Official Report: Minutes of Evidence

The Chairperson (Mr Gildernew): I welcome Kathryn Baker. Can you hear us?

Ms Kathryn Baker (Food Standards Agency): Yes, thank you. I can hear you very well.

The Chairperson (Mr Gildernew): I have a question about this matter. In the principles of the common framework programme and specifically those relating to North/South linkages, Kathryn, the protocol and the Good Friday Agreement are mentioned in the memo on page 207. What will departmental officials do throughout the process to ensure that those principles are upheld?

Ms Baker: Apologies, Chair. Are you referring to the previous Department of Health brief or to the statutory rules (SRs)? Can I ask for clarity on that?

The Chairperson (Mr Gildernew): The principles relating to North/South linkages, the protocol and the Good Friday Agreement are mentioned in the common framework memo. How will officials ensure that those principles are upheld throughout the common framework process?

Ms Baker: Apologies, Chair. I will have to come back to you in writing. I have come before the Committee today to talk about the SRs. Apologies, but I do not have that information in front of me. If it is OK, can I come back to you in writing on that?

The Chairperson (Mr Gildernew): Yes, that is fine. That is all that I had on that.

Are there any other questions on the SRs, members?

Mr Carroll: The explanatory memorandum says that there was a four-week consultation. I do not know whether we discussed this at a previous meeting; maybe we did. How satisfied are you, Kathryn, that that consultation was sufficient?

Ms Baker: Which particular statutory rule are you referring to, please?

Mr Carroll: This is the explanatory memorandum for SR 286.

Ms Baker: Can you just give me the title?

The Chairperson (Mr Gildernew): It is the Food (Miscellaneous Amendments etc.) (EU Exit) Regulations (Northern Ireland) 2020.

Ms Baker: Thank you. I know the one that you are talking about. This regulation will make quite a lot of technical fixes to regulations that we made last year when we thought we were leaving with no deal. A lot of amendments were made to regulations so that we could have a retained rule book outside the EU. Obviously, once the details of the Northern Ireland protocol were agreed earlier this year, those amendments were not relevant.

This regulation has not made any policy changes as such. It has simply reflected that we need to revoke those rules and that we will continue to apply the EU regulatory requirements. The only slightly different interpretation of the EU rules that has been added to this regulation is on the identification mark and health marks for products of animal origin. We have been doing a lot of consultation with industry outside the consultation period of the regulations. For the last three months, we have been meeting regularly with industry on this issue. We have been dealing with a lot of questions as a result of that, and we have produced Q&A guidance on our website. We have mopped up a lot of the issues on the issue with the industry directly in the consultation period and in an extended period outside of that.

Mr Carroll: There were only two responses. Are you happy that the consultation was sufficient, based on the fact that the regulations are no longer required, as you indicated? Are you happy that that was sufficient?

Ms Baker: Yes. We had two responses. One was from the Ulster Farmers' Union (UFU), and it agreed with the proposals. We needed to revoke the regulations that were made previously, and it understood that.

A honey producer responded, and they put forward issues on the costs of labelling once we move outside the EU. We noted those and will consider them when we make any amendments in the future on honey labelling. However, we will continue to follow the EU rules in that respect.

Mr Carroll: Thank you.

The Chairperson (Mr Gildernew): Are there any other questions, members? I should have said in my introduction that Kathryn Baker is head of food safety policy and delivery with the Food Standards Agency.

I think that that is all, Kathryn. Thank you for coming on, even if only briefly, to pick up on those points. I appreciate it. Good luck and all the best. I wish you a very happy and peaceful Christmas.

Ms Baker: Thank you very much, Chair. I am very happy to come and answer questions at any time. Thank you.

The Chairperson (Mr Gildernew): Thank you, Kathryn.

The Examiner of Statutory Rules has reported on these statutory rules (SRs) and has no comments to make. All the SRs are subject to the negative resolution procedure.

This SR makes technical amendments to the Food Hygiene Rating Act 2016. The Committee considered the SL1 policy proposal for the SR on 12 November and agreed that it was content for the Food Standards Agency to make the rule. Do members have any further issues to raise in connection with that statutory rule? If not, I ask members to agree formally that the Committee for Health has considered SR 2020/267 — the Food Hygiene Rating Act (Amendment) Regulations (NI) 2020 — and has no objection to the rule. Are we content?