Instruments of interest
Welfare of Animals at the Time of Killing (England and Northern Ireland) (Amendment) (EU Exit) Regulations 2019 (SI 2019/1308)
1.This instrument makes changes to ensure that individuals who wish to apply for a certificate of competence (a qualification needed for killing animals or carrying out related operations in a slaughterhouse) in England and Northern Ireland after EU exit may rely on approved training and examination undertaken in the Republic of Ireland. The Department for Environment, Food and Rural Affairs (Defra) explains that an earlier EU exit instrument1 ended the recognition of certificates of competence from EU Member States after exit, and that this instrument is needed to ensure that the UK meets its obligations under the UK Ireland Common Travel Area, which provides for the right of Irish citizens to work in the UK and have professional qualifications recognised. Defra expects only around two applications per year to be affected by the changes, saving applicants approximately £225 for additional training or examination which would otherwise be required. The Department says that both Scotland and Wales are making similar changes to ensure consistency across the UK.
2.We asked the Department why the earlier EU exit instrument, which removed the recognition of EU certificates of competence for slaughterers, did not include provisions to meet the requirements under the Common Travel Area. Defra told us that:
“The Department became aware in December 2018 of a potential incompatibility between the policy of no longer recognising EU slaughterer certificates of competence after EU exit and the UK Government’s obligations under the Common Travel Area. Discussions then commenced with the Devolved Administrations and the regulators to determine the best course of action to address this, which included exploring both legislative and non-legislative options. In order to ensure that SI 2019/158 came into force before the original “exit day” [29 March 2019], this instrument was laid before these discussions had concluded. The final approach to addressing this issue was only approved last month and the agreed text has now been incorporated into SI 2019/1308. In order to ensure that the UK Government continues to meet its Common Travel Area obligations, Ministers decided that the urgency provisions contained in the EU Withdrawal Act were appropriate in this case and it was, therefore, laid as a made affirmative on 7 October.”
Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019 (SI 2019/1310)
3.These Regulations have been laid by the Department for Transport (DfT) using the ‘made affirmative’ procedure. In the accompanying Explanatory Memorandum (EM), DfT notes that, amongst other things, the instrument amends the Railways and Other Guided Transport Systems (Safety) Regulations 2006 (SI 2006/599)2 by inserting provisions for the time-limited recognition of EU-issued Part A safety certificates after Brexit. The EM notes that existing EU Part A safety certificates will be recognised as valid in Great Britain for a maximum of two years after Brexit, or until expiry, whichever is sooner. At this point, the holders of EU Part A safety certificates will need to have applied to the Office of Rail and Road and obtained a Part A safety certificate and a Part B safety certificate to continue operating trains in Great Britain, but will not have to be established in the UK to do so. DfT states that “EU Part A safety certificates issued after Brexit will not be recognised in the UK within this two-year recognition period”. Paragraph 2.12 of the EM notes that, in practice, the two-year recognition period will have a minimal impact on the rail industry, as only one operator provides services in Great Britain using a certificate issued in another EU member state. DfT goes on to state that “Departmental officials have actively engaged with the operator who has initiated the process of submitting an application to the Office of Rail and Road for a new Part A and a Part B safety certificate”. We asked the Department for additional information about Part A certificates (see Appendix for the full DfT responses). The Department also confirmed that this instrument extends the application of the existing criminal offence of operating railway services without a Part A certificate, stating that “This is because any operator seeking to use an EU Part A safety certificate after the two year limited recognition period, or using an EU Part A safety certificate issued after Brexit during the two–year recognition period, will be using a certificate that is no longer valid in Great Britain and will therefore be committing an offence”.
Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (SI 2019/1312)
4.These Regulations amend retained EU law on the Common Fisheries Policy (CFP). The Department for Environment, Food and Rural Affairs (Defra) says that the changes reflect new EU CFP legislation which has come into force since the original EU exit date of 29 March 2019, amend retained EU legislation that was previously de-prioritised due to its non-essential nature, and correct typographic and other minor errors in earlier EU exit instruments. Green Alliance has shared concerns with the Committee about one of the amendments which deals with joint recommendations that, under current EU law, Member States may make to the European Commission (“the Commission”) to change or repeal technical measures on the conservation of fisheries resources and the protection of marine ecosystems. Through this instrument, the provisions for joint recommendations are largely subsumed into a legislative function which is transferred from the Commission to UK fisheries administrations, so that they can make regulations to change or repeal these technical measures after exit. Green Alliance is concerned about the effect of removing a specific provision according to which Member States may provide information on the effectiveness of existing technical measures and monitoring arrangements as part of their joint recommendations. Defra explains that the provision of extra information as part of the joint recommendation process “would not work as a concept in the new regime as there is no longer a joint recommendation process for such information to be included”. Instead, UK fisheries administrations “will be able to make these changes without the need to persuade the Commission to take action”, as under the current system. Defra emphasises that “moving to a single layer system for such amendments provides for no loss of oversight compared to the EU model, whilst providing the UK with the ability to amend its technical conservation measures in a more streamlined way than is the case under the CFP”. The Committee notes that with the move from a two-layer system to a one-layer-system, the legislation that the Government have committed to taking forward to establish a new regulatory regime for the environment, including the fisheries sector, will be of particular importance.
1 Animal Welfare (Amendment) (EU Exit) Regulations 2019 (SI 2019/802).
2 Paragraph 2.3 of the EM notes that the Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (SI 2019/837) amended the Railways and Other Guided Transport Systems (Safety) Regulations 2006 (SI 2006/599) (the “2006 Regulations”). The present instrument modifies and supplements those earlier amendments to the 2006 Regulations.