Lord Frost (Non-Afl)

My Lords, we are in the second of what will be three discussions of statutory instruments on the Windsor Framework before we go into the Recess. One of the advantages of this rapid sequence of debates is that we can check the consistency of what is said in one debate, as compared to another. With that in mind, I note that the Minister, when winding up last week, said: “The noble Lord, Lord Frost, implied that the UK has ceded biosecurity responsibilities for Northern Ireland to the EU”. She went on to say: “We retain complete autonomy to make our own regulatory decisions”.—[Official Report, 2/9/26; col. 201.] For a few reasons, I gently ask the Minister whether she entirely stands by that statement in the light of the discussion that we are having. First, as we have heard, the Explanatory Memorandum says that the EU amendments, as they are called, are “already operational in Northern Ireland”. Further, in discussion on this, Defra told the Secondary Legislation Scrutiny Committee that, if necessary, DAERA—the Northern Ireland equivalent— “could in practice have relied on the EU regulations as a basis for enforcement action”. One wonders what the point of this SI is, given the powers that are already in place. It certainly feels rather irrelevant. Secondly, in case this was not obvious enough, the Government are clear—as we have heard—that these amendments are required of us by the Windsor Framework. Again, the Explanatory Memorandum says: “The purpose of this Statutory Instrument is to ensure that relevant domestic legislation … operates in accordance with the Windsor Framework”. In other words, that is the justification, not the substantive purpose. Thirdly—again, as we have heard—if that were not enough, paragraph 7.1 of the Explanatory Memorandum washes its hands of it and says, “If you have concerns about any of this, go to Brussels and talk to them about it”. I wonder whether, when this great reset and the new SPS rules are in place, thus imposing this regime on the whole of the UK, that will also be the Government’s position; and whether farmers will be told to go to Brussels and beg if they do not like the new SPS reset arrangement. That seems the logical consequence of the position that is taken here. It could not be clearer that the British Government have no say at all in these matters; today’s legislation makes that abundantly clear. So I ask the Minister: in what sense does she think the Government have autonomy in these areas? I suggest to her that today’s discussion is disconnected from the real power relationships in Northern Ireland and is entirely performative. Therefore, the regret amendment from the noble Lord, Lord Dodds, is entirely justified.