delete The Plant Health (Northern Ireland) (Amendment) Regulations 2019
These Regulations amend the Plant Health Order (Northern Ireland) 2018 to implement EU Directives 2007/33/EC, 93/85/EEC, and 98/57/EC regarding potato pests (Potato cyst nematodes, Potato ring rot, and Potato brown rot). Key changes include: converting discretionary inspector powers to mandatory duties ('may' to 'must'), adding official investigation and survey requirements, establishing demarcation zone procedures, imposing movement controls on infested/contaminated material, and requiring official testing and record-keeping. The Regulations came into force immediately before Brexit exit day.
This is a retained EU law enacted via statutory instrument immediately before Brexit with no democratic scrutiny. While plant health protection is a legitimate objective, this regulation imposes mandatory inspector obligations, official survey requirements, and movement restrictions that add compliance costs to Northern Ireland's potato sector without evidence of market failure justifying government intervention. The EU Directives it implements (2007/33/EC, 93/85/EEC, 98/57/EC) were never evaluated for cost-effectiveness. Post-Brexit, Britain has the opportunity to develop proportionate, evidence-based plant health standards rather than preserving unmodified EU rules that may gold-plate requirements and burden agricultural businesses with bureaucratic procedures whose benefits could be achieved through less restrictive means such as industry self-regulation, voluntary certification schemes, or private quality assurance.