Windsor Framework Implementation Regulations

Thursday 21st March 2024 Written Statements

[The Minister of State, Northern Ireland Office (Mr Steve Baker)]

The Government have today laid the Windsor Framework (Implementation) Regulations 2024. The regulations will enable the Government to give direction to Northern Ireland Departments when delivering aspects of the Windsor framework and the commitments made in the “Safeguarding the Union” Command Paper. These include the requirement to eliminate any physical checks when goods move within the UK internal market system, except those conducted by UK authorities and required as part of a risk-based or intelligence-led approach to tackling criminality, abuse of the scheme, smuggling and disease risks. These regulations will come into force on 12 April 2024. The Government will publish guidance and set out initial directions to fulfil its commitments swiftly thereafter.

The Government first briefed the political parties in Northern Ireland on our intention to take forward such legislation last September, building on the powers taken in January 2023 to deliver sanitary and phytosanitary facilities for goods going to the EU through the “red lane”. This approach reflects the fact that these are obligations which arose from an agreement reached by the Government, and which ultimately fall to the Government to uphold. It would not be appropriate to leave them solely to the Northern Ireland Executive to discharge. We have worked closely with the DAERA Minister and his officials to ensure that this is a targeted and specific approach. We are grateful for the close working and can confirm that the guidance that will be published pursuant to the regulations will ensure that only a targeted subset of agri-food matters focused on the movement of goods from GB-NI will be subject to the Secretary of State direction and control powers.

This is the latest step in fulfilling the Government’s commitments made in “Safeguarding the Union”, which led to the subsequent restoration of the devolved institutions in Northern Ireland. The Government have taken steps to ensure the swift delivery of commitments made in the command paper, and we remain focused on taking forward the remaining provisions as quickly as possible:

The Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024 are now in force affirming Northern Ireland’s place in the Union, prohibiting the agreement of any new protocol, and amending section 7A to underline that its operation is properly subject to democratic consent and scrutiny through the mechanisms that the Windsor Framework establishes. They require that a Minister in charge of a Bill must assess whether or not that Bill has an impact on trade between Great Britain and Northern Ireland and make provision in law to ensure that an independent review following this year’s democratic consent vote proceeds swiftly and its report is considered fully.

The Windsor Framework (Unfettered Access and Internal Market) Regulations 2024 are also now in force, strengthening and future-proofing unfettered access for Northern Ireland to the rest of the UK’s internal market. The regulations establish the legal basis for robust statutory guidance to public authorities on recognising the importance of Northern Ireland’s place within the United Kingdom and its internal market, and concentrate the benefits of unfettered access on Northern Ireland businesses.

The East-West Council will meet on 26 March to discuss a range of proposals to boost investment and skills.

Working groups on veterinary medicines and horticulture will have met by the end of the month.

We will shortly publish further guidance on medicines to help enable around 9,400 medicines currently on GB licences to be licensed on a UK-wide basis from 1 January 2025.

The Government will shortly be issuing statutory guidance on how public authorities must have regard to the importance of Northern Ireland’s place in the UK’s internal market when implementing the Windsor framework.

The Government will also continue to promote, support and defend the significant benefits that dual market access provides to Northern Ireland. For example, we have made clear that we absolutely reject calls by those who oppose devolved government to ban the movement of live animals from Northern Ireland. That would have ended the movement of an estimated around 3,500 cattle, 17,000 pigs and 337,000 sheep to Ireland in 2022, and would represent a devastating blow to farming communities across Northern Ireland. We have offered to establish a sectoral round table to consider analysis on the impact of the proposed trade ban, consistent with our wider approach on establishing working groups on veterinary medicines and horticulture, but this invitation has not to date been taken up by any of those proposing the ban.

The Government will remain focused in our efforts to fulfil the full range of commitments made, so as to safeguard the Union and build a brighter and even more prosperous future for Northern Ireland as part of it in the time ahead.

[HCWS364]