88 Baroness Ritchie of Downpatrick debates involving the Cabinet Office

Fri 25th Jun 2021
Fri 12th Mar 2021
Wed 3rd Mar 2021
Financial Services Bill
Grand Committee

Committee stage & Lords Hansard
Mon 22nd Feb 2021
Ministerial and other Maternity Allowances Bill
Lords Chamber

2nd reading (Hansard) & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 2nd reading
Thu 28th Jan 2021
Financial Services Bill
Lords Chamber

2nd reading (Hansard) & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 2nd reading
Wed 16th Dec 2020
Taxation (Post-transition Period) Bill
Lords Chamber

2nd reading (Hansard) & Committee negatived (Hansard) & 3rd reading (Hansard) & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard) & Committee negatived (Hansard): House of Lords & 2nd reading & Committee negatived & 3rd reading

Protocol on Ireland/Northern Ireland (EUC Report)

Baroness Ritchie of Downpatrick Excerpts
Monday 13th September 2021

(3 years, 3 months ago)

Grand Committee
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Baroness Ritchie of Downpatrick Portrait Baroness Ritchie of Downpatrick (Non-Afl)
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My Lords, it was my pleasure to be a member of the Sub-Committee on the Protocol on Ireland/Northern Ireland, under the direction and chairmanship of the noble Lord, Lord Jay of Ewelme. I acknowledge the work of our staff, led by Stuart Stoner, because they have undertaken sterling work on our behalf. I also acknowledge the noble Earl, Lord Kinnoull, the chair of the parent committee, because the noble Lord, Lord Caine, and I went to that committee along with our chair to find if it would approve our consensus report. I am very glad to say that happened.

I am pleased that the Minister is present today and I hope that he will be able to give details of the timeframe for discussions with the EU on the protocol. I hope that these discussions will lead to solutions and provide for much-needed political and economic stability in Northern Ireland while, at the same time, ensuring that the people, communities and businesses can avail themselves of the unique opportunities and benefits of the protocol, because there are benefits: being able to trade in the UK internal market and the EU single market.

I devote my remarks to our committee’s report. I believe it should form the basis of future inquiries, including examinations of the Government’s Command Paper, which came out a number of days prior to the publication of our own report in late July, the EU’s response to that Command Paper, the ongoing discussions between the UK and EU, the way forward and subsequent political and economic developments since July 2021 up until today. Our committee contains members from different political perspectives on Brexit, the protocol and the constitutional issue. There are three of us from Northern Ireland who all served together on the Northern Ireland Executive as Government Ministers, but we come from different political perspectives. I come from a Democratic Irish Nationalist background, while the noble Lords, Lord Empey and Lord Dodds, come from a Unionist perspective, but I believe there is beauty in diversity. There are benefits in diversity. I hope that the necessary solutions to the protocol can be found in those diverse perspectives.

I campaigned to remain within the EU and feel that the root cause of the current economic and political problems lies with Brexit and particularly the hard Brexit that the Government sought, and which some elements of Unionism also sought. I believe the protocol is a practical solution to a difficult issue: to prevent a hard border on the island of Ireland. I am also opposed to any other border in the Irish Sea or anywhere else, as are my political colleagues. As we have said, on numerous occasions, borders create impediments, they create barriers and they do not lend themselves to solutions. It is important that a solution is finally found to all this.

Unfortunately Brexit and the protocol are also aligned with political identities and the constitutional issue in Northern Ireland and Ireland. Bearing in mind the political statements of the past few weeks, it is not a binary choice between the protocol and collapsing political institutions and withdrawing from north/south bodies and the North/South Ministerial Council, as suggested by the leader of the DUP. It is not the protocol versus devolution. The issue is recognition of the reality that Northern Ireland needs a bespoke and unique post-Brexit solution to trade and normal relationships because of our unique geographical position on the island of Ireland and the nature of our politics, whether we are from a unionist or nationalist perspective. That fact was recognised by the former First and Deputy First Ministers in a letter to the former Prime Minister in August 2016. Devolution cannot be sacrificed because some parties choose to put their narrow self-interest above the interest of our communities.

A point highlighted by Professor Hayward in her recent paper is that Northern Ireland business representatives do not want a cancellation of the protocol. The Minister should take heed of that. What they have been requesting since before the end of the transition period is certainty, stability and clarity of procedures. They complain about the complexities of the situation. Our report reflected that position and the difficulties and challenges that the business community have faced. There are those who think that there are benefits in the protocol, and Manufacturing NI referred to the increased opportunities for inward investment. None of us should gainsay that fact.

Our committee also concluded that the EU and the UK

“have a continuing obligation to consider alternatives”

to the protocol and

“an equal obligation on all sides to find resolutions within the Protocol.”

Of course, we also referred to the fact that proposed solutions have to prove how they can be compliant with the Belfast/Good Friday agreement. In our view, technical solutions to

“ease some of the burden of the Protocol’s practical operation can be found, as long as there is goodwill and flexibility on all sides”.

We concluded that like the negotiations, which have already been referred to by the noble Lord, Lord Jay of Ewelme, which culminated in the Belfast/Good Friday agreement,

“time, patience, dialogue and most of all trust”

need to be applied to addressing the problems that Brexit and the protocol present for Northern Ireland. As our committee declared, rather than taking unilateral action, it would be

“preferable for the UK and the EU … urgently to identify mutually agreeable solutions”.

Those are the words that I heard coming back to me last week from Vice-President Šefčovič. He talked about not wanting a victory, but to listen, understand and try to provide solutions. I hope that that is the way forward and that the UK and the EU can find solutions to the protocol within the protocol that will provide a solution to the business problems that have been encountered and which do not wreck our existing political institutions.

I urge those who have indicated that they wish to walk away from those institutions that there is far too much work to be done in Northern Ireland, in terms of the Executive, the Assembly and the north-south bodies, in terms of the current pandemic, in terms of the climate emergency and in terms of the plethora of other legislation that has to go through before the Assembly elections in May of next year. Can the Minister tell us about the progress of those discussions and say how far down the road we are to finding solutions? Let us always remember that there is beauty and benefit in the diverse views that have been presented today. Let us hope that that helps provide solutions that also address the democratic deficit and allow Assembly Members a greater say in how the protocol is effected and is worked out in terms of the wider community and businesses in Northern Ireland.

Northern Ireland Protocol

Baroness Ritchie of Downpatrick Excerpts
Wednesday 21st July 2021

(3 years, 4 months ago)

Lords Chamber
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Lord Frost Portrait Lord Frost (Con)
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I thank my noble friend for his comments. He is obviously correct in saying the place of Northern Ireland in the United Kingdom, in the single market, in the customs territory, is protected on the face of the protocol and is absolutely fundamental. It is the doubts that have been allowed to develop on that subject that are part of the reason we face the situation we face today.

Baroness Ritchie of Downpatrick Portrait Baroness Ritchie of Downpatrick (Non-Afl) [V]
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My Lords, in light of the absence of trust caused by the original internal market Bill last September and the unilateral extensions of grace periods in March, how confident is the Minister that the EU will have the appetite to consider such a fundamental departure from the protocol in terms of Article 5? After all, the UK Government negotiated, agreed and ratified the protocol.

Ireland/Northern Ireland Protocol

Baroness Ritchie of Downpatrick Excerpts
Thursday 15th July 2021

(3 years, 5 months ago)

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Asked by
Baroness Ritchie of Downpatrick Portrait Baroness Ritchie of Downpatrick
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To ask the Minister of State at the Cabinet Office (Lord Frost) what steps Her Majesty’s Government will take to promote the benefits and opportunities of the Protocol on Ireland/Northern Ireland.

Lord Frost Portrait The Minister of State, Cabinet Office (Lord Frost) (Con)
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My Lords, I have spoken to many businesses and business organisations in Northern Ireland about this issue. The reality is that Northern Ireland’s economic links are overwhelmingly with the rest of the UK, rather than with Ireland or other EU members. The way that the protocol is currently operating means that any economic benefits it may generate for some are more than counterbalanced in general by the barriers it currently creates between Northern Ireland and Great Britain.

Baroness Ritchie of Downpatrick Portrait Baroness Ritchie of Downpatrick (Non-Afl) [V]
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Has the Minister met the new Minister for the Economy in Northern Ireland, Invest NI and other promotional agencies, including the Northern Ireland chamber of commerce, and, if not, when will he meet them? Is he aware that in its latest quarterly review, the Northern Ireland chamber of commerce said that 67% of its members believed that

“Northern Ireland’s unique status post EU Exit presents opportunities for the region”

and that 47% believe that

“Northern Ireland’s trading status will present benefits for their business”?

That includes Northern Ireland biggest wine wholesaler, which said in today’s newspaper that business has grown exponentially due to the new trading arrangements.

Lord Frost Portrait Lord Frost (Con)
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My Lords, I have not yet had the pleasure of meeting the new Economy Minister in Northern Ireland, although I expect to do so soon. To be fair, there is a range of opinion on the benefits of the protocol, even in the business community in Northern Ireland. All I can say is that I do not think I have spoken to a representative of that community who has not expressed some concern about the barriers that are placed on movement of goods between Great Britain and Northern Ireland. The degree of concern may vary, but it is always there, and it is a matter of significant concern to us, too.

Wellbeing of Future Generations Bill [HL]

Baroness Ritchie of Downpatrick Excerpts
Baroness Ritchie of Downpatrick Portrait Baroness Ritchie of Downpatrick (Non-Afl) [V]
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My Lords, it is a pleasure to follow the noble Lord, Lord Browne of Ladyton. I commend the noble Lord, Lord Bird, on introducing and sponsoring this all-embracing Bill, which will, if implemented, have far-reaching consequences for the well-being of future generations. I agree with the noble Lord that we do not want the future to be put off. We want an emphasis on the well-being of future generations, and to look at the causes, not the symptoms.

I believe that this comprehensive piece of legislation, which is worthy of our support, encourages a more joined-up approach between government departments. How much the enactment of this legislation, with all its many functions, is required now as we emerge from the Covid-19 pandemic. My noble friend Lord Browne referred to the fragility of our society politically, economically and socially. In fact, even before the pandemic we required this type of legislation which looks at the well-being of future generations. I urge the Government not to set their face against it and to respond to its contents positively through support and rugged determination to show that they are willing to act now to deal with all the challenges facing our society and communities as central and local government and devolved Administrations face the ongoing consequences from Covid. Those include the capacity of the NHS, the ability and capacity of the economy to recover from the downturn brought about by business closures and furlough, the opening up of different types of businesses, people forced to work from home, and the climate emergency, food hunger and food insecurity. In considering those various facets, is it not time that our policy-making took on a different approach, a different way of thinking and a different methodology of implementation? Therefore, we should be looking at the well-being of future generations. I note that the noble Lord, Lord Bird, said on an earlier Private Member’s Bill with a similar aim:

“There is a growing consensus that it is time to shift to a longer-term, preventative approach to policymaking. This involves adopting new ways of thinking, planning, and budgeting to ensure that the needs of future generations are respected and taken into account at all levels of government.”


In his submission today, the noble Lord, Lord Bird, encapsulated that viewpoint. I fully support the Bill and hope that the Government see fit to support it too.

Budget Statement

Baroness Ritchie of Downpatrick Excerpts
Friday 12th March 2021

(3 years, 9 months ago)

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Baroness Ritchie of Downpatrick Portrait Baroness Ritchie of Downpatrick (Non-Afl) [V]
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My Lords, I congratulate the noble Lords who will make their maiden speeches today.

The Chancellor said that the Government had

“a real commitment to green growth”—[Official Report, Commons, 3/3/21; col. 258.]

but, overall, policies to tackle the causes of climate change and biodiversity loss did not get a lot of attention in the Budget. The Government have confirmed plans to deliver the “green industrial revolution” outlined in their 10-point plan, but there is a need for much greater action to put the UK on a net zero plan. Is the Treasury signed up or not to the environmental statement that we received this week from the noble Lord with responsibility for the environment? 

There was no mention in the Budget of the status of the green homes grant, whose future remains uncertain. This would be important for the construction industry, which has a multiplier effect on the economy. The Government said last year that this was their flagship scheme, but Ministers have stated that it needs improving and there has been a shortage of accredited contractors to carry out the works. It is well known that emissions reductions are more beneficial in stopping climate change the earlier we do it, so, with this in mind, will the Minister give a dedicated commitment to your Lordships’ House today to back this grant and make it a permanent feature until 2030? Only this will provide the certainty that the sector needs to invest in green jobs. 

Finally, the circular economy did not form part of the Budget, suggesting that the Treasury does not recognise the important impact that better use of resources could have on cutting carbon, creating jobs and improving business productivity. Can the Minister elaborate on this and indicate the Government’s intentions?

Financial Services Bill

Baroness Ritchie of Downpatrick Excerpts
Baroness Ritchie of Downpatrick Portrait Baroness Ritchie of Downpatrick (Non-Afl) [V]
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My Lords, I am delighted to follow the noble Baroness, Lady Morgan, in this debate on this group of amendments. I shall make particular reference to Amendments 52 and 67, introduced by the noble Baroness, Lady Coussins, and spoken to already by various noble Lords.

Clause 34 gives the Government powers to introduce a statutory debt repayment plan scheme, which is very welcome and which other noble Lords have already endorsed. It will significantly improve the protections offered to people in debt, who will be able to repay what they owe but over a longer timeframe. Like many noble Lords, I have received a briefing from the Money Advice Trust, which would like the Government to commit to a firm timetable for the scheme’s introduction. Hence, I support Amendment 52, which is a tidying-up amendment, and Amendment 67, which provides a timetable.

Amendment 52 and 67, tabled by the noble Baronesses, Lady Coussins and Lady Morgan, and the noble Lord, Lord Rooker, and spoken to by the noble Lord, Lord Holmes, would put a timetable for the introduction of statutory debt repayment plans in the Bill. The pandemic will have accentuated debt problems faced by businesses in the small to medium-sized sectors as well as by many individuals who are facing unemployment, the true number of whom will not be revealed until furlough ends. The noble Baroness, Lady Coussins, referred to the number of people—3.8 million, I think—who have missed payments during the pandemic. In fact, 3.2 million people struggle to make ends meet. Those are unacceptable, but realistic, figures that all of us must address, particularly the Government. It is vital that a scheme is put in place with a definitive timetable to enable debt repayment plans.

It is important that the Minister demonstrates support for these amendments and other amendments in this group which would add a requirement to the Bill that statutory debt repayment plans come into force, as per Amendment 67, by 1 May 2024 at the latest. That would provide time to develop and pass regulations and to set up the required systems and infrastructure to deliver the scheme while ensuring that introducing it remained a clear priority for the Treasury. I urge the Minister to set out a clear timetable today and to indicate that the Government will accept these amendments. Will he now commit to adding a timeframe for their introduction to the Bill, with the Covid-19 crisis producing so many financial challenges for people? As we heard earlier, many of those people have been subjected to sharks, moneylenders and tricksters, as the noble Lord, Lord Holmes, referred to. Ordinary people who find themselves in debt and find it difficult to repay it must be protected, and the best way to do that is to provide that date in the legislation. I know many people have faced financial challenges, so I ask the Minister to assure the Committee that introducing statutory debt repayment plans will remain an absolute priority for the Treasury, accompanied by the date of 1 May 2024.

Baroness Meacher Portrait Baroness Meacher (CB) [V]
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My Lords, along with StepChange and many others working in the debt field, I welcome Clause 34, which I hope will provide some support and protection for vulnerable people with problem debts. I also very much welcome the amendments in the names of the noble Baronesses, Lady Coussins and Lady Morgan. I will not speak to those amendments, because all the main points have been extremely well made by the two Baronesses. However, I have the permission of the Government Whips Office—

Ministerial and other Maternity Allowances Bill

Baroness Ritchie of Downpatrick Excerpts
2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 22nd February 2021

(3 years, 9 months ago)

Lords Chamber
Read Full debate Ministerial and other Maternity Allowances Act 2021 View all Ministerial and other Maternity Allowances Act 2021 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 172-I Marshalled list for Committee - (22 Feb 2021)
Baroness Ritchie of Downpatrick Portrait Baroness Ritchie of Downpatrick (Non-Afl) [V]
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My Lords, I thank the Minister for providing the background to this short piece of legislation, and I wish the Attorney-General well with her pregnancy leave and her confinement.

There has been striking unanimity during this debate, and at the end of a long list of speakers certain themes have emerged, such as language and whether it is better to use the word “person” or “woman”. In my view, it is women who give birth, so I favour the use of the word “woman”. But I want to be clear that I am not opposed to other gender-specific areas.

Other issues were raised, and it became evident that the Bill is seen to be narrow in focus and needs to be widened. Therefore, there is an opportunity for the Minister, when he comes back later this week, to bring forward amendments to widen the scope of this Bill.

Notwithstanding that, I support this Bill, because the Government are addressing the realities of wider society. Many people in senior responsible positions are women, and the Government are helping to ensure public life is being made more accessible. It is a fundamental right to take time off to have a baby, and it is important there is financial protection to celebrate motherhood.

I support the general thrust of the legislation as a first step towards addressing working conditions for women in Parliament. It does, however, miss an opportunity to address pay and working conditions for ordinary women who earn low incomes and are forced to work long hours in advance of pregnancy and, often, to return to work a short period of time after the birth, endangering their health and preventing a proper early bonding relationship with their child. That issue requires urgent attention. As my noble friend Lord Hain said, in Covid conditions such situations become that bit more acute. So I would like to hear from the Minister how he and the Government intend to address these issues for all working women who face motherhood.

Because Ministers and their opposition numbers are appointed, there is not security of tenure in the employment, and they should be financially protected, and theirs jobs secure, during their pregnancy leave. The provisions in the Bill mean that Ministers and those holding principal opposition offices will not have to resign, and they create a discretionary power for the Prime Minister and the leader of the Opposition in the relevant House to grant certain office holders six months’ maternity leave. But it is important that this is extended to women MPs and MPs on paternity leave, shared parental leave and adoption leave—to widen the scope and remit of provisions of this Bill. I look forward to the Minister addressing these issues.

Both the Minister and Penny Mordaunt, who introduced the Bill in the other place, said the Government would bring forward proposals to address outstanding parental leave issues. When will this happen? What will be the extent and remit of such proposals? Will they be subject to legislative provision? Reference has been made to the fact that discussions have taken place regarding this matter. With whom, and for how long, have they been going on? Do they involve the Lords? Do they include provisions for maternity leave entitlement or for those seeking to adopt or those on shared parental leave? Will the new provisions include the need for the Government to strengthen the employment rights of pregnant women and new parents across the UK? Will it also include redundancy protection for pregnant women and new mothers?

The noble Baroness, Lady Brinton, referred to bereavement leave. I think that is a particularly important issue, and maybe the Minister could advise us on that. There is also the need to focus on: the wholly inadequate levels of maternity allowance and statutory maternity pay; the lack of employment protection for women on maternity leave; and the low level of take-up of parental leave by fathers because many cannot afford to take it.

I am happy to support the provisions in this Bill, as far as it goes. But I believe the remit and the strength of this Bill will be in the Minister bringing forward government amendments to widen the scope of the Bill to ensure it covers a wider spectrum of women.

Financial Services Bill

Baroness Ritchie of Downpatrick Excerpts
2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Thursday 28th January 2021

(3 years, 10 months ago)

Lords Chamber
Read Full debate Financial Services Bill 2019-21 View all Financial Services Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 13 January 2021 - (13 Jan 2021)
Baroness Ritchie of Downpatrick Portrait Baroness Ritchie of Downpatrick (Non-Afl) [V]
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My Lords, I take this opportunity to congratulate the two new Members of your Lordships’ House, the noble Lord, Lord Hammond of Runnymede, and the noble Baroness, Lady Shafik, on their excellent and thought-provoking maiden speeches.

Undoubtedly, the financial services sector is important to the City of London and to the UK. It is very much the engine that drives our economy. In the post-Brexit situation—I hasten to add that I did not favour or want Brexit—we need economic and financial stability and a strong means of financial regulation. That must be accompanied by consumer protection. I note that the Bill contains a new regulatory regime for investment firms, and thus provides the Financial Conduct Authority with additional powers to set rules for such firms, while also containing measures to make the FCA much more accountable.

One area I want to concentrate on—other noble Lords have referred to it this evening—is economic crime. We have all heard stories about individuals who have been fleeced by investment companies that were not properly registered, and therefore could not get the money they invested returned to them when problems occurred. Will the Minister and his colleagues bring forward amendments containing retrospective powers to help such individuals and ensure that such effective financial scams, otherwise known as economic crime, cannot happen in the future? I shall also refer to two other issues about protecting individuals, in relation to credit services and our environment.

I have been advised about some individuals in the UK who have invested money—pension funds—in Dolphin Trust, now known as the German Property Group. This organisation had its UK office in Hanover. It was an unregulated property investment scheme. Apparently, this company was supposed to use investors’ money to revamp derelict buildings in Germany into apartment blocks. Then, after several years, investors would receive their money back with a hefty interest rate. They were told to invest in this company and that it was safe to do so because their money was aligned to a certain property so they would not lose out. I have talked to one family who did this and they have lost everything. There are over 1,300 individuals, throughout the UK, owed in excess of £165 million. Problems emerged when they found out that the properties did not exist, and the company was not even registered.

Will the Minister indicate whether the new regulatory regime for investment firms will prevent such actions happening? I doubt that it will. Will the new legislation have retrospective powers to ensure that companies such as the German Property Group are held legally and financially accountable to their investors for the malfeasances that have occurred? What protections can be offered by the FCA under the new provisions in terms of capital levels, liquidity, risk management processes and governance arrangements?

Other areas addressed in the other place included the need to ensure that buy now, pay later credit services are brought into the scope of the Financial Conduct Authority to protect people from spending more than they can afford. Many people in this net take out further debt to repay the initial credit. What legislative consumer protection can be afforded to these individuals? Will the Minister bring forward amendments in your Lordships’ House to that effect?

I am of the firm belief that the Financial Conduct Authority should have regard to the UK’s target of reaching net zero greenhouse gas emissions by 2050, particularly in the year when the UK will chair COP 26. This would help to support the overarching goal of a green economy and financial sector. I note that the Minister in the other place stated that climate change is an issue to which the regulator should have regard. What, therefore, is the Government’s exact position and what is their timeframe for bringing forward legislative change in this regard? Will they do it now, through amendments? If not, I know that other noble Lords will do so, and I will support them.

EU-UK Trade and Cooperation Agreement

Baroness Ritchie of Downpatrick Excerpts
Friday 8th January 2021

(3 years, 11 months ago)

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Baroness Ritchie of Downpatrick Portrait Baroness Ritchie of Downpatrick (Non-Afl) [V]
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My Lords, I take this opportunity to look at the agreement as it intersects with the Northern Ireland/Ireland protocol. Undoubtedly, the agreement is very complicated and it will take a long time to work out the processes, but I say to the Minister that there have already been teething problems with food supplies from the large supermarkets in Britain to Northern Ireland and those processes need to be simplified. Apparently, there were problems last week caused by issues at the port of Dover.

There are four overriding concerns for Northern Ireland as they bear down on the TCA and the protocol, and I would like the Minister to address them in his wind-up. How will the evolution of the TCA be connected to that of the protocol? How will the governance of the protocol, including its unique institutions for that purpose, be linked into relevant areas of governance for the agreement—for example, in the specialised committees for SPS measures? How will the British/Irish and north/south strands work to develop substantive and serious bilateral arrangements to meet the gaps in the agreement and the common travel area? When the real impact of Brexit takes effect in Britain and the EU, how much care and flexibility will either of them be prepared to show the small but fragile region of Northern Ireland, on the periphery of both?

Finally, will the Minister have conversations with his colleagues in Defra about the fisheries? I know that fisheries were not dealt with in the legislation, so when will there be supplementary legislation, and will there be enhanced funding for the improvement of infrastructure to facilitate all the fish that the fishermen will be catching?

Taxation (Post-transition Period) Bill

Baroness Ritchie of Downpatrick Excerpts
2nd reading & Committee negatived & 3rd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard) & Committee negatived (Hansard): House of Lords
Wednesday 16th December 2020

(4 years ago)

Lords Chamber
Read Full debate Taxation (Post-transition Period) Act 2020 View all Taxation (Post-transition Period) Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 15 December 2020 (large print) (PDF) - (15 Dec 2020)
Baroness Ritchie of Downpatrick Portrait Baroness Ritchie of Downpatrick (Non-Afl) [V]
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My Lords, it is a pleasure to follow the noble Baroness, Lady Pidding, and to welcome the noble Lord, Lord Sharpe of Epsom, who has just made his maiden speech. I look forward to working with him as he stated that he looked forward to working with all noble Lords around the House.

I thank the Minister for his explanation of the Bill, whose purpose is to implement various aspects of the Northern Ireland protocol relating to customs duties, VAT and excise. While welcoming the provisions of the Bill, I note that it would have been a different position if there had not been a resolution on the operation and implementation of the Northern Ireland protocol in the UK/EU Joint Committee negotiations last week. The protocol will not contain provisions to disapply provisions within the protocol; that agreement has been achieved in the Joint Committee on export declarations for goods moving from Northern Ireland to GB and the application of state aid under the protocol. Notwithstanding that, I have some questions for the Minister.

First, can the Minister provide assurances that this Bill is consistent with the Northern Ireland protocol in all aspects? It is important to remember why the Northern Ireland protocol is in place—it is to prevent a hard border on the island of Ireland between Northern Ireland and the Republic of Ireland. It is also meant to act in accordance with the principles of the Belfast/Good Friday agreement to build on the peace with political, economic and social stability and to continue to foster reconciliation on the island. It is vital, therefore, as it contains those necessary ingredients to enable that to happen.

I hope that there is a zero tariff trade deal and that that is achieved as quickly as quickly as possible. I implore both the UK and EU to arrive at a deal; I did not want to leave the EU but realise the need for a proper and adequate trade deal so that business can be conducted which will not undermine or hinder trade opportunities and provide goods to customers at affordable prices. Lest we be in any doubt, no deal will not be beneficial for the UK, Northern Ireland or the Republic of Ireland or in fact the wider European Union. I note that the Government, through the debate on the United Kingdom Internal Market Bill, have followed on from the agreement in the Northern Ireland protocol to ensure that qualifying Northern Ireland goods have unfettered access to the UK internal market. This is welcome because it provides assurances to businesses and consumers alike.

The protocol applies the EU’s regulations on traded goods, customs and VAT on goods to movements into and out of Northern Ireland. As I have already said, this is to ensure that there is no hard border across the island, to protect the integrity of the EU single market and the customs union, and to respect Northern Ireland’s position within the UK’s customs territory and the UK internal market.

The protocol sets out in depth the parts of the EU’s acquis on goods that are to be given effect to and provides that the protocol will have the characteristics of EU law in terms of precedence and direct effect. This ensures that the legal rules on traded goods, VAT on goods, and customs processes not only are the same in Northern Ireland as the Republic of Ireland but will be enforced in similar ways. Of course, the decision on the continued application of the protocol arrangements on traded goods in Northern Ireland will be for the Northern Ireland Assembly to take on a cross-community basis every four years. I have a query about that, because that is not the true application of that particular facility in the agreement itself.

This legislation, which is to be given its Second Reading today, will give effect to the necessary implementing arrangements on VAT and customs. I understand that associated delegated legislation will need to be put in place quite quickly. Therefore, could the Minister indicate the schedule, framework and content for that delegated legislation?

This legislation also has several consequences, and I have certain questions in that respect. Since it prescribes through provision for taxation and VAT measures, how will the Bill and the Government deal with anti-avoidance? How will that work in the agri-food sector in particular? On the one hand, the Trade and Agriculture Commission, which is to be put on a permanent basis for at least three years through the Trade Bill, will underpin food standards. How will the Government ensure that inferior food products do not come into Northern Ireland to take advantage of the protocol?

How will the legislation prevent organised crime? What work will be carried out with the Police Service of Northern Ireland, other police constabularies, the Gardaí in the Republic of Ireland, and Interpol to underpin those standards and prevent avoidance measures? What will be the role of the National Crime Agency? With HMRC, what are the established practices for identifying and targeting those involved in avoidance measures to ensure that it does not happen?

When will the infrastructure at the ports of Derry, Larne, Belfast and Warrenpoint be in a state of readiness and operation? Where will the officials be based? Where will the EU officials operate from? Will they work alongside officials from HMRC? Has the recruitment of customs agents taken place? When will they take up post at the ports?

Will the Minister ensure that more details are set out on how duties and tariffs might be rebated through regulations under the Bill? For the avoidance of doubt, could he confirm that fish landings at Northern Ireland ports will no longer be subject to tariffs under the Northern Ireland protocol?

I realise that there were several questions there that the Minister might be able to answer today. If he is not able to do so, I would appreciate answers in writing and a copy being placed in the Library of your Lordships’ House.

While welcome, this taxation Bill comes at the end of a long process that many of us felt deeply unhappy about. I hope that there will be full implementation of the Northern Ireland protocol and that the people of Northern Ireland and the island of Ireland, where I live and have worked for many years, will be able to benefit and that there will be an end to this long, very sorry saga.