Windsor Framework (Retail Movement Scheme) Regulations 2023

Baroness Suttie Excerpts

Wednesday 18th October 2023 Lords Chamber

[Baroness Suttie (LD)]

My Lords, this has been an at times impassioned debate and we have heard comprehensively, I think it fair to say, from the DUP and one point of view. I listened carefully to the many points made by the noble Lord, Lord Dodds, and his colleagues. While I have some genuine sympathy with many of his concerns, I none the less think that the Windsor Framework, as the recent report from the Northern Ireland Protocol Sub-Committee said, marks a significant step forward and is an improvement on what went before. It is far from perfect, but, as we have said many times from these Benches, these proposals continue to stem from incompatible promises that were made to the people of Northern Ireland as a result of Brexit.

There is also little doubt that there is a case for further pragmatic changes to be made in future, based on the realities of how these mechanisms work in practice for the people and businesses of Northern Ireland. Just so that I do not disappoint the noble Lord, Lord McCrae, I will give my statutory plea to noble Lords from the DUP: I genuinely believe that their case would be much more powerfully heard if there were a return to a functioning Executive and Assembly in Northern Ireland. Indeed, as Sir Jeffrey Donaldson said at the DUP conference last weekend:

“Having no say in our future will not be a recipe for success … having local institutions that succeed in delivering for everyone in Northern Ireland is an essential element of our case”.


I agree with that.

I will make a few brief comments on the regulations before us. It is deeply to be regretted that once again, an impact assessment has not been published. I agree with the Secondary Legislation Scrutiny Committee’s report, which said that, at the very least,

“basic information on the expected financial impact on businesses and the public purse should have been included in the explanatory memorandum”.

Even at this late stage, can the Minister commit to producing an assessment of the impact on businesses, so that we can have debates based on fact rather than anecdote? It is surely in the Government’s own interest to do so.

Like noble Lords from the DUP, I too question the decision to publish these regulations during the Summer Recess. Publishing them at a time when effective parliamentary scrutiny was not possible inevitably adds to our sense of distrust. Given that the Windsor Framework was agreed in February this year, it was surely possible to publish them before the Summer Recess. I seek reassurances from the Minister that the Government are confident that the temporary SPS infrastructure will be fit for purpose, given that the permanent infrastructure will not be ready until July 2025, as several noble Lords from the DUP said.

The Explanatory Memorandum states that the Government

“has considered and reflected engagement with interested stakeholders”.

Is it possible to publish a list of the people who were consulted? I remain convinced that transparency helps to generate the atmosphere of trust that has been so lacking during this whole process.

In conclusion, we on these Benches support the Windsor Framework and, by extension, the regulations we are debating today. However, I do understand many of the criticisms of the Government and the concerns expressed by the noble Lord, Lord Dodds, about the lack of transparency and consultation. I think it fair to say that the whole process leading to the Northern Ireland protocol and now the Windsor Framework has not exactly been a model of transparency and effective communication or consultation. I therefore hope that we can now move on to a more practical, pragmatic phase, learn from the mistakes of the past and make the Windsor Framework work for the people and businesses of Northern Ireland.