My Lords, the noble Lord, Lord Benyon, has set out the rationale for this SI. Others have contributed to the debate and given a less enthusiastic reception, to say the least. I regret that my knowledge of the history and the subject matter is far less than that of those sitting opposite me. It would be churlish to suggest that if we had not left the EU, we would not be debating this SI this afternoon. However, this SI will be an improvement for Northern Ireland on the bureaucratic regulations it is currently operating under, although I accept that others will not agree with this.
The Windsor Framework will create the new Northern Ireland retail movement scheme, which will enable consignments to move around on the basis of a single certificate, without routine physical checks and on the basis of GB public health, marketing and organics standards. This will apply to agri-foods, wholesalers, caterers, et cetera, including those supplying food to public institutions, such as hospitals and schools. All this seems good to me.
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In the past in Grand Committee, we have debated plant health certificates and sanitary and phytosanitary passports for plants. The Windsor Framework will establish a Northern Ireland plant health label, which will be known as the NIPHL, removing the need for plants to be accompanied by a phytosanitary certificate. This will be replaced by operators registering as a relevant competent authority to issue an NIPHL attached to the goods, allowing them to be moved from GB to Northern Ireland—this is a cheaper option. Seed potatoes, previously banned, will again be available in Northern Ireland. I remember well the previous seed potato- ban SI.
I note that the Northern Ireland retail movement scheme applies to fisheries regulations and catch documentation requirements for certain species of fish. Can the Minister please give a little more information on exactly which species of fish are affected by this regulation and in what way?
As well as plant movements, the SI will allow the movement of vehicles and machinery operating for agriculture and forestry purposes to be covered by the NIPHL scheme. Under the EU, the SPS—sanitary and phytosanitary—regulation disapplies some provisions in relation to retail agri-food goods moving into Northern Ireland under the Northern Ireland retail movement scheme. The Explanatory Memorandum states that the regulations subject to disapplication are set out under annexe 1 of the SPS regulation. However, I could not find any reference to the detail of this. Perhaps it does not have any material influence on this SI.
The Secondary Legislation Scrutiny Committee raised concerns over the laying of the statutory instrument during Recess, which I also find regrettable. Part 2 of the SI lists the detailed offences that the regulations cover. This list is extensive and hopefully inclusive. I could go on at length extolling the benefits of this SI in terms of the lifting of some of the burdens of legislation from Northern Ireland and enabling its trading arrangements to operate on a less bureaucratic basis. Generally, the measures covered in the SI are good and should be welcomed.
Paragraph 12.2 of the Explanatory Memorandum states that a de minimis assessment has been completed—the noble Baroness, Lady Ritchie, referred to this. The costs to businesses from the instrument are below the de minimis threshold. Since this work has been conducted in order to ascertain that the de minimis has not been reached, can the Minister say just how much the costs for businesses will be, even if this is below the de minimis threshold? The absence of an IA is regrettable but not surprising.
The Windsor Framework improves trade in Northern Ireland and, on that basis, it should be welcomed.
Despite everything that has been said, I welcome this statutory instrument, but, given the grave concerns of DUP Members, I look forward to the Minister’s response.