My Lords, we also support these SIs but, like other noble Lords, I have a few questions and points to make about them.
I am concerned by the number of SIs where we have seen errors—and I have raised this on a number of occasions—when bringing former European legislation into UK law. We know that five particular SIs are referenced in paragraph 3.1 of the Explanatory Memorandum for the Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations, all originating from 2019 or 2020. It is concerning that we are still seeing this number of corrections happening. I have asked the Minister before to reassure us that it is not going to keep happening but, unfortunately, it seems to keep reappearing. We ask again for reassurance that this is being sorted out and we are not going to keep having statutory instruments to correct previous instruments that we have already passed.
The noble Baroness, Lady Bakewell, mentioned the issues with paragraph 7.2, outlining the penalty regime. As she pointed out, the penalty regime was considered redundant in 2020, which now means that there is no
mechanism fully to enforce the plant health regulation as the existing penalty regime cannot be amended or added to. Can the Minister let us know what the practical impact of this has been, and what is the current situation going forward?
We also know that other areas have been corrected, including the accidental deletion of a requirement on the Secretary of State to charge fees in connection with certain functions carried out under the official controls regulation. It worries me how much the Government are trying to achieve in such a short space of time, and this is one of the reasons we are seeing so many errors. Again, I would be grateful if the Minister can confirm to the Committee that he is keeping a very close eye on the department in these areas, so we have as few errors as possible. We completely support the fact that we need to avail ourselves of opportunities to regulate ourselves differently, now that we are out of the EU, but we worry about the lack of legal clarity in the short to medium term while these errors keep taking place.
More positively for this SI, we are pleased to see that paragraph 7.1 of the Explanatory Memorandum notes that the devolved Administrations were consulted on the changes and consented to them. We welcome that collaborative approach being taken to relations with the devolved Administrations.
Very briefly on the second SI, the Trade in Animals and Related Products (Amendment and Legislative Functions) Regulations 2022, I reiterate what was said by the noble Baroness, Lady Bakewell of Hardington Mandeville, about the Welsh Government’s equivalent instrument. It would be helpful to have an update on what that says and how it works with what we are doing in Westminster.
The Joint Committee on Statutory Instruments reported on Regulation 9(5) regarding defective drafting around the definition of “enactment”. The question was whether this regulation can be used to amend Acts of Parliament. Again, clarification is needed but, also, what is the purpose of this power? Could the Minister give an example of how this would be used in practice?
Finally, I draw attention to some other questions noble Lords asked, particularly on live animal exports, which both noble Baronesses mentioned. It is important that we have clarification on the implications for import/export with the EU, compared to our legislation on this issue. The noble Baroness, Lady McIntosh of Pickering, also asked an important question about whether this will be retained law as we bring forward other legislation. The questions on food inspections were also important.
This worries me particularly because of the number of errors. It is important, when we put through these SIs, that we have real clarification on some of these issues. I look forward to the Minister’s response.