Baroness Hayman of Ullock (Lab)

My Lords, first, I thank noble Lords from all sides of the House for their contributions to the debate today and for the valuable points made in respect of the instrument. I will rattle through—I do not have very long, I am afraid—because a broad range of issues has been covered during the debate, some clearly beyond the scope of the instrument but important none the less. I will do my best to cover the issues raised in the time I have. The noble Lord, Lord Dodds, talked about Northern Ireland’s status, as did other noble Lords. This is a technical amendment. I get the point that the noble Lord, Lord Blencathra, has just made, but this is not about making Northern Ireland a member state or changing Northern Ireland’s status; it is about protecting the unique opportunity that we have secured for Northern Ireland. What we have done is ensure that Northern Ireland operators maintain seamless access to the EU single market while at the same time firmly remaining within the UK’s internal market. A number of noble Lords raised the issue of the constitution and the Windsor Framework. As I said at the beginning, this does not change the Windsor Framework. I appreciate the strength of feeling around constitutional issues, but I assure noble Lords that this instrument respects Northern Ireland’s position and integral place within the United Kingdom. It is UK-made, UK-scrutinised and operates within the scope of the UK’s international commitments. Introducing and applying domestic legislation to Northern Ireland upholds the UK Government’s commitment to implementing the Windsor Framework, which, as we have heard, is a clear improvement on the Northern Ireland protocol and is the best workable solution we have. Some noble Lords suggested, or at least implied, that the United Kingdom is being governed by the European Union. This is not the case. Northern Ireland, as I said, is fully part of the UK internal market. It has unfettered access for Northern Ireland goods moving to GB, and EU law applies only in limited, defined areas necessary to preserve island of Ireland biosecurity and Northern Ireland’s access to the EU single market. The framework enables Northern Ireland’s unique dual market access, supporting its agri-food sector and its rural economy. There are no constitutional changes made by this instrument; it simply provides for full enforcement of biosecurity controls at domestic level. Some noble Lords—the noble Lord, Lord Lilley, for example—talked about enforcement. DAERA and GB competent authorities work closely to achieve compliance with biosecurity controls and minimise any disruption or delay on trade. However, DAERA must also be able to ensure it has adequate means of taking appropriate action on the small number of operators that may not comply with plant health requirements, in order to ensure a level playing field for those following the rules. The amendments included in this instrument will ensure that DAERA has the powers to maintain a legal regime that can be effectively enforced, so that penalties can be imposed for non-compliance that puts Northern Ireland’s biosecurity at risk. However, it is DAERA’s intention to maintain a proportionate approach. The noble Lord, Lord Bew, mentioned the positive impacts of the Windsor Framework. I mentioned seed potatoes in my speech, but I would like to give another example. Goods moved under the Northern Ireland plant health label scheme, which was introduced as part of the Windsor Framework, increased from 1,708 in 2024 to 4,090 in 2025. This is extremely positive and clearly demonstrates that goods are moving across the United Kingdom and that the flow of trade is good. I was asked why there was not an impact assessment. A full impact assessment was not prepared as it is not required under the Better Regulation Framework, and this will not impact on businesses and stakeholders; in fact it provides DAERA with more effective enforcement against non-compliant operators. There was a lot of discussion around the lack of public consultation. The main reason is that there is no statutory duty to consult, because this makes consequential changes relating to plant health legislation that already applies in Northern Ireland under the Windsor Framework. I have talked about the engagement with stakeholders leading to the development of the instrument. I mentioned the UK horticultural working group. The noble Baroness, Lady Hoey, said that we had not spoken to any farmers, but that group includes the UFU—the Ulster Farmers Union—and the Horticultural Trades Association. I would also like to assure the noble Lord, Lord Redwood, that we talked to the EU during our discussions about Northern Ireland and the concerns that are raised and the particular ways in which we have to manage Northern Ireland trade. The noble Lord, Lord Frost, may be interested to know that I met a number of farmers today who are very supportive of our SPS negotiations because they see the benefits to trade. The noble Lord, Lord Frost, and the noble Baroness, Lady Chapman, talked about the necessity of the SI at opposite ends of the scales. The legislation gives DAERA the necessary powers. That is why we need it: we need to protect Northern Ireland’s biosecurity and high plant health status. My noble friend Baroness Ritchie asked about the Murphy report. The Government accepted all the recommendations made by the noble Lord, Lord Murphy, in his independent review of the Windsor Framework. Among other measures, we will sharpen and improve our engagement with a range of stakeholders across different sectors and businesses that implement the Windsor Framework. We will also continue our work to smooth the flow of goods moving from GB to Northern Ireland, including the future SPS agreement. The noble Baroness, Lady Hoey, mentioned divergence, and I completely appreciate her points in respect of regulatory divergence, and concerns that this could complicate trade. However, the Government’s view is that the Windsor Framework promotes a careful and pragmatic balance between maintaining Northern Ireland’s access to the EU single market and safeguarding its place within the UK internal market. It reduces unnecessary checks on goods, which is why many businesses support this approach. The noble Baroness, Lady Lawlor, may be interested to know that DAERA officials in Northern Ireland actually drafted the legislation, and have worked to ensure that the instrument is drafted with what is necessary and proportionate for Northern Ireland at its core. That approach reflects the fact that the Windsor Framework obligations arise from an agreement reached by the UK Government and ultimately fall to the UK Government to uphold. It is not appropriate to leave them solely to the Northern Ireland Executive to discharge, which is why we work on direction and control with DAERA. I return to the specifics of the statutory instrument at hand today. It serves only to update Northern Ireland’s plant health legislation, ensuring that it is clear, operable and accurate. This gives not only clarity to DAERA in the vital roles it delivers in protecting Northern Ireland’s biosecurity, but clarity and stability to Northern Ireland’s stakeholders, ensuring that all parties play their part in doing what is necessary to maintain plant health in Northern Ireland. Making the requirements clear and correct in this instrument will ensure that there are no legislative gaps and no room for confusion in dealing with a complex plant health environment. It thus contributes to safeguarding Northern Ireland’s trade and economic success in the agri-food, horticulture, forestry and woodland sectors. It also, as I have said, ensures that the United Kingdom meets its international obligations under the Windsor Framework, serving to ensure that the high biosecurity standards that Northern Ireland is privileged to observe are continued. I want to give the noble Lord, Lord Dodds, time to respond, so I will finish there. I will write on the details of the consultation, raised by the noble Lord, Lord Blencathra, and the noble Baroness, Lady Suttie, because there is quite a lot there.