The draft Alien and Locally Absent Species (Aquaculture) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020

Part of Executive Committee Business – in the Northern Ireland Assembly at 1:45 pm on 14 December 2020.

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Photo of Declan McAleer Declan McAleer Sinn Féin 1:45, 14 December 2020

I welcome the opportunity to speak as Chairperson to outline the views of the Committee.

Invasive alien species are one of the key causes of the loss of native species and harm to biodiversity. Aquaculture can be one of the routes for the introduction of new species. It is also particularly exposed to negative impacts and risks derived from invasive alien species.

Regulations concerning alien and locally absent species in aquaculture provide protection from these risks and are listed in annex 2 of the protocol. Under the terms of the withdrawal agreement and the protocol, this jurisdiction must remain aligned with the EU rules listed in the protocol.

The Alien and Locally Absent Species in Aquaculture Regulations 2012 provide for a system of permits that govern the introduction and translocation of alien and locally absent species in aquaculture into this jurisdiction. The AERA Committee considered a written briefing on the statutory rule on the Alien and Locally Absent Species (Aquaculture) (Amendment) (EU Exit) Regulations 2020, at its meeting on 5 November.

The Committee was advised that this SR amends the 2012 regulations and makes the technical amendments required to ensure compatibility with the withdrawal agreement and the protocol at the end of the transition period.

On 5 November, the Committee indicated that it had no concerns or objections to the rule. It has been advised that there is no policy change. It has always been policy to control and, where necessary, restrict movements to here of species that could pose a threat to aquaculture businesses and the environment from other parts of these islands.

The Committee was also informed that, as a consequence of the technical amendment to regulation 4(2)(b), it will become an offence to move these species into this jurisdiction from Britain without a permit. Given that this statutory rule widens the offence, this is a cross-cutting matter with the Department of Justice. The Justice Minister has approved the amendment relating to offences contained in the statutory rule.

The Committee considered the draft SR on 10 December and was advised that a screening exercise had been carried out and no equality issues were identified. No regulatory impact assessment was required, as there will be no impact on the private, voluntary or public sectors as a result of the changes. A rural-needs screening exercise was carried out on the statutory rule and no impact was identified. There are no financial implications associated with the introduction of the rule. The statutory rule does not have any human rights implications, nor is it incompatible with EU law. It therefore complies with the requirements of section 24 of the NI Act 1998. The report of the Examiner of Statutory Rules has not identified any issues in relation to the statutory rule.

At the meeting on 10 December, one Committee member objected to the rule, leading to a vote. Four members voted for the rule, one voted against and three abstained. The Committee, therefore, recommends that the rule be approved by the Assembly.