AQW 2594/22-27


Mr Philip McGuigan
Sinn Féin
North Antrim


Tabled Date: 01/07/2022
Answered On Date: 28/07/2022
Priority Written: No


Question:
To ask the Minister of Agriculture, Environment and Rural Affairs to provide copies of his correspondence with the Secretary of State for Environment, Food and Rural Affairs, or other DEFRA officials, regarding transposing of the EU Single Use Plastics Directive into law in this jurisdiction.


Answer:
It would not be appropriate for me to make public ministerial communications, covering a range of matters, concerning ongoing policy development. However, I can advise that I confirmed to the Secretary of State in writing on two occasions and verbally at various meetings that the UK Government had made the agreement in respect of single-use plastics with the EU and therefore this was a matter for the UK Government. I have also asked for confirmation of UK Government plans for transposition so that an update could be provided to NI businesses.
The UK Government has since recognised deficiencies in the NI Protocol and is now seeking to rectify these either through negotiation with the EU or through domestic legislation.
Meanwhile Scottish and Welsh Government plans to introduce legislation on single-use plastics have been found to be inconsistent with the UK Internal Market Act (IMA). A legal exclusion to the IMA for certain single-use plastics is currently being progressed and there also remains an ongoing legal case by the Welsh Government on the powers of the IMA.
Until these deficiencies with the Protocol and the internal UK legal issues have been thoroughly addressed it would be prudent to keep on hold any further work on single-use plastics legislation.