Baroness in Waiting/Government Whip (Baroness Anderson of Stoke-on-Trent) (Lab)

My Lords, this instrument introduces the mechanisms to enforce the EU mercury regulation in Northern Ireland under the Windsor Framework, which maintains Northern Ireland’s dual market access to the EU single market and the UK internal market. I know that questions of democratic legitimacy and the effectiveness of the Windsor Framework’s democratic scrutiny mechanisms are a frequent area of consideration and discussion, and I am sure we will discuss them again today. This affirmative statutory instrument clearly demonstrates the purpose and benefit of the Windsor Framework, but before I set out its scope and objectives, I want to provide some further background on the arrangements applying in Northern Ireland that make this measure necessary. Dental amalgam is a dental filling material made up of a mixture of mercury and metal alloys including silver, tin and copper. It is a stable, safe filling material that is widely used across the UK to fill cavities caused by tooth decay. Compared to alternative fillings such as composite resins, dental amalgam fillings are typically cheaper and take less time to apply. Last year, the EU introduced amendments to the EU mercury regulation that applies under the Windsor Framework. These amendments introduced a ban on the use and export of dental amalgam from 1 January 2025 and a ban on the manufacture and import of dental amalgam from 1 July 2026. Here, we saw an issue that would pose particular difficulties for Northern Ireland. We saw Members of the Legislative Assembly scrutinise the issue and voice their concerns because an immediate ban on dental amalgam would have led to longer dental treatment times in Northern Ireland, meaning fewer patients being treated. This could ultimately worsen oral health outcomes in Northern Ireland. The Government acted on these concerns and made representations to the EU. The EU Commission recognised Northern Ireland’s specific circumstances last year, leading to the bespoke arrangements for Northern Ireland that we are discussing today. Northern Ireland will have a much longer transition period: until 2034, or until an earlier phase-out date is agreed by the Minamata Convention on Mercury, an international treaty to which the UK and the EU are parties. It will mean that the continued use of dental amalgam in Northern Ireland is aligned with the rest of the UK. The absence of these exemptions would have meant an immediate ban on dental amalgam use and import, which would have negative health and socio-economic impacts in Northern Ireland. For instance, mercury-free alternatives, such as composite fillings, generally require longer treatment times that could strain dental service capacity and may not be suitable for all patients. This could have resulted in longer treatment times and patient waiting lists, potentially harming oral health in Northern Ireland. A gradual transition to mercury-free alternatives will ensure a managed phase-out, therefore minimising disruptions to Northern Ireland’s dental service provision. During this time, businesses and dentists in Northern Ireland may continue to import and use dental amalgam. Such treatment may be given to UK residents only, and imports need to be proportionate with use. This gradual phase-out of dental amalgam will allow a longer period to transition to alternative fillings. This will give dentists time to improve practice efficiency, gain experience with more complex fillings and adapt to emerging alternatives, and will support the training of dental professionals. The dental amalgam exemptions on use and import have applied in Northern Ireland since 1 January 2025, and the authorities in Northern Ireland have taken the steps required to implement them, including issuing further guidance and engaging with dentists. The purpose of this instrument is further to strengthen the enforcement measures Northern Ireland authorities can take on the ground to support the arrangements in Northern Ireland. These include powers to enforce the prohibitions on dental amalgam export and manufacture, additional reporting requirements for dental amalgam importers, and restrictions on dental amalgam use for patients as set out in the European Commission notice. The instrument also implements the allowed exemptions to the import and use of dental amalgam while Northern Ireland gradually phases out its use. On the issue of mercury more broadly, I recognise the concerns about its environmental impact. It is a highly toxic substance that can harm human health and the environment if improperly managed. When dental amalgam is exposed to high temperatures, such as during cremation, the mercury it contains can enter the environment as a toxic gas if there are no mercury-emission controls in place. I am happy to confirm that crematoria in Northern Ireland are fitted with control technologies to reduce mercury emissions. Under our environmental improvement plan, we are taking steps and further developing plans to reduce mercury emissions, including from crematoria. As part of this, the Government will soon publish an updated process guidance note for crematoria and the accompanying government consultation response, which will include further guidance on emission abatement technologies in crematoria. In conclusion, this measure is clear in its purpose, ensuring that Northern Ireland authorities have the powers to enforce the EU export and manufacturing prohibitions, reporting requirements and exemptions on dental amalgam use and import, as set out in the European Commission notice. This instrument will also mean that Northern Ireland continues to benefit from exemptions on dental amalgam use and import, allowing for a longer transition period and equity of dental provision with the rest of the UK. I beg to move. Amendment to the Motion