Declan McAleer
West Tyrone · Sinn Féin · Northern Ireland
“The regulations are designed to strengthen and complement the existing framework governing the welfare of animals at the time of killing. They build upon EU regulation 1099/2009 and the Welfare of Animals at the Time of Killing Regulations 2014, ensuring that the North maintains high standards of animal welfare.”
“Inspectors are granted clear powers to enforce the regulations, including the ability to enter premises, carry out inspections and, where necessary, seize evidence to ensure compliance. Enforcement notices may also be issued where breaches are identified, with appropriate mechanisms in place for appeal.”
“<BR /> <BR />From a resource point of view, which is another key debate, and looking at the practicalities of the Bill, we must not create a situation in which councils will be expected to take on significant new responsibilities, incur substantial costs and manage increased workloads without the necessary resources.”
“I will follow on from the key points made by my colleague Aoife Finnegan MLA. First, I record our appreciation of the Committee staff, including Janice and Glenda, for the work that they did. I also thank the Bill Office for its assistance during our scrutiny of the Bill.”
“We support the ambition of the Bill — we made that clear at First Stage and at Committee Stage, and we have made it clear today — to give councils stronger powers to intervene. However, the stronger powers must be accompanied by a framework that is properly resourced, legally robust and workable.”
“There are three council areas in our West Tyrone constituency, for instance. <BR /> <BR />We heard a lot from NILGA and received correspondence from SOLACE about the costs and the fear that costs could not be recovered. If legal challenges were brought to councils about notices that were made, it would be costly to the ratepayer.”
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Every one of 1,560 lines we hold for Declan McAleer, in date order, each linked to its source. Free to read, in full, without an account. Page 19 of 32.
“I thank the Member for his intervention. He has pre-empted me, because I was coming to the topic of funding. <BR /> <BR />One of the biggest consequences of leaving the EU against our will is the fact that we will lose EU funding. We get £300 million a year on average for single farm payments. That is 100% EU-funded money that goes directly to farmers and agri-food businesses to keep them going. Whilst we have had promises from the British Government until the end of the mandate, there is nothing beyond that at all. <BR /> <BR />We are also being dragged out of the rural development programme. The previous programme, which was introduced by the former Agriculture Minister and, now, deputy First Minister, was a £623 million programme over six years. We are being taken out of that.”
“Again, all that can add more bureaucracy and cost to consumers and businesses here. <BR /> <BR />There is the sheep issue. Thousands of sheep are stranded over in Scotland. They cannot come across here. That is a consequence of Brexit. There has been no resolution to the seed potato issue. Indeed, there has been no resolution to the issue of breeding animals. They cannot come across here. That has a huge impact on the pedigree trade.”
“I noted commentary at the weekend from the British Government, who estimate that 40% to 70% of freight that arrives at the ports will not have the appropriate documentation to sail. That is absolutely incredible. That is a huge burden on those drivers. We saw what happened to drivers at Dover over the Christmas break. We are also dealing with perishable stock and food that is coming across. That has the potential to cause mayhem. We have seen that in Holyhead, in Wales, they are creating a contraflow to deal with that. At Cairnryan, they are leasing a disused airport to cope with that possibility. That is a consequence of Brexit that could have a huge impact on us here. Come 1 January, we will have customs and SPS checks. Next year, we will have customs arrangements in place.”
“I welcome the opportunity to speak on the motion and in support of amendment Nos 1 and 4. I speak from an agriculture and rural affairs perspective. <BR /> <BR />I want to point out that the food and drink sector in the North employs 100,000 people. It feeds 10 million people and provides 30% of private-sector employment. For the past four years, the Brexit crisis, which we did not vote for in the North, has caused absolute mayhem in the sector. The North voted to remain. Brexit is an imposition on us all. <BR /> <BR />With or without the deal, Brexit will cause friction, and friction causes delay and cost. From 1 January, there will be non-tariff barriers to trade, east and west. We will have SPS checks on goods that are traded across the Irish Sea.”
“I am glad to hear of the Minister's commitment to the scheme, and I thank her very much for her answer. The Minister will be aware that the project is crucial to the west and, indeed, the north-west of the island of Ireland. Will she update us on any recent contact or consultation that she has had with her counterpart, Minister Ryan, in Dublin on the Irish Government's part funding of the scheme?”
“The Minister will be aware that visiting restrictions also remain in place in maternity wards, for example. Has the Minister any plans to review that in the coming weeks?”
“Yesterday, I attended the funeral of Patrick O'Hagan, who was a friend and neighbour of mine. As an 8-year-old child, he and his brothers witnessed the murder of their mother, Kathleen, in their family home. No proper investigation has been carried out into Kathleen's death, and the dark forces of collusion in her murder have been pointed to. Will the Minister agree that no one is above the law, including veterans, who, as members of the British state forces, were involved in murder and criminality?”
“The Committee, therefore, recommends that the rule be approved by the Assembly.”
“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. <BR /> <BR />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.”
“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. <BR /> <BR />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. <BR /> <BR />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.”
“<BR /> <BR />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. <BR /> <BR />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. <BR /> <BR />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.”
“I welcome the opportunity to speak as Chairperson to outline the views of the Committee. <BR /> <BR />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. <BR /> <BR />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.”
“I thank the Minister for his statement. Is the Minister concerned about the impact that Brexit could have on food safety? What mitigations could be put in place to address these concerns?”
“The Minister made reference to the anti-avoidance measures that the British Government are supposed to put in place to prevent the North from becoming a back door into the British market. That has the potential to become a huge impediment to trade heading east. There are only 23 days to go until the end of the transition period. Does she have any assessment or sense of what shape the anti-avoidance measures might take?”
“I thank the Minister for her very comprehensive response. Many MLAs, particularly those who, like me, represent rural areas — I represent West Tyrone, which is in the Sperrins — are itching to know when it will come to our local town or village. When Project Stratum was conceived, it was estimated that the number of premises with no access to superfast broadband was over 100,000, whereas Project Stratum now targets 76,000. Will the Minister explain that gap and advise whether there is a solution for the 30,000 premises not currently part of the Project Stratum intervention area?”
“There are many other areas of relevance and many other challenges in the North of Ireland to do with rural affairs, such as COVID, TB and the ammonia action plan. There are loads of other issues that we want to look at, and that has placed our Committee, and the officials in particular, under huge pressure. It is really important that we pay tribute to the work of the officials. Occasionally, they do not get the information that they need in decent time from DEFRA in order to process it all for the Department and the Committee. I pay tribute to them for all the work that they have been doing. I also place on record my thanks to my colleagues on the Committee. As I said, we are trying our best to scrutinise a massive volume of work, which is the legal fallout from the separation that we did not consent to in the first place.”
“We have been governed by the common agricultural policy for many decades. A huge regulatory and scrutiny burden has been placed on the Committee and the Department. I commend and echo what Patsy McGlone said in the previous debate: the legal separation has resulted in the Committee having to deal with over 50 statutory rules and instruments. In normal circumstances, that body of work could take years to do, but we have had to do it in weeks. Doing so has put officials in the Department and our Committee officials under huge stress. We on the Committee have held bumper meetings to deal with a huge load of scrutiny at pace. We find it very challenging and unacceptable, particularly given that it is not something that the people of the North consented to in the first place.”
“The legislative process that we have been engaged in marks, effectively, the legal separation of the North from the EU, which is against the democratic will of the people of the North.”
“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. <BR /> <BR />A 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. The report of the Examiner of Statutory Rules has not identified any issues with the statutory rule. Therefore, the Committee was content with the proposals from the Department and recommends that the statutory rule be confirmed by the Assembly. <BR /> <BR />I want to add a couple of comments as Sinn Féin spokesperson for agriculture and rural affairs.”
“It also provides that DAERA can continue to make legislation preventing the introduction or spread of plant pests into or within this jurisdiction as per the protocol. <BR /> <BR />Finally, the statutory rule amends the Diseases of Animals (NI) Order 1981 to reflect that the UK is no longer a member of the EU. The Committee considered the draft SR at its meeting on 3 December and was advised that, as the amendments contained in the rule are technical and do not involve policy changes, they have not been subject to public consultation. <BR /> <BR />A screening exercise was carried out, and no equality issues were identified. No regulatory impact assessment is required as there are no impacts on the private, voluntary or public sector as a result of the changes.”
“The AERA Committee considered a written briefing on an SL1, the draft Plant Health and Diseases of Animals (Amendment) (EU Exit) Regulations (NI) 2020, at its meeting on 22 October. It is that statutory rule that is subject to debate now. At that meeting, the Committee indicated that it had no concerns or objections to the rule. The rule amends the primary legislation that I mentioned earlier relating to plant health and animal health and welfare to ensure that it aligns with the protocol. The Committee has been advised that the rule is technical and does not involve policy changes. It provides that investigations in respect of alleged breaches of animal health and welfare obligations arising under either retained EU law or the protocol can continue at the end of the transition period.”
“At the outset, I add my best wishes to those being sent to the Minister. Yesterday, I recorded my best wishes and was also in contact with him. I wish him well and commend Mr Lyons, who is looking very comfortable at the Dispatch Box as the replacement Minister of Agriculture, Environment and Rural Affairs. <BR /> <BR />I welcome the opportunity to outline the views of the Committee. Plant health and animal welfare fall under the protocol. Primary legislation in this jurisdiction is required to align with EU obligations in accordance with the protocol so that it can continue to operate effectively at the end of the transition period. <BR /> <BR />I want to be clear that the primary legislation that we are referring to is the Plant Health Act (NI) 1967, the Diseases of Animals (NI) Order 1981 and the Welfare of Animals Act (NI) 2011.”
“The report of the Examiner of Statutory Rules did not identify any issues in relation to the statutory rule. Therefore, the Committee was content with the proposals from the Department and recommends that the statutory rule be confirmed by the Assembly.”
“These regulation-making powers will enable the Department to amend marketing requirements after the end of the transition period to ensure that those statutory requirements can keep pace with scientific and technical knowledge and be responsive to market conditions. <BR /> <BR />The Committee considered the draft SR at its meeting on 3 December and was advised that no public consultation had taken place. The SR has been screened for equality impact, and there is no impact on business, charities, voluntary bodies or the public sector. A regulatory impact assessment has not been prepared. The regulations will have no financial implications for businesses. It has no human rights implications, nor is it incompatible with EU law. The order is, therefore, deemed to comply with the requirements of section 24 of the NI Act 1998.”
“The Committee has been advised that this instrument will allow DAERA, as the appropriate authority in this jurisdiction, to exercise legislative functions here after the end of the transition period equivalent to legislative functions exercisable by the Commission and the Council. <BR /> <BR />The instrument sets out DAERA's powers to set conditions with which ornamental planting material must comply; set labelling and document requirements for plant material; modify the regulated species of vegetable plant materials; set conditions with which vegetable plant material must comply; and derogate in the event of temporary supply difficulties.”
“<BR /> <BR />While powers are available under the European Union (Withdrawal Agreement) Act for matters that are in annex 2 of the protocol, Council directive 98/56/EC, which regulates ornamental plant-propagating material, and Council directive 2008/72/EC, which regulates vegetable-propagating and planting material other than seed, are not in annex 2 of the protocol. <BR /> <BR />The AERA Committee considered a written briefing on an SL1 for a statutory rule on the Marketing of Plant and Propagating Material (Legislative Functions) (Amendment) (EU Exit) Regulations (NI) 2020 at its meeting on 22 October. It is that SR that we are considering today. At the meeting, the Committee indicated that it had no concerns or objections to the rule.”
“I welcome the opportunity to speak as Chairperson of the Committee for Agriculture, Environment and Rural Affairs and to outline the views of the Committee. <BR /> <BR />The European Union (Withdrawal Agreement) Act 2020 means that it has been necessary to review plant health legislation in order to take account of the protocol. DAERA currently uses section 2 powers of the European Communities Act 1972 to make legislation on the marketing of plant-propagating and planting material. Those powers will not be available after the end of EU exit implementation period.”
“Unfortunately, earlier this year, at the beginning of lockdown, when the weather was incredibly warm, we witnessed many gorse fires, many of them in my district. It is important that the Department, and, indeed, all the Departments, educates and informs people about the damage that such fires do to people's lives and to biodiversity. When those who are impacted on by the fires try to engage with compensation services, it can become a legal quagmire. Does the Minister agree that it is important that everyone do their best to educate and inform people about those fires and their impact?”
“I also associate myself with extending best wishes to Minister Poots. I sent him a message earlier today and am glad to note that he is moving in the right direction. I also want to commend Minister Dodds for coming in at short notice. You have done a good job so far, so fair play to you.”
“<BR /> <BR />Members also raised a query in relation to the lengthy list of matters on which regulations might be made, and they sought reassurance that any procedures in relation to this are put in place by the end of the transition period. Officials confirmed that that would be the case. <BR /> <BR />The Committee agreed that they had no concerns with a further legislative consent motion, so far as they relate to Part 2 of the Bill on veterinary medicines.”
“The amendments will also strengthen provision for sharing information on veterinary medicines on an international basis. <BR /> <BR />At our meeting on 12 November, the AERA Committee considered oral and written evidence on the Bill and examined a number of matters with officials on amendments relating to veterinary medicine. Members raised a query in relation to the amendments proposed in respect of information sharing in order for information to be shared with bodies outside the UK in pursuance of international agreements and arrangements, and how that would comply with the Data Protection Act. Departmental officials advised that the Bill would be fully compliant with all aspects of the Data Protection Act in the sharing of information.”
“The Bill was complex and technical, and the Committee had very little time to fully explore its implications or to consult with all the relevant stakeholders. The Committee raised a number of issues, which I outlined in my speech to the House when the LCM was debated on 16 June. Ultimately, the Committee agreed that it was content with the LCM as it related to the veterinary medicine provisions in the Bill. <BR /> <BR />On 22 October, the Executive agreed that a further LCM was required to take account of recent amendments to the Bill and that it was to be laid by the Department of Health. Those amendments will make provision for the exercise of regulation-making powers under the Bill and will enhance the legislative scrutiny of and public engagement on those regulations.”
“The AERA Committee first considered the Medicines and Medical Devices Bill at its meeting on 5 March when a letter from the AERA Minister noted that it was making its passage through Westminster and that it was focused primarily on human medicines and medical devices, with Part 2 dealing with veterinary medicines. Following the tabling of the legislative consent motion by the Health Minister, it was referred to the Health Committee for consideration. Subsequently, the Health Committee asked the AERA Committee to consider and comment on the section of the Bill that concerns veterinary medicines. <BR /> <BR />On 11 June, the AERA Committee took oral and written evidence on the four clauses that make up Part 2 and that deal with veterinary medicines.”
“I thank the Minister for his answer. I declare an interest as a registered patient at the Carrickmore health centre. I am glad that the Minister has identified this as a priority for capital investment, albeit in the longer term. Does he recognise that, given that we have an ageing population and that the Carrickmore health centre serves a very large and dispersed rural population, that has huge implications for rural isolation and ambulance response times. Given that we are amongst the furthest away from acute services, does the Minister not agree that this particular health centre should be prioritised for investment?”
“Minister, when will the Executive subcommittee on the RHI recommendations conclude its work?”
“I very much welcome the fact that the Minister is still considering this and that he has been consulting his officials. <BR /> <BR />On a not totally unrelated topic, the Minister is due to bring out a draft ammonia strategy soon. Areas such as Glenelly and other hill areas are not particularly well suited to some of the low-emitting slurry-spreading equipment. If the Minister could factor that in to the equation when the new strategy is coming out, I would be grateful.”
“The Minister referred to the possibility of reassigning some staff from his Department. Does he have any assessment of the impact that that could have on other programmes? He will be more aware than we all are of the challenges that the Department faces in the various strategies and programmes that he is bringing forward.”
“I welcome the statement from the Minister. In paragraph 32, the Minister made reference to a neutral solution on capping. Can you elaborate on that? I aware that, during the last CAP reform, there was a cap put on the Basic Payment Scheme (BPS), because there was a situation before that where some farmers were getting the best part of a third of a million pounds in a single farm payment per year, which works out at nearly £1,000 a day. There was then a cap put on that. What specifically are you referring to? What are your ideas around the neutral solution on capping in the statement?”
“I thank the Minister for his statement. The Minister referred, in paragraphs five and six, to the topic of plastics. He will know that the fishing industry is greatly concerned about that and is prepared to play its part in helping to resolve the issue and protect the marine environment. Will the Minister elaborate on what options are being considered by his Department for the sustainable end of life for fishing gear?”
“<BR /> <BR />My point is that this type of a blanket ban would be crazy, given the impact on the environment and the economy. We must also remember that farmers are our food producers. During the current pandemic, they are designated as key workers. It does not matter whether you live in a rural area or an urban one; you still go down to your local shop for your milk, bacon, eggs and sausages. Those do not grow on trees; they have to be produced by farmers. Our farmers, as food producers, are key workers. I know farmers. I am from a rural area. I live beside a bog. We all appreciate the importance of maintaining such sites and the biodiversity connected to them, but we must also be mindful that it is important that we support our rural economy and our food security and supply.”
“The last train left Fermanagh in 1957; the last train left Omagh in 1965; and they never came back. The motorway stopped when it hit the Bann for some reason. We do not have motorways, we do not have trains, and we do not have broadband. Are we going to impose more scrutiny to try to block future development and thwart the Executive's plans as well? That is not going to happen. <BR /> <BR />There has been progress. I know from the figures that have been quoted today that it does not look like that, but farmers are doing their best. A lot of work is being done through AFBI and Teagasc in the South, looking at the animals' diets and genetics. The farm business improvement scheme is out there at the minute. We are at tranche 3 of tier 1. It is targeted towards ammonia-reducing equipment, and there is a good uptake.”
“It said that the way to deliver a strategy is to avoid putting more nitrogen into our production system and to try to retain the nitrogen that is in the production system and not to have it being released into the atmosphere and going across borders and on to ecological sites. <BR /> <BR />West of the Bann, virtually everywhere is within 7·5 kilometres of a Natura 2000 site. Two thirds of those sites are in counties Derry, Tyrone and Fermanagh. If the proposal was implemented, we would see a moratorium on not only everything to do with agriculture but to do with everything. All soil systems that have nitrogen in them have the potential to create ammonia. We see a blanket ban, effectively, on farming and all types of development. Living in the west, as we do, we do not have a motorway or a railway.”
“Again, that highlights the importance of the cross-border issue. Teagasc made the point that progress will be undermined if one jurisdiction here on the island is making good progress in reducing emissions and the other is not. In areas such as County Fermanagh, where Rosemary, my colleague on the Agriculture Committee, is from, the ammonia might get there by coming across from the South of Ireland on the south-westerly breezes. Indeed, that might happen from North to South as well. <BR /> <BR />Farmers are environmentalists. They are up for it. It is not efficient for nitrogen to blow off land in that way. The ecological damage that is caused by nitrogen leakage is costly and that is not sustainable. <BR /> <BR />We supported the views of the expert working group.”
“The North, according the land parcel identification system in DAERA, is made up of a jigsaw of 750,000 fields, which are individual parcels of land, and our farmers maintain those green fields — our emerald island and our green and pleasant land — in the way that they are, which is as carbon sinks and with the natural beauty that we have. You see that in our postcards that you see all around the world. The other reason is that it is not efficient. That is because ammonia is nitrogen and nitrogen blowing off your fields onto other habitats is not very efficient; it is better off in the fields and within the grass to make the grass grow instead of making its way in the wind to other habitats.”
“I thank the Minister for her response to the motion. Indeed, she recognises the frustrations of the Green Party in bringing forward this amendment. However, I think, if I do a summary around the Chamber, that most Members here recognise that this sort of a blanket ban or moratorium on planning would be detrimental, not just to our farming community but to the wider economy. <BR /> <BR />With regard to winding up, I do not want to repeat what other people have said because a lot of stuff has been covered here. However, I believe that farmers are up for actually this, and they are up for this for a number of reasons. Farmers are environmentalists.”
“I thank the Minister for her response. She will be aware that, along with Ms Sheerin behind me here, I have been lobbying for quite a while now in relation to the B47 route through the Sperrins. That is a key route for people living up in communities like Cranagh for accessing services in south Derry, Magherafelt and Ballinascreen. Will the Minister give further consideration to including that section of the B47 from Cranagh to Ballinascreen on the main gritting schedule?”
“I thank the Minister for his statement. In his statement, the Minister referred to Lough Foyle and made references to the Loughs Agency. The Minister will be aware that the ongoing dispute over the ownership of Lough Foyle is impeding the full remit of the Loughs Agency's work. Does he have any update on how best to deal with that dispute?”
“In paragraph 9 of the Minister's statement, he refers to the importance of clean air. Will he update us on whether any progress has been made on developing a clean air strategy discussion document for here and, indeed, on a cross-border basis?”
“I thank the Minister for his response. Will the Minister provide us with an update on Civil Service reform?”
“When I spoke informally to the Minister yesterday, he said that there would be a consultation on the new rural policy in the very near future, and we all look forward to that. <BR /> <BR />Clarity on the Shared Prosperity Fund is long overdue, but I am hopeful that the Committee will wish to examine that aspect in detail in the near future. That is all that I want to say.”