AQW 12239/22-27


Mr Jim Allister KC
Traditional Unionist Voice
North Antrim


Tabled Date: 20/05/2024
Answered On Date: 03/06/2024
Priority Written: Yes


Question:
To ask the Minister of Agriculture, Environment and Rural Affairs to detail (i) how; and (ii) with what effect departmental functions have been removed from his control; and (iii) the practical consequences of this.


Answer:
The functions of my department have not changed since the Windsor Framework (Implementation) Regulations 2024 came into force on 12 April 2024.
However, there are currently 19 pieces of EU legislation where the Secretary of State has not exercised his discretion not to exercise direction and control, that is, they are now subject to the direction and control of the Secretary of State. A list of these has been deposited in the Assembly Library and can be accessed via the link below.
https://www.niassembly.gov.uk/globalassets/documents/raise/deposited-papers/2024/dp1767.pdf
In addition, from 17 May 2024, the Defra Secretary of state has exercised discretion in the areas of disease awareness, disease preparedness and disease control in relation to animal and plant health and these matters are now under my ministerial responsibility.
This discretion should be understood in the context of the Secretary of State’s criteria for retaining direction and control, which include:
operational arrangements at Northern Ireland ports and airports concerning the movement of goods between GB and NI;
policy developments and legislation that would impact movements between Great Britain and Northern Ireland; and
new EU laws which replace regulations under Annex II of the Windsor Framework.
As stated in paragraph 3.5 of the Windsor Framework (Implementation) Regulations 2024 statutory guidance, he practical consequences of the above are that where my department is exercising functions subject to the direction and control of the Secretary of State, DAERA officials should comply with decisions made by the Secretary of State as they would with those made by me.
Therefore, in circumstances where officials would normally either inform or seek a decision from me on a given matter, they should advise and seek decisions from the Secretary of State in the same way and in good time.
On the other hand, in circumstances where officials would not normally either inform me, or seek decisions on a given matter, they should not normally do so from the Secretary of State.