UK-EU Withdrawal Agreement

Baroness Ritchie of Downpatrick Excerpts

Thursday 10th December 2020 Lords Chamber

[Lord True (Con)]

My Lords, I will take advice on my noble friend’s suggestions of a six-month review. As my noble friend said, we have sought to secure agreement to a pragmatic approach not only on medicines but on other things in implementing the protocol, but it is particularly important in relation to medicines regulation. It will give industry the time and flexibility that it needs and ensure that medicines, including veterinary medicines, can continue to flow to Northern Ireland. Work is ongoing across government to prepare for the end of the transition period to which my noble friend referred, and we will publish further guidance for industry on moving medicines to Northern Ireland in the forthcoming period.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, first, perhaps I may press the Minister further on where these European officials will be accommodated to do their work at the ports. Secondly, could the trader assistance scheme be extended to independent retailers, many of whom are small supermarket owners? Can further assistance be provided to retailers in respect of the export declarations? Some six months down the road, that could cause major problems for them, to the point where they might be out of business.

[Lord True (Con)]

My Lords, I can certainly assure the noble Baroness on the question of smaller suppliers. I was trying to look it up quickly, but one has so little time; I think it is paragraph 33 of the protocol statement that refers to the fact that the Government will certainly not discriminate against smaller suppliers. So far as the office is concerned, I responded to that in my first answer. We have always been clear that it would not be acceptable for the EU to establish some kind of mini embassy in Northern Ireland, which is what some in the EU had suggested. The protocol provides for EU officials to be permitted to fulfil the roles allowed under the protocol. Of course, we will not bar the EU from renting office space or accommodation for its staff if it wishes—but there will be no EU flags flying above a brass-plated embassy entrance in Belfast.

Customs Safety and Security Procedures (EU Exit) Regulations 2020

Baroness Ritchie of Downpatrick Excerpts

Thursday 10th December 2020 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I thank the Minister for explaining these regulations. I note that they will introduce powers to allow a temporary waiver of the requirement for pre-departure declarations, or temporary modification of the time limit for their submission, by public notice. Obviously, some of this work would involve HMRC. I have some questions for the Minister. There have been some interesting expositions already by previous speakers.

The noble Lord, Lord Moynihan, who has just spoken, raised the issue of the equine industry. Coming from Northern Ireland, where the equine industry is quite important to our local economy, both in Northern Ireland and on the island of Ireland, I would not like to see any impediments put in the way of that industry. There are clear links between the equine industry in Ireland, north and south, and Britain, and vice versa, and it is important that the proper procedures are in place from 1 January to ensure that free movement. I also agree with the noble Lord, Lord Bradshaw, that there are certain issues here in relation to security: your Lordships’ House has to be assured that these regulations will ensure a complete diminution of criminal and paramilitary activity in terms of the transport of goods. I would like to ascertain from the Minister what advice he has received from HMRC and the various police constabularies throughout the UK on this issue.

The regulations state that they will still apply to the whole of the UK. How can this be when the Northern Ireland protocol applies to Northern Ireland customs and goods, where the union customs code applies, particularly now that we have a clear definition and an explanation of what has been approved in principle before it is finally approved by the joint committee? Will the instrument apply only to businesses and intermediaries exporting goods from GB to Northern Ireland? What administrative arrangements will need to be put in place to deal with this issue? I note that the Secretary of State for Northern Ireland announced earlier today quite substantial funding for businesses in Northern Ireland to deal with all the extraneous issues that will emerge from the implementation of the Northern Ireland protocol. I also note that the Minister referred in his speech to Northern Ireland-GB issues.

The Minister referred to the Secondary Legislation Scrutiny Committee. Its 36th report stated that

“it is not clear whether suspending pre-departure safety and security requirements on exports could lead to any adverse impacts.”

Will the Minister advise us of the exact position? The committee also noted that

“while this instrument enables HMRC to waive temporarily the requirement for pre-departure declarations for goods leaving GB, any use of this power would not help with potential disruption caused by the need for declarations for the same goods entering the EU.”

What is the Minister’s view of this statement? Will a solution be in place at the end of the transition period?

Finally, will the Minister say what arrangements are in place to publicise the use of these new powers? What will be the frequency of reports to both Houses of Parliament on the use and application of these new powers? What explanatory documents will be published online?

Spending Review 2020

Baroness Ritchie of Downpatrick Excerpts

Thursday 3rd December 2020 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, like many noble Lords who have spoken before me today, I want to refer to the cut in the overseas aid budget from 0.7% to 0.5% of GNI, which the Chancellor asserted was “temporary”. How long is “temporary”? When will temporary become permanent? Is this cut due to rising costs as a result of the Covid pandemic, or Brexit, or a combination of both?

What makes this decision to cut international aid egregious is that the Government have backtracked on one of their manifesto commitments—an objective supported by all living past Prime Ministers—at a time when Covid is ravaging and deepening poverty in some of the world’s poorest regions. Earlier this year, we witnessed the merger of DfID with the Foreign Office, which signalled the downgrading of our overseas aid commitment. Way back in June, I stated that DfID had delivered humanitarian assistance and helped to transform lives by reducing poverty. Scrapping DfID risks jeopardising the global Covid response and the UK turning its back on the world’s poorest people. It also risks the Government being unable to make a real, meaningful contribution in responding to the greatest challenges of our time, such as climate change, when the UK is expected to chair the Climate Change Conference—COP 26—next year and is also supposed to chair the G7. Both are important organisations and meetings, dealing with commitments to foreign and overseas aid. It is time that that was reviewed.

I hope that the Minister can indicate when “temporary” will change and we will see an increase back to 0.7% of GNI.

Definition of Qualifying Northern Ireland Goods (EU Exit) Regulations 2020

Baroness Ritchie of Downpatrick Excerpts

Monday 30th November 2020 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl)]

My Lords, I thank the Minister for the explanation of these stage one, stop-gap regulations. From my perspective, I support unfettered access for businesses from Northern Ireland to Britain. I also do not want any borders, whether in the Irish Sea or in the island of Ireland, because they would act as impediments to business and the free flow of people and would have—shall we say?—the capacity to undermine our very delicate political relationships and infrastructure. We must be careful about that.

I see the regulations in the context of a Brexit I did not want to happen, but it is here. It creates barriers and impediments to political, economic and social development at a time when businesses are having to deal with the difficulties and challenges presented by Covid. They need assistance and a streamlined system that does not involve any extra costs or burdens, either administrative or financial, when they are transporting goods to Britain, either via Northern Ireland ports or from ports in the Republic of Ireland. Like the noble Lord, Lord Dodds, I would like the situation of Northern Ireland products and produce imported or exported to Britain via ports in the Republic of Ireland to be clarified.

Notwithstanding all that, there are several questions I would like to ask the Minister about the complexity of these regulations. The Minister and the Explanatory Memorandum indicate that further legislation will be produced in this area and that this is simply a temporary, stop-gap measure. He referred to the regulations, which will last about six months, as avoiding disruption. What will be the nature of the new regulations and when are they likely to be brought to the House for discussion and affirmation? There are suggestions that this legislation is a bridge to a longer-lasting regime— something that the Secretary of State said in the other place. What is that longer-lasting regime? What will be the content, nature and scope of that legislation?

Suggestions have also been made that work is ongoing with the devolved Administrations—I think the Minister referred to that. What is the nature of that work? What discussions have taken place with the Northern Ireland Executive and specific Ministers dealing with economy, finance and the First and Deputy First Ministers? Has the Minister for Infrastructure been involved in such discussions, as having responsibility for transportation? If so, what was the outcome of those discussions, or have they mainly been at official level? Is the Northern Ireland Executive expected to bring forward subsequent legislation in relation to this issue?

I come to the thorny issue of agri-foods, already mentioned by the noble Lords, Lord Hain and Lord Dodds. How will standards of agri-food products emanating from Northern Ireland be dealt with, as they will still have to comply with EU standards? Will there be costs and administrative burdens involved? If they are unfettered, surely there should be no costs.

I come to the issue of processing, the matter raised by the noble Lord, Lord Hain. What are Northern Ireland processed goods? Can the Minister provide us with a definition? The dairy industry is largely all-island in Ireland. If milk is produced in the Republic of Ireland and processed in Northern Ireland for cheese and other dairy products, does the definition of qualifying Northern Ireland goods apply to such products, in the light of the protocol and agri-food requirements? In fact, the dairy industry is largely owned by companies based and headquartered in the Republic of Ireland.

Penny Mordaunt said in the other place that these regulations were

“no more than a stopgap to a longer lasting regime”—[Official Report, Commons, Delegated Legislation Committee, 10/11/20; col. 7.]

which would be accompanied by further anti-avoidance measures that would be introduced in a timely manner. What is the nature of those anti-avoidance measures? Will they deal with the issues of competition and tax?

Like the noble Lord, Lord Dodds, I would like to know what the role of HMRC is in such transactions. Can the Minister provide an update on the UK-EU discussions that are seeking to find solutions to or flexibilities over the types of goods that can come into Northern Ireland from Britain for supermarkets? I appreciate that that is not in the remit of these regulations but the Minister will recall that this matter bedevils suppliers in Northern Ireland, particularly supermarkets. Perhaps this issue would be better dealt with at the supermarket level rather than by the JMC, but it would be good to have an update because the agri-food industry and our general retail businesses require certainty and it is only a few weeks until the end of the transition period.

Great Britain and Northern Ireland: Access for Goods

Baroness Ritchie of Downpatrick Excerpts

Thursday 12th November 2020 Lords Chamber

Asked by

[Baroness Ritchie of Downpatrick]

To ask Her Majesty’s Government what assessment they have made of negotiations with the European Union in relation to ensuring unfettered access for goods between Great Britain and Northern Ireland.

[The Minister of State, Cabinet Office (Lord True) (Con)]

My Lords, we have been unequivocal in our commitment to unfettered access for Northern Ireland goods moving to the rest of the UK market. We are delivering on that commitment in full, including through the draft statutory instrument we have laid to guarantee it from 1 January and the protections we wish to provide in the United Kingdom Internal Market Bill, which, regrettably, your Lordships opposed.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, supermarket chains and other business consortia in Northern Ireland are deeply concerned that goods supply lines will be cut off to them from 1 January 2021. Will the Minister, along with ministerial colleagues, and working with EU negotiators, ensure that flexibilities are built into food supply lines so that Northern Ireland businesses and consumers can continue to enjoy a wide range of choice and affordability with respect to all food products?

[Lord True (Con)]

The noble Baroness makes an important point. The UK Government recognise, of course, the unique position of authorised traders, such as supermarkets, with stable supply chains and comprehensive oversight of warehousing and distribution, moving pre-packaged products for retail solely in Northern Ireland. We are continuing to pursue specific solutions for this trade.

Covid-19: Economy Update

Baroness Ritchie of Downpatrick Excerpts

Tuesday 27th October 2020 Lords Chamber

[Lord Agnew of Oulton (Con)]

I respect my noble friend’s passion for this area and I agree that it is an extremely important part of our society, as I said earlier. We have put forward a cultural recovery fund of some £1.5 billion, and of course we will continue to look carefully at what more can be done to support those who are falling through the net. I just remind my noble friend that our overall employment support scheme has been one of the most generous in Europe, but the group that he refers to is extremely difficult to get to easily.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, what discussions have taken place with ministerial colleagues in the DWP regarding the need to extend the minimum income floor of universal credit beyond 13 November for self-employed people during the Covid outbreak?

[Lord Agnew of Oulton (Con)]

My Lords, I am aware that those discussions are ongoing but I do not have the figures to hand, so I will write to the noble Baroness about the latest thinking on that.

EU Exit: Negotiations and the Joint Committee

Baroness Ritchie of Downpatrick Excerpts

Wednesday 21st October 2020 Lords Chamber

[Lord True (Con)]

My Lords, I agree with my noble friend. I said to the House earlier that I rather heard that in the opening statements from the side opposite. Our position on fishing has been very clear: the waters are the waters of an independent state. We have put propositions on fishing, but the EU has not been prepared to negotiate. Its ask from the start was that life should continue as it was. We are an independent coastal state and whoever it may be—I do not name the BBC—has to recognise that.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, yesterday’s statement from the Government clearly indicated that it is the intention of the UK and the EU to intensify discussions around the implementation of the withdrawal agreement, particularly around citizens’ rights and the Northern Ireland protocol. How will that happen when it is the Government’s intention to subvert the Northern Ireland protocol through Part 5 of the internal market Bill?

[Lord True (Con)]

My Lords, that is a false characterisation of Part 5 of the internal market Bill. The Government are not subverting the Northern Ireland protocol; we are acting to implement it. The Government’s proposal, which your Lordships will have to discuss—I do not want to repeat the discussions we had yesterday—is that in certain circumstances we might have to protect our union against interference with free movement in the customs territory. On the joint committee proposals, the statement referred to the meeting that took place recently and the fact that another meeting will take place in November. The record of this Government on citizens’ rights for EU nationals has been outstanding and generous; we and, I understand, the Commission are pressing all member states to reciprocate. I hope very much that that will be the case.

EU: Future Relationship

Baroness Ritchie of Downpatrick Excerpts

Wednesday 23rd September 2020 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I have to confess that when I first had sight of this Motion coming from the Government, I wondered why as it clearly focuses attention on an aspect of the Government’s performance that leaves so much to be desired. I thank the Minister for his explanation today, but I think lots of questions need to be put, and answers need to be given.

I regard Brexit as a social and economic disaster for the UK, and in particular for Northern Ireland, but I accept that the UK has left and that the exit, however shambolic, will be completed by the end of the year, so the remarks I make here are not rerunning the Brexit debate. They are about the Government’s approach to the negotiations, which has been dreadful from the very start.

We set out with former Prime Minister May’s assertion that “Brexit means Brexit”, without any further elucidation. Contrastingly, the EU made its three requirements clear and patiently asked the UK Government to outline the kind of Brexit they wanted to negotiate, but it got no clear answer. Instead we have had the chaos of hard Brexit or soft Brexit, in the customs union or not in the customs union, backstop or no backstop, ERG and even a general election. We had a Brexit Secretary who did not like going to meetings and a Foreign Secretary who likened our negotiating partners to the Soviet Union.

Then we had a year of farce in the other place while the EU waited patiently, allowing more time for the UK Government to get their act together. Eventually we reached a withdrawal agreement which, along with the Northern Ireland protocol, settled the most vexed matter of all: the future of the EU-UK customs border. Then only in February this year, as the pandemic was starting to break around Europe, the UK Government finally said that they wanted a Canada-type trade deal.

Since that time, the UK Government’s approach to negotiating the future relationship with the EU has been characterised by bluster, brinkmanship and, I am sad to say, bad faith. There is a refusal to accept that along with the obvious benefits of the free trade agreement, which the EU actually wants to give us, we have to accept some responsibilities. Instead the Government want all of the freedoms and none of the obligations.

The negotiating strategy is based on “They need us as much as we need them”—surely one of the greatest untruths ever peddled in this country. With the introduction of the United Kingdom Internal Market Bill and some of the Prime Minister’s own recent utterances, the Government have taken that bluster, brinkmanship and bad-faith approach to a new level. Imagine legislating to disapply the withdrawal agreement while breaking international law in the process; ridiculously accusing the EU of bad faith when it is the other way around; ludicrously claiming that the purpose of the Bill is to defend the Good Friday agreement, when it threatens to do the exact opposite; and simultaneously grabbing power back from the devolved Administrations without their consent.

That is not all: while the Government’s approach has seriously damaged the prospects of a deal with the EU, we should remember that any deal with Mr Barnier has to get through an increasingly agitated European Parliament and EU 27, not to mention the warnings from Joe Biden and Nancy Pelosi about a US trade deal and the unnecessary damage to the UK’s relationship with Dublin.

This is doing real damage. Businesses in Northern Ireland, including hauliers, while apprehensive about new customs impositions, were satisfied that with the Northern Ireland protocol they could at last plan ahead. That has now been thrown into doubt. Only yesterday the Northern Ireland Assembly backed a Motion brought by my colleagues that roundly condemned the Government’s approach to the EU negotiations. Maybe the Minister could indicate what progress has been made on the deal relating to hauliers and indeed to fisheries? I think of both the Irish Government and the UK Government having jurisdiction in the Irish Sea. Will they be concluded soon? How will the Government protect our economy and society if there is no deal? How will they protect our devolution settlements?

Perhaps most ridiculous of all was the scene of Boris Johnson in the other place conjuring up fantastical images of the completely fictional threat of an EU blockade of UK food supplies, a nonsense that was brilliantly exposed by the colleague of the noble Baroness, Lady Hayter, Ed Miliband. Unfortunately, the PM still has to clown around with jokey notions of exports of Devon clotted cream being blockaded by the EU.

I am afraid for me and for the people of Northern Ireland. This has gone too far. We want to see a deal. We want to see those intricate sets of relationships that we have on the island of Ireland between north and south, within the north and between Ireland and Britain, as captured in the Good Friday agreement, protected and enhanced. We want no further nonsense such as we have seen espoused by the British Government. I hope the Minister can provide some answers today to those vexing questions on that vexing issue, because there was no doubt that the protocol provided an answer to that most vexed question of the border.

[The Deputy Chairman of Committees (Baroness Barker) (LD)]

Since the noble Lord, Lord Loomba, is not contributing this afternoon, I call the next speaker, the noble Lord, Lord Wei.

Brexit: Civil Service Code

Baroness Ritchie of Downpatrick Excerpts

Thursday 17th September 2020 Lords Chamber

[Lord True (Con)]

Yes, I strongly agree with my noble friend. I do think this is a matter that should be left to the judgment of the leaders of the Civil Service—the Cabinet Secretary of the time being the main one. My noble friend is of course quite right to say that—and this was reinforced in the Constitutional Reform and Governance Act—certain duties and responsibilities do apply to civil servants.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, could the Minister indicate what discussions have taken place with the Northern Ireland Civil Service regarding the application of the Civil Service Code when there are suggestions of non-compliance with the law—both international and domestic—since the Internal Market Bill will directly impact Northern Ireland?

[Lord True (Con)]

My Lords, I have not been advised on this specific matter within the devolved Administrations and in Northern Ireland, but I will write to the noble Baroness on the subject.

Parliamentary Constituencies Bill

Baroness Ritchie of Downpatrick Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 27th July 2020 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I am glad that the Government have decided to maintain the number of Members in the other place at 650. When I was a Member of the other place, I voted against that Bill and against the principle of reducing the number of seats to 600; 650 seems a sensible number to ensure that all parts of the UK are properly represented and maintains a link with all our diverse regions and communities, which would have been diminished if the number of seats had been reduced to 600.

However, I have some reservations about the Bill. The 5% variance rule between constituencies seems overly rigid and prescriptive. Indeed, the legislation recognises that this may not always be appropriate by increasing the number of protected constituencies from four to five. I also have concerns that the allocation of seats favours England at the expense of the other nations and regions of the UK. Northern Ireland maintains 18 constituencies but, under these proposals, Scotland loses three and Wales loses eight, while England gains 10. This seems a disproportionate shift of power towards the centre, which will embed “English votes for English laws” even more trenchantly. That is worrying, especially as devolution means that the democratic dynamic across these islands is moving in another direction. A locking clause to preserve seats in Scotland, Wales and Northern Ireland at their current numbers of 59, 40 and 18 respectively will help them to maintain their existing parliamentary influence.

Another concern is that the Bill concentrates too much on numbers and not enough on communities to protect constituencies for all discrete areas by virtue of the fact that they are islands. By definition, these seats are ordered on a “community first” approach. That approach should apply to constituencies in general, because of the nature of community cohesion. Finally, there must be parliamentary accountability for the final recommendations from the boundaries review. That cannot be left to unelected quangos or to be dealt with by Orders in Council.