Date laid: 14 November 2018
Sifting period ends: 29 November 2018
1.The Department for Environment, Food and Rural Affairs (Defra) has laid these Regulations as a Proposed Negative instrument. The effect is to ensure that current arrangements for the identification and registration of livestock (cattle, sheep, goats and pigs) can continue to operate effectively after the UK’s withdrawal from the EU, so that livestock remain traceable for the purposes of disease control. Amongst other changes, the Regulations confer directly on Ministers legislative functions and a fee charging power. While, in line with the Committee’s policy remit, we do not express a definitive view on this essentially legal issue, it is arguable that the effect of conferring legislative functions and a fee charging power on Ministers is to trigger the requirement under Schedule 7, Part 1, paragraph 1(1) and paragraph 1(2)(b) and (d) of the EU (Withdrawal) Act 2018 for the affirmative resolution procedure to apply to this instrument. The Committee also notes that these changes are not set out clearly in the Explanatory Memorandum and that, while a fee charging power exists under current arrangements without being used in practice, conferring such a power directly on Ministers may lead to a different approach in the future. The House may expect therefore the opportunity to debate these draft Regulations and consider their impact further. We recommend that this instrument should be subject to the affirmative resolution procedure.