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Agriculture Act 2020

Contents

Schedule 6: Provisions relating to Northern Ireland

  1. Schedule 6 extends similar powers to DAERA as those conferred on the Secretary of State in relation to Part 1 (Chapter 2 and Chapter 3), Part 2 (Chapter 2), Part 3 (Chapter 1) and Part 5 of the Act.

Schedule 6, Part 1: Financial support after exiting the EU

  1. Paragraphs 1-4 of Part 1 of Schedule 6 provides for the payment of Direct Payments in Northern Ireland under the basic payment scheme and the coupled support scheme.
  2. Paragraph 1(1) sets out the definitions for terms used in paragraph 1-4. Paragraph 1(2) defines the term "basic payment scheme" as covering the basic payment, the greening component, and the young farmers payment. A difference from the equivalent provision for England (Part 1, Chapter 2, section 7), is that paragraph 1 also provides that the basic payment scheme includes redistributive payments if a decision is taken by DAERA to make such payments, and payments for areas with natural constraints if provision is made under paragraph 2(1)(b). A redistributive payment is a payment for a limited number of first hectares in addition to the payment rate per hectare calculated for all of the land receiving a payment under the scheme.
  3. Paragraph 2(1) of Schedule 6 confers on DAERA powers to modify certain legislation governing the basic payment scheme so far as it operates in relation to Northern Ireland for or in connection with making changes that will simplify or improve the scheme, and for making provision to reintroduce and modify articles 48 and 49 of the Direct Payments Regulation in relation to making payments for areas of natural constraint.
  4. Paragraph 2(2) clarifies that DAERA may terminate either or both greening payments and young farmer payments in relation to Northern Ireland using the powers available under paragraph 2(1)(a).
  5. Paragraph 2(3) provides that regulations made under this paragraph are subject to the affirmative resolution procedure.
  6. Paragraph 3 of Schedule 6 confers on DAERA powers to modify legislation to secure continuation of the basic payment scheme in Wales after 2020. Paragraph 3(6) provides that regulations made under this paragraph are subject to the affirmative resolution procedure.
  7. Paragraph 4 of Schedule 6 confers on DAERA powers to modify certain legislation governing the coupled support scheme so far as it operates in relation to Northern Ireland for the purposes of making changes that will simplify or improve the scheme and for making for the continuation of the option to make payments under the scheme beyond the time at which the option would cease.
  8. Paragraph 4(2) provides that regulations made under this paragraph are subject to the affirmative resolution procedure.
  9. Paragraph 5 of Schedule 6 confers on DAERA powers to modify, so far as it operates in relation to Northern Ireland, retained direct EU legislation relating to the financing, management and monitoring of the common agricultural policy, and subordinate legislation relating to that legislation.
  10. Paragraphs 5(1) and (2) provide that DAERA may make regulations to modify that legislation, so far as it operates in relation to Northern Ireland, for either of two specified purposes. Those purposes are:
    • securing that any provision of that legislation ceases to have effect, or:
    • simplifying or improving the operation of any provision of such legislation.
  1. Paragraph 5(4) provides that regulations made under this paragraph are subject to the affirmative resolution procedure unless section 50(5) applies, in which case the procedure is affirmative.
  2. Paragraph 6 of Schedule 6 confers on DAERA powers to modify retained direct EU legislation relating to apiculture and subordinate legislation relating to that legislation. Paragraph 6(2) defines "retained direct EU legislation relating to apiculture" by reference to a non-exhaustive list. Paragraph 6(3) provides that regulations made under this paragraph are subject to the affirmative resolution procedure unless section 50(5) applies, in which case the procedure is affirmative.
  3. Paragraph 7 of Schedule 6 confers on DAERA powers to modify retained direct EU legislation relating to support for rural development and subordinate legislation relating to that legislation. Paragraph 7(2) defines "retained direct EU legislation relating to support for rural development" by reference to a non-exhaustive list. Paragraph 7(3) provides that regulations made under this paragraph are subject to the affirmative resolution procedure. These powers could be used to make extensions of schemes and projects beyond the existing RDP 2014-20 or to operate a domestic Northern Ireland equivalent.
  4. The powers conferred on DAERA in Part 1 of Schedule 6 are very similar powers to the financial support powers conferred on the Secretary of State in relation to Part 1 (Chapter 2 and Chapter 3) of the Act in relation to England, with the exception of:
    • Section 8 which relates to the agricultural transition period for England
    • Section 11 which relates to the phasing out of Direct Payments
    • Section 15 which modifies aid schemes for fruit and vegetable POs

Schedule 6, Part 2: Intervention in Agricultural Markets

  1. Paragraph 8(1) provides that DAERA may give, or agree to give, financial assistance to support agricultural producers in Northern Ireland whose incomes are being, or are likely to be, adversely affected by disturbances in agricultural market, where DAERA considers that there is either a severe, or serious threat of a severe disturbance and prices achievable by agricultural producers in Northern Ireland for one or more agricultural products are, or are likely to be adversely effected. Paragraph 8(2) provides that DAERA may also make such use as they consider appropriate of any available powers under retained direct EU legislation which provides for the operation of public intervention and aid for private storage mechanisms as an alternative to, or in conjunction with the financial assistance under this paragraph.
  2. Paragraph 9(1) of Schedule 6 confers on DAERA powers to modify retained direct EU legislation relating to public market intervention or aid for private storage for the purpose of either securing that such legislation ceases to have effect in relation to Northern Ireland, or altering the operation of that legislation in relation to Northern Ireland (pending the legislation ceasing to have effect).
  3. Paragraph 9(2) provides that the powers conferred by paragraph 9(1) includes the power to change what agricultural products are eligible for public intervention and private storage aid.
  4. Paragraph 9(3) provides that regulations made under this paragraph are subject to the affirmative resolution procedure.
  5. Paragraph 9(4) defines "retained direct EU legislation relating to public market intervention or aid for private storage" for the purposes of this paragraph.
  6. The powers conferred on DAERA in Part 2 of Schedule 6 are very similar to the intervention powers conferred on the Secretary of State in Part 2 (Chapter 2) of the Act in relation to England, with the exception of section 20 relating to the declaration of exceptional market conditions.

Schedule 6, Part 3: Collection and sharing of data

  1. Part 3 of Schedule 6 confers on DAERA powers to collect and share data from those within or closely connected to the agri-food supply chain.
  2. Paragraph 10(1) provides that DAERA may require a person in, or closely connected with, an agri-food supply chain to provide information about matters connected with any of the person’s activities connected with the supply chain so far as the activities are in Northern Ireland.
  3. Paragraph 10(2) provides that DAERA may make regulations requiring persons referred to in paragraph 10(1) to provide such information. Paragraph 10(8) provides that regulations made under this paragraph are subject to the affirmative resolution procedure.
  4. Paragraph 11 defines the meaning of certain terms for the purposes of this Part, including "agri-food supply chain" and persons in and closely connected with such supply chains.
  5. Paragraph 12 provides that the requirement for data to be collected and shared under paragraphs 10(1) and (2) must specify purposes for which the information may be processed. Paragraph 12(4) lists the purposes which include, for example, helping farmers and producers to increase productivity, manage risk and market volatility, and to support animal and plant health.
  6. Paragraph 13 imposes a duty on DAERA to publish a draft requirement before a particular requirement for collection of data is imposed under paragraph 10(1). Paragraph 13(1) provides that the final requirement may be imposed in either its draft or a revised form, taking account of comments received in the published timeframe (and any other relevant matters).
  7. Paragraph 13(2) states that the requirement may be imposed on a person at any time once the final drafting has been agreed, when the person is within the published description.
  8. Paragraph 14 sets out the requirements for processing a requirement to provide information under paragraphs 10(1) and (2).
  9. Paragraph 15 provides that DAERA may make regulations in relation to enforcement of a requirement to provide information under paragraphs 10(1) and (2).
  10. Paragraph 15(6) provides that regulations under this paragraph are subject to the affirmative resolution procedure.
  11. The powers conferred on DAERA in Part 3 of Schedule 6 are very similar to the collection and data sharing powers conferred on the Secretary of State in Part 3 of the Act in relation to England.

Schedule 6, Part 4: Marketing standards and carcass classification

  1. Part 4 of Schedule 6 confers on DAERA powers in respect of marketing standards in Northern Ireland and carcass classification by slaughterhouses in Northern Ireland.
  2. Paragraph 16(1) provides that DAERA may make provision relating to marketing standards for agricultural products marketed in Northern Ireland. This includes the ability to amend or revoke the current marketing standards as set out in retained EU legislation and in domestic legislation, as well as the flexibility to introduce new standards that will be tailored to suit the domestic agricultural sectors.
  3. Paragraph 16(2) provides a non-exhaustive list of certain matters that the regulations may cover; for example, criteria such as appearance, the type of farming or production method and matters relating to storage and transport.
  4. Paragraph 16(3) provides that the regulations make may provision about enforcement and outlines some of the matters that may be covered (amongst other things), such as, for example, conferring powers of entry, creating summary offences and imposing monetary penalties. The list is non-exhaustive. This allows for the ability to amend or revoke the current marketing standards enforcement requirements to be replicated for any new standards which may be introduced, and for existing enforcement requirements to be amended as necessary.
  5. Paragraph 16(4) states that regulations made under paragraph 16 may not authorise entry to a private dwelling, without a warrant issued by a justice of the peace. "Private dwelling" is defined at section 51.
  6. Paragraph 16(5) provides that regulations made under this paragraph are subject to the affirmative resolution procedure.
  7. Paragraph 17(1) contains the list of agricultural products for which marketing standards may be made.
  8. Paragraph 17(3) provides that DAERA may make regulations to amend the list of products for which marketing standards may be set, by adding or removing a product from the list, or altering the description of a product.
  9. Paragraph 17(4) provides that regulations made under this paragraph are subject to the affirmative resolution procedure.
  10. Paragraph 18(1) confers powers on DAERA to make provision about the classification, identification and presentation of bovine, pig and sheep carcasses by slaughterhouses in Northern Ireland. This includes the ability to amend or revoke the current carcass classification rules as set out in retained EU legislation and in domestic legislation, as well as the flexibility to introduce new standards and rules that will be tailored to suit the domestic agricultural sectors.
  11. Paragraph 18(2) states that regulations made under paragraph 18(1) may include provision about enforcement and outlines some of the matters that may be covered (amongst other things), such as, for example, conferring powers of entry, creating summary offences and imposing monetary penalties. The list is non-exhaustive. This will allow for the current carcass classification enforcement requirements to be replicated for any new standards which may be introduced, and for existing enforcement requirements to be amended as necessary.
  12. Paragraph 18(3) states that regulations made under paragraph 18 may not authorise entry to a private dwelling, without a warrant issued by a justice of the peace. "Private dwelling" is defined at section 51.
  13. Paragraph 18(4) provides that regulations made under this paragraph are subject to the affirmative resolution procedure.
  14. The powers conferred on DAERA in Part 4 of Schedule 6 are very similar to the marketing standards and carcass classification powers conferred on the Secretary of State under Part 5 of the Act in respect of England.

Schedule 6, Part 5: Data protection

  1. Paragraph 19(1) applies to a duty or power to disclose or use information where the duty or power is imposed or conferred by or under any provision of Schedule 5. Paragraph 19(2) provides that any such power or duty does not operate to require or authorise the disclosure or use of information which would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the disclosure or use would contravene that legislation). Paragraph 19(3) defines "data protection legislation" for the purposes of this provision.
  2. Similar provision is made by section 49 in respect of Parts 1 to 6 of the Act.

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