Applicability motions ‘will help prevent regulatory barriers post-Brexit’

The applicability motion mechanism will help prevent potential regulatory barriers emerging between Northern Ireland and Great Britain, Stormont deputy First Minister Emma Little-Pengelly has said.

The region effectively remains within the European Union (EU) in terms of legislation while the rest of the United Kingdom (UK) left following the Brexit vote.

However under the terms of the Windsor Framework there are mechanisms to scrutinise the introduction of new EU law in Northern Ireland.

I think it's important that we do maximise the time that we have to take a look at whether or not the First Minister and I should lay down an applicability motion, and then if that is not the case then in terms of informing other members in relation to maybe them wanting to do so

Earlier this month, Ms Little-Pengelly and First Minister Michelle O’Neill jointly took their first applicability motion around a new law around organic pet food.

Asked about the move during Assembly questions for the Executive Office on Monday, Ms Little-Pengelly said applicability motions ensure there is “appropriate democratic scrutiny”, and an option to take a look at new laws.

She said when notifications are received proposing the addition of a new EU Act, there is a two-week period when she, acting jointly with Ms O’Neill, can table an applicability motion.

Ms Little-Pengelly told MLAs: “This is only the second proposal that we’ve had which would be subject to the applicability motion mechanism.

“We have raised some concerns of how the proposal came in over the course of the Easter weekend and into recess.

“I think it’s important that we do maximise the time that we have to take a look at whether or not the First Minister and I should lay down an applicability motion, and then if that is not the case then in terms of informing other members in relation to maybe them wanting to do so.

“I think we need to be careful around the timescales of this and to be fully informed but I think the work will be essential because many of these issues will be very technical and we will need to know very quickly whether or not new regulatory barriers may be created by these proposals.”

She added: “In this case the rest of the United Kingdom had already lowered the requirements around the ingredients to 95% to be labelled organic pet food, and this regulation would propose that the rest of the European Union would do likewise.

“If we did not set down this applicability motion and indicate we want this to be applied, and this was not applied, this would leave Northern Ireland as the only place in this United Kingdom where it would require 100% of content before it could be labelled.

“So it is a technical proposal but it is one to ensure that we do not create regulatory barriers within this United Kingdom or north/south.”