Exiting the European Union (Aquaculture)

Sandy Martin Excerpts

Wednesday 20th February 2019 Commons Chamber

[Sandy Martin (Ipswich) (Lab)]

I put on record the Opposition’s general concern about how the Government are scheduling secondary legislation and the limited means of scrutiny it offers. Given the serious dangers that would accrue if we get any of these statutory instruments wrong, it is regrettable that, nearly two years after invoking article 50, we are now having to rush everything through in the last few days. Neither Opposition parties nor other stakeholders can have any confidence about when each statutory instrument will be debated. Even when they have been scheduled, we sometimes do not know from hour to hour.

The explanatory memorandum states:

“Without this instrument… This may prevent trade between Northern Ireland and the EU and Third Countries after the UK leaves the EU.”

It also states:

“If this legislation is not progressed then this would result in an incomplete statute book on Day 1 of the UK’s withdrawal from the EU.”

The Opposition will support these regulations today, but I would be grateful if the Minister addressed our questions about the process, about what replaces EU procedures and, specifically, about the replacement for Council directive 2006/88.

Some stakeholders were not able to comment on this statutory instrument because they needed to prioritise many other much larger, more contentious pieces of secondary legislation, such as the Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 and the Fisheries (Amendment) (EU Exit) Regulations 2019, both of which we opposed recently. We run the risk of exposing ourselves to unintended consequences if we continue to pass rushed legislation that has not had external scrutiny.

We have, at most, 90 minutes to consider this statutory instrument, and there is no real chance for amendments. There has been no time for impact assessment and only very limited consultation. Can the Minister be absolutely certain that no mistakes have been made, such as the blunder on the revocation of some of the powers of the inshore fisheries conservation officers as part of the Government’s so-called red tape challenge?

The explanatory memorandum states that this statutory instrument has

“no, or no significant, impact”.

Can the Minister tell us how significant an impact would have to be before it is reckoned to be significant?

One consequence of leaving the EU will be the potential loss of pan-European scientific expertise. We currently have access to Europe-wide research and analysis to shape our decisions. What steps are being taken to ensure that the scientific advice will be of the same technical and authoritative standard after these regulations are transposed? What additional funding will be allocated to Northern Ireland research to plug this gap? How will we continue to tap into EU scientific expertise, and what negotiations are taking place on continued participation in the EU’s intelligence-sharing networks?

Although we do not doubt our scientific community’s expertise on aquatic animal health and plant life, unless we adhere doggedly to European Union standards, over which we will no longer have any control, we will be placing an extra workload on our scientific advisers, which they may not have the resources to fulfil.

The Minister mentioned the changes to directive 2006/88 but, for the avoidance of doubt, what will replace the EU standing committee on the food chain and animal health in Northern Ireland? Given that the Northern Ireland Assembly is not sitting, and probably will not be sitting after 29 March, what elected body will take on the responsibilities of the European Parliament in this matter, as per the procedure referred to in article 62(2) of the directive?

The explanatory memorandum states:

“Whilst the UK will be under no legal obligation to adhere to EU rules for aquatic animal health following EU exit, failure to do so could result in the UK being unable to trade in aquaculture…products with EU Member States and third countries.”

The UK exports a very large proportion of fish and shellfish, so it seems important that there should be a similarly rigorous system for establishing disease-free zones—one that mirrors the current EU process—otherwise there would be a very real likelihood that the EU would refuse to take Northern Ireland’s produce in future. What plans does the Minister have to mirror the current level of scrutiny for declaring disease-free zones?

This statutory instrument changes the Northern Irish law that implements directive 2006/88, and it is designed to preserve the existing level of environmental protection by maintaining the current approach to aquatic animal health and the management of aquaculture. The Minister mentioned regulation 2016/249, which will apply from 2021, and I fail to understand some of the links in this statutory instrument—I apologise for that, but I could not find anyone who does understand them—so will he explain what his Department will do?

What are the Minister’s plans to introduce UK legislation to implement the commitments provided for in the new EU animal health strategy? What assessment has the Department made of the influence of climate change on the emergence of new diseases, the prevalence of existing diseases and the geographic distribution of disease agents and vectors, as mentioned in the EU animal health strategy 2007 to 2013? If the Department has not undertaken any such assessment, and has no plans to do so, does it not mean that we will need to continue to rely on the EU to do this work for us and that we will have to adhere to whatever further directives the EU comes up with?

We will support these regulations because we need to address the deficiencies in domestic legislation that will arise from Brexit. Northern Irish law must be able to operate after the UK leaves the EU, and it must not leave Northern Ireland unable to trade with European Union countries including, of course, the Republic. We must be careful there are no unintended consequences that would risk the health of aquatic animals or that would fail to facilitate trade, so I would be grateful if the Minister addressed the points I have raised.

--- Later in debate ---

[George Eustice]

I thank the hon. Gentleman for that confirmation. There was indeed consultation, but it was led by DAERA. It is important to recognise that we are doing this on DAERA’s behalf and at its request. DAERA has co-operated and consulted widely with stakeholders in Northern Ireland, and I understand that the regulations have their support. In conclusion—

[Sandy Martin]

The Minister has not fully answered my question about the way in which directive 2006/88 is being replaced by regulation 2016/249. He mentioned something about an automatic carry-over, but I do not really understand how that works. The statutory instrument says:

“After regulation 21(6), insert—

‘(7) For the purposes of paragraph (1), regulations 19(3)(c) and 21(1) and paragraphs (1)(c)(iii) and 4(d) of Schedule 1A, Part A of Annex 3 to Directive 2006/88’”

and so on. It is almost impossible for anybody to work out what is actually happening. Will the Minister describe how we are going to take on regulation 2016 rather than directive 2006, as a result of this statutory instrument?

[George Eustice]

The point that hon. Gentleman describes in some detail is a point that I explained in my opening speech when I talked about cross-references. If the retained EU law retained a reference to an EU directive, that would no longer be operable, because EU directives would no longer apply in the UK. The only way to make such provisions operable is to have a reference point in UK law. The 2006 regulations will become retained EU law on a UK legal basis. All we are saying is that we will change references to the original directive that gave rise to the regulation and make them references contained within the regulations themselves, so that they will remain operable. It is quite complicated, but essentially it boils down to this: EU directives will cease to have effect in the UK after we leave, but retained EU law will continue to have effect, so if there are provisions in directives that we wish to retain, we must bring them over in the retained EU law. In this case, we do that with the regulation concerned.

We have explored some of the key areas of this statutory instrument. I hope I have been able to reassure Members not only that this instrument is essential to ensure that we have an operable rulebook in this area on day one of exit, but that we are not creating any policy changes or new policy through this statutory instrument. We are simply ensuring that the arrangements that pertain today can continue. I therefore commend the motion to the House.

Question put and agreed to.