Fifty Ninth Report Contents

Proposed Negative Statutory Instruments under the European Union (Withdrawal) Act 2018

Instruments recommended for upgrade to the affirmative procedure

Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

1.The purpose of these draft Regulations, laid by the Department for Environment, Food and Rural Affairs (Defra) as a proposed negative instrument, is to make technical operability changes to parts of retained EU legislation that deal with the import of animals and animal products. While the instrument proposes extensive amendments in this policy area over more than 18 pages, including the copying-out of provisions from relevant EU legislation directly into UK legislation and the repeal of a piece of retained EU law, the Explanatory Memorandum provides limited explanation of the proposed changes, stating simply that “no change is being made to policy” and that the instrument is needed to “ensure continuity of the existing legal framework” after EU exit and to “improve legal clarity of retained EU legislation relevant to the import of animals and animal products”. Given that the arrangements for the import of live animals and animal products after EU exit are a politically significant aspect of the UK’s withdrawal from the EU, it would have been helpful for the Department to provide further explanation of the approach taken with this instrument. The Committee is of the view that the House may expect an opportunity to debate proposals for legislative change in this important policy area. We therefore recommend that this instrument should be subject to the affirmative resolution procedure.

Proposed negatives about which no recommendation to upgrade is made





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