Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020

Lord Empey Excerpts

Monday 16th November 2020 Grand Committee

[Lord Empey (UUP) [V]]

In this Committee last week we discussed the Common Rules for Exports (EU Exit) Regulations 2020, which deal with the Government’s ability to prevent the export of particular products in an emergency—such as PPE products being sent out of the UK. In his opening salvo then, the Minister, the noble Lord, Lord Grimstone, talked about

“the ability of the EU Commission to exercise these powers in Northern Ireland.”—[Official Report, 10/11/20; col. GC 421.]

The Minister said that the devolved Administration in Northern Ireland had powers over consumer affairs in Northern Ireland; that is correct. What I want to find out from him is: who, in practice, will be making the totality of consumer law in Northern Ireland, and who will implement it? For instance, under the protocol we have a “zone of regulatory compliance”, consisting of the 27 EU member states plus Northern Ireland.

The issue, it seems to me, is that in the regulations before us there are specific references to Great Britain and not Northern Ireland. For the sake of clarification, can the Minister, in his winding-up speech, tell us whether the European Commission will have any role in consumer affairs in Northern Ireland, given that, after the IP completion day, it clearly will have a role in other areas? I do not quite understand how it is consistent with taking back control if what will, on 1 January, become a foreign power, is to exercise executive authority in a part of the United Kingdom.

Can the Minister assure the Committee that that will not be the case here? Or, because we now have a regulatory border in the Irish sea—which the Government continually try to deny exists—will the regulations continue to be made in Brussels, where we have no representation or say? If not, who will make them, for the parts of consumer law that are not dealt with by the devolved Administration?

It seems to me that there is so much potential with these SIs, which are so terribly complex and not things that the general public would normally have access to or an interest in, but which are exceptionally important. There is a big issue of principle here. Are we actually effecting significant constitutional change that is against the principles of the Good Friday agreement without the knowledge or consent of those who would be directly affected? I would be most obliged if the Minister would address those matters in winding up.