If the Government did that, I would eat the words with which I started my speech and I would congratulate the Minister. I have suggested that it could be done by making the Bill cover the whole of the United Kingdom. If the only concern is about the volume of cross-border trade on the island of Ireland, the Government should state in the Bill that the livestock must have an end destination in Ireland.
Let me just spell out the Bill’s implications. Thousands of animals are exported to continental Europe every year. The good thing is that we will now, Pontius Pilate-like, be able to wash our hands and say, “If they
are going to continental Europe, they will not go through Great Britain.” The Bill makes it clear that a person who exports
“relevant livestock from Great Britain”,
or,
“transports, or attempts to transport, relevant livestock from or through Great Britain”,
or,
“organises, or attempts to organise, the transport of relevant livestock from or through Great Britain”
will be breaking the law. However, there is nothing to stop someone from Northern Ireland taking the animals in a lorry the whole length of the island of Ireland down to Rosslare for a 20-hour sea journey. They could then go on to continental Europe and down to Spain, or wherever the final destination happened to be, and all the suffering that this Bill is attempting to stop would not be prevented for exports from Northern Ireland.
People may say, “There are safeguards on the journey.” When the Northern Ireland Assembly was operative, I remember raising the case of unweaned calves with an agriculture Minister. I asked him to refuse to accept journey logs unless the calves were given milk replacer and unloaded before the lorry went on a ferry. That is a ferry journey, do not forget, of nearly 20 hours. I will share the answer from the Minister, just so that I can spell out the welfare implications of omitting Northern Ireland from this Bill. He said that the Department does not consider it necessary to feed calves during their rest period or before they get on the boat. Even if people do not do that, they will be in compliance with EU regulations. That is the implication of leaving Northern Ireland out of this Bill. The real reason for doing so is not to ensure that farmers in Northern Ireland can have free access to the Irish Republic. The real reason was given earlier by another speaker: judgments have been made in the European Court of Justice.
Judgments made in the past still apply in Northern Ireland. Any judgments in the future will still apply in Northern Ireland. EU law will, and does, still apply in Northern Ireland. This Bill cannot apply in Northern Ireland because, as a result of the protocol, the Windsor framework and the arrangements that have been put in place, Northern Ireland is still gripped by the tentacles of the European Union. That is the real reason for leaving Northern Ireland out of the Bill. Do not let the Minister pretend tonight that he is concerned about farmers in Northern Ireland not being able to take their cattle to abattoirs or places for fattening in the Irish Republic. If that were the case, he could make that possible under this Bill.
I ask the Minister whether that has been considered in his discussions. If it has been considered and rejected, why has it been rejected? Is he content that a part of the United Kingdom will still have the ability to export sheep, cattle and animals of all sorts right across the continent of Europe and over a long sea journey? The sea journey will be longer now because we cannot use the land bridge of Great Britain. The sea journey will be from Rosslare to somewhere in northern France. To me, that does not look like concern for the welfare of the animals that will be transported.
Although it is not the subject of today’s debate, one of the impediments to getting an Executive set up in Northern Ireland is that kind of intrusion. Even if the
Executive were operating today—I believe that the majority of MLAs in Stormont want the same provisions as there are for the rest of the United Kingdom—they would not be able to bring in those provisions, because this is an area where it appears that Westminster does not have any control over the law in Northern Ireland. The Assembly would not have control over the law in Northern Ireland; Brussels makes the decision on this. The European Court of Justice has made a ruling on it, and the sufferers are the animals that are subject to inadequate protection in law.
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