Greenhouse Gas Emissions Trading Scheme (Amendment) (Extension to Maritime Activities) Order 2026

Debate between Baroness Butler-Sloss and Baroness Suttie

Thursday 12th March 2026 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, I too share the disquiet—without, I have to say, any knowledge of the subject—of most noble Lords who have spoken so far, but I, like others, will be voting so I have three questions for the Minister. First, what was said to the other House? Apparently, the other House was told that CBAM was irrelevant. Today we are told that CBAM is entirely relevant. Is it really appropriate for both Houses to have a statutory instrument put to them on different bases? I find that very unattractive.

Secondly, we are told that misinformation, or false information, has been given to other parts of the United Kingdom. That seems to me a serious allegation, one which the Minister needs to answer. Thirdly—I will not dwell on it, because it has been dwelt on—there is an obvious element of discrimination between Scotland and Northern Ireland. That really needs a sensible, understandable answer.

[Baroness Suttie (LD)]

My Lords, this has been a characteristically impassioned debate, which is perhaps not surprising given the subjects of EU alignment, devolution and greenhouse gas emissions. It is inevitable that people are going to feel very strongly about this subject. If the noble Lord, Lord Empey, expressed his concern for the Minister in trying to reply to this debate, I would add that it is slightly difficult, as the only Scot who has so far spoken in this debate. In well over two hours, I think I am only the fourth person to vaguely talk in favour of this statutory instrument. I thank the Minister for both his time, when he gave us a briefing, and his introduction to these regulations. I also thank the noble Baroness, Lady Hoey, for tabling this fatal amendment—even though we will not be supporting it—because it is incredibly important that we get the time to debate these matters.

As the noble Lord, Lord Dodds, said, it is incredibly important that this Parliament has a chance to debate these issues, not least because we are going to see an increasing number of them as we approach dynamic alignment with the European Union on ETS, as well as potential agreements on SPS and the electricity market. We have to find a way to allow this Chamber and those at the other end of the building to debate these things properly. I hope that the Government are giving some considerable thought to how effective parliamentary oversight on these matters can and will take place if and when these additional agreements are made later this year.

These regulations, it should be recalled, stem from regulations introduced by the Conservative Government in 2021 and the creation of the UK ETS following our departure from the EU ETS after Brexit. As these issues are devolved, they have had to be decided by the four parts of the United Kingdom. In answer to the noble and learned Baroness, Lady Butler-Sloss, I am the only Scot speaking here today, but it was the Scottish Government who effectively campaigned for the exemption for the Scottish islands. They are not my party, but they obviously campaigned very successfully on this matter. The noble Baroness, Lady Foster, who is no longer in her place, was right when she said that these regulations stem from regulations introduced in the Scottish Parliament in 2018.

It is important to note that these regulations were agreed last month by both the Scottish Parliament and the Welsh Senedd, and this week by the Northern Ireland Assembly, notwithstanding the comments from noble Lords about that process. It was voted for by the Northern Ireland Assembly by 44 votes to 23 this Tuesday. As I said, the noble Baroness, Lady Foster, was quite right. My understanding is that the exemption for Scottish ferries is not a general maritime exemption; it stems from the Islands (Scotland) Act 2018, which was passed by the Scottish Parliament eight years ago to protect specific lifeline services for small, isolated island communities. Clearly, protection for small island communities is very important. Will the Minister confirm that this Scottish exemption for island ferries will form part of the review in 2028? I feel it is important for us to know.

I also thank the Minister for clarifying that ferries to small island communities in Northern Ireland are already exempt from these regulations, as they do not involve vessels of over 5,000 cubic tonnes. As my noble friend Lord Russell clearly set out, we on these Benches strongly support measures to reduce the quantity of greenhouse gases produced by maritime activities, but we none the less believe that these must be accompanied by port upgrades or cleaner fuel infrastructure, as well as by encouraging innovation and economic development in a cleaner maritime sector. I note, in passing, that those who constantly oppose measures to reduce climate change never seem to factor in the cost of non-action. We also support the general principle of aligning as closely as possible with the EU ETS to minimise friction on trade.

It is important to bear in mind, however, the impact that other noble Lords have set out on the economy of Northern Ireland and on the cost of living in these increasingly challenging times for the global economy, not least in terms of energy because of the war in the Gulf. It is also important to allow a full and transparent review of how the scheme works in practice and to correct any unintended consequences once it is introduced later this year. Given that the Government’s own impact assessment states that Northern Ireland

“could face disproportionate administrative burdens”,

it is important that we continue to monitor the situation extremely closely. Can the Minister say whether they intend to give regular reports to this Parliament, as well as to the devolved parliaments, on how the regulations are working in practice once they are introduced? Can he confirm that they will continue to consult closely the maritime sector, businesses and consumer organisations?

As there is currently a distinct lack of viable low-carbon alternatives for many maritime routes serving Northern Ireland, have the Government carried out any analysis regarding the extent to which additional ETS-related costs could be passed on to consumers by shipping operators and retailers? The EU ETS currently covers 50% of emissions from international voyages starting or ending in an EU member state, which, for example, currently includes container ships travelling from GB to the Republic of Ireland. It is therefore welcome that there is a 50% deduction for GB-NI routes, as it provides for a level playing field with Irish ports. However, if and when there is increasing—or indeed eventually full—alignment with the EU ETS, can the Minister say whether he expects this 50% deduction for both the Republic of Ireland and GB-NI routes to be removed? I appreciate that might be a rather complicated question, but I would very much appreciate his answer. Can he also say what measures the Government intend to put in place to avoid a cliff edge following the review of these regulations in 2028?

In conclusion, we support these regulations as we welcome the move towards greater alignment with the EU ETS, and we do not support either the regret amendment or the fatal amendment. None the less, we recognise the need for proportionality as well as strong transitional and review measures. I look forward to hearing the Minister’s reply.

Illegal Migration Bill

Debate between Baroness Butler-Sloss and Baroness Suttie

Committee stage
Wednesday 24th May 2023 Lords Chamber

[Baroness Suttie (LD)]

My Lords, I will speak to Amendment 12, tabled by the noble Baroness, Lady Ritchie of Downpatrick, to which I have added my name. A very similar amendment was tabled in the House of Commons by my honourable friend Stephen Farry MP. Unfortunately, the noble Baroness, Lady Ritchie, is unable to be present this evening, as she is in Brussels on a delegation, so she has asked me to speak to the amendment in her absence.

As the Minister knows, we had a debate along very similar lines yesterday evening on a regret Motion on the requirement for an electronic travel authorisation and the potential impact on tourism in Northern Ireland. Amendment 12 is primarily a probing amendment that would seek to exempt from Clause 2 of the Bill people crossing the border from the Republic of Ireland to Northern Ireland. I will highlight two particular concerns about Clause 2, as it affects the land border on the island of Ireland.

The first is the enforcement of the provisions contained under Clause 2. The issue of who decides whom to check and on what basis, given that routine immigration checks across the land border on the island of Ireland do not happen, is an area of very grave concern. Maintaining the freedom to travel north-south without restrictions remains a key element of the peace process, and any changes to this could constitute a breach of the Good Friday/Belfast agreement. The Government have confirmed—and it was reconfirmed last night by the Minister—that Irish citizens will be exempt from the need to apply for an ETA when travelling to Northern Ireland. However, there remains a considerable amount of legal ambiguity for residents in the Republic of Ireland who come from a third country whose citizens currently require a visa to enter the UK and therefore Northern Ireland.

During the debate on this issue in the House of Commons, examples were raised about the impact of Clause 2 on individuals legally resident in Ireland who cross the land border from Ireland to Northern Ireland, perhaps to visit friends or to go shopping, but who have not applied for an ETA. During the debate yesterday evening on the introduction of an ETA, the Minister—the noble Lord, Lord Murray—said that,

“those who are legally resident in Ireland may instead, if required by a UK immigration official, present physical evidence that demonstrates their legal residence in Ireland”.

He added that the Home Office would publish guidance in July on what would be considered as acceptable evidence. Therefore, following his statement yesterday, will the Minister tell us what the consultation process will be in advance of publishing this guidance? Will there be an information campaign to ensure that people are aware of these requirements? He will, I hope, be aware of the sensitivities of requiring people to carry official documentation when there is supposed to be unrestricted north-south travel.

During yesterday evening’s debate, the Minister said that

“prosecutions for illegal entry offences will focus on egregious cases and not accidental errors”.—[Official Report, 23/5/23, col. 836.]

Can he say whether it is the Government’s intention to publish guidance on what is likely to be defined as an egregious case? Perhaps most importantly, what assurances can he give that random checks by UK immigration officials will not result in the creation of a border on the island of Ireland by stealth?

My second area of concern is the potential risk of racial profiling resulting from these random checks. Migrant-led organisations such as the North West Migrants Forum have been raising concerns about the impact of visa requirements on the land border on the island of Ireland. They have highlighted the disproportionate impacts on black and minority ethnic, and migrant, people. Clause 2 risks exacerbating these issues and further hardening the border on the island of Ireland for some communities. The Minister will know that, in response to these concerns, Alyson Kilpatrick, the chief commissioner of the Northern Ireland Human Rights Commission, has called for all journeys into Northern Ireland originating from Ireland to be exempt from the ETA provisions in the Bill. Can the Minister say what measures will be put in place to prevent racial profiling as a result of random checks and, in particular, what steps the Home Office will take to ensure proper training of UK immigration staff in monitoring these random checks?

Finally, can the Minister clarify whether non-visa nationals entering Northern Ireland and the UK from the Republic of Ireland without an ETA will impact the validity of deemed leave, as set out under Article 4 of the Immigration (Control of Entry through Republic of Ireland) Order 1972? If he does not know the answer to that one immediately, I will be happy to receive a letter if it could be placed in the Library.

[Baroness Butler-Sloss (CB)]

My Lords, I ought to apologise to the Committee. I failed to say that I was unable to speak at Second Reading; I listened to a great deal of it, but I had a commitment that I could not avoid. I also should have announced earlier that I am co-chair of the All-Party Parliamentary Group on Human Trafficking and Modern Slavery and a vice-chairman of the Human Trafficking Foundation.

I totally support Amendment 6. The retrospective effect is shocking but it has been dealt with by other people, so I will move to two other amendments that I am very anxious to say something about.

There is a mantra about the best interests of children. It has, rightly, been followed throughout the United Kingdom for many years. It originates in the UN Convention on the Rights of the Child, as has already been referred to. It is also incorporated in the Children Act 1989, in which I was very much involved. Consequently, the clauses in the Bill—not just the one with which we are dealing, Clause 2—are utterly shocking in their derogation from the best rights of the child.

It is truly worrying that this is happening. Clause 2 specifically includes, of course, children and the ability to remove them. Part of Clause 2 includes the possibility of children not being included, but it leaves it to the Secretary of State as to when to exercise that discretion. I am extremely concerned about this. It is not only in Clause 2; it arises in other clauses which I will speak about later, so I will not refer to them now.

The other two proposals that I am concerned about are dealt with in Amendments 9 and 11. I very much support Amendment 9, for the obvious reasons of its connection with children. Indeed, what has been proposed by the noble Baronesses, Lady Hamwee and Lady Bakewell, about Clause 2, at page 3 on line 39, is replicated later in an amendment that I have put down.

I am also very concerned about Amendment 11. If one just thinks with a bit of reality about the Bill, one really important thing which is utterly underused is the prosecution of the perpetrators—not the people smugglers but the trafficking smugglers who are bringing in people for wicked purposes. If you are going to require a person who has been abused or exploited by a trafficker to go to Rwanda, and to give evidence from Rwanda, who on earth in their senses will be bothered to give evidence to help a prosecution in England if they are stuck in Rwanda? It is just not feasible.