Eighth Report Contents

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

Proposed Negative Statutory Instruments about which no recommendation to upgrade is made

Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 2018

1.The Department for Environment, Food and Rural Affairs has laid these Regulations as a Proposed Negative instrument. The purpose is to ensure that there is a workable legal framework in relation to aquatic animal health and alien and locally absent species in aquaculture after the UK’s withdrawal from the EU. The proposals apply to Northern Ireland only. Apart from technical changes, the Regulations confer directly on the competent authority in Northern Ireland a legislative function in relation to the establishment of appropriate buffer zones to prevent the introduction of exotic diseases to aquatic species in Northern Ireland. While, in line with the Committee’s policy remit, we do not express a definitive view on what is essentially a legal issue, it is arguable that the effect of conferring legislative functions in this way is to trigger the requirement under Schedule 7, Part 1, paragraphs 1(1) and 1(2) (d) of the EU (Withdrawal) Act 2018 for the affirmative resolution procedure to apply to this instrument.

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