Exiting the European Union (Agriculture)

This instrument applies to the fields of animal health, the marketing of seed potatoes and the labelling of beef and veal, which are devolved matters for Northern Ireland. The Scottish Government and the Department for Environment, Food and Rural Affairs are making similar changes by means of their own secondary legislation within their areas of legislative competence. I know that Opposition Members will mention consultations—indeed, they were mentioned earlier by Democratic Unionist party colleagues—so I will address this question for them. Although there was no statutory requirement to consult publicly on the instrument, officials engaged with key stakeholders covering different sectors to discuss the amendments that would be required and provided the opportunity to gain views on the draft instrument before it was laid. Stakeholders principally included the Ulster Farmers Union.

In regard to the structure of this SI, part 2 of the instrument amends the Control of Salmonella in Poultry Scheme Order (Northern Ireland) 2008, the Control of Salmonella in Broiler Flocks Scheme Order (Northern Ireland) 2009 and the Control of Salmonella in Turkey Flocks Scheme Order (Northern Ireland) 2010, to maintain and ensure high standards of poultry health. Part 3 amends the Beef and Veal Labelling Regulations (Northern Ireland) 2010, providing for the provision of information for non-prepackaged meat of bovine animals aged 12 months or less at the point of sale, establishing a system for identification and labelling of beef and beef products. This ensures the maintenance of the marketing standards of meat and bovine animals. Part 4 amends the Seed Potato Regulations (Northern Ireland) 2016, to ensure that high plant health and marketing standards are maintained. It also 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 the continuity of supplies of seed potatoes.

What are the main changes? When I talk about changes, I mean changes to the text to cater for Brexit, rather than any substantive or policy changes. As with other instruments, various terms in the regulations or the directives that relate to the EU are amended to be relevant to the UK. The instrument updates references to retained EU legislation in parts 2, 3 and 4. Part 4 also introduces legislation that ensures that the legal requirements for producing and marketing seed potatoes are in place after the UK has left the EU.

There are three main changes. The first involves grade names. The current legislation is the Seed Potatoes Regulations (Northern Ireland) 2016, which includes all the requirements from the EU directive on seed potatoes—that is, directive 2002/56/EC. In those regulations, seed potatoes are sold in various grades, called union grades, depending on the age and quality of the seed. The instrument renames the union grades as “UK grades”. The actual names of the grades—PB, S, SE and E—are unchanged, as are the requirements to be met for each of the grades.

Secondly, if the UK leaves the EU without a withdrawal agreement, UK seed potatoes will be prohibited from being marketed in the EU. In those circumstances, the UK could also prohibit the marketing in the UK of seed potatoes produced in the EU and Switzerland.

However, the varieties currently purchased by UK growers from the EU are not currently available within the UK. England, Wales and Northern Ireland have therefore agreed that EU seed potatoes will continue to be permitted to be marketed for a period of one year after exit day. That should give the UK industry some time to produce some of these varieties themselves. The instrument gives effect to that change.

For a variety of seed potato to be marketed within the UK, it must be listed on the UK national list or the EU common catalogue. After the UK has left the EU, the instrument will permit the marketing of varieties that are on the EU common catalogue, but not on the UK national list, for a period of two years. That will give the companies that control such varieties time to enter them on the UK national list and will also allow UK growers to continue to have access to those varieties in the interim.

This instrument will ensure that the high biosecurity and marketing standards achieved in both animal and plant health in Northern Ireland are maintained when we leave the European Union, and I commend it to the House.