Draft Postal Packets (Miscellaneous Amendments) Regulations 2023

Adam Afriyie Excerpts

Monday 17th July 2023 General Committees

[Sammy Wilson]

This appears rather a flimsy instrument, but when one reads through it, it is clear that it is dynamite. It blows apart the promise made that the Windsor framework ensures we remove any sense of a border in the Irish sea. In fact, this legislation will ensure that the border is deepened, made higher and cemented in place, and some of the temporary arrangements in the protocol will now be made permanent. Any change to them will be made not by legislation in this House but on the basis of whether the EU is prepared to change its legislation. In effect, once these regulations are passed, we become totally subject to the EU, amending article 7 and changing the rules about what are legal and what are illegal goods going into Northern Ireland and being obliged then to put in place the necessary border provisions. This does not protect the Union. I know that the Minister had a hard job today, and she repeated almost ad nauseam “Oh, the Windsor framework is better than the protocol.” The fact of the matter is that the instrument is only one piece of the jigsaw that will further remove Northern Ireland from the rest of the United Kingdom.

Let us just look at the draft regulations. Why are they necessary? Because there are things that cannot be done by HMRC and Border Force under existing legislation. The explanatory memorandum makes it clear that certain things that currently cannot be done need to be done. Why do they need to be done, and how do we ensure that they will be done? The draft regulations make it quite clear that Border Force and HMRC need to be able to carry out searches and interference on goods moving from GB into Northern Ireland, which they currently cannot do for movements within the United Kingdom.

The way in which we do that is by treating Northern Ireland as a foreign country. That is why not once, but six times in this short piece of legislation, we read that “GB to Northern Ireland” is added to regulations that currently refer only to foreign goods. Northern Ireland is effectively being treated as if it were a country that is foreign to the rest of the UK, and therefore the requirements and arrangements can be put in place for HMRC and Border Force to interfere with postal arrangements, which previously they could not do. Of course, you cannot import or export within your own country, so you change the definition in order to ensure that goods moving from GB to Northern Ireland are regarded as exports. We are now lumped in with foreign countries; indeed, references to the UK have now been changed to GB. I do not care what the Minister says about protecting the Union and not trying to redraw lines. In anybody’s definition, it amounts to Northern Ireland now being treated as a foreign country.

[Adam Afriyie (Windsor) (Con)]

This is the first time that I have seen Northern Ireland treated separately from the rest of the United Kingdom in UK legislation. Is that the right hon. Gentleman’s understanding as well? It is quite an alarming signal.

[Sammy Wilson]

That is one of the reasons why I say this is dynamite, because it exposes the lie being peddled at present that the Windsor framework actually cements us into the United Kingdom. It does not; it pushes us further out.

The second point I want to make is that businesses have been kept in the dark. In fact, the scrutiny Committee pointed out that many businesses do not know what the arrangements are, and the Government have not even been able to give an answer on what the new arrangements are going to be. What will they entail? What provision will there be? The Minister argues that there will be no effect and that, if anything, be better for person-to-person parcels. She says that there will be no effect on business to consumers and that there will be some effect on business to business. The truth of the matter, though, is that once this legislation is passed, the EU will have total control over what movements need to be checked, and our Government will have no say about what happens in Northern Ireland.

--- Later in debate ---

[Sammy Wilson]

It was recognised that not even the infrastructure was in place to deal with all the parcels that come from GB to Northern Ireland. It was also known that, politically, this would create a huge storm, so a concession was made. The Government simply said, “It is impossible for us to implement the protocol, so we’re not going to implement that bit of it,” and the EU accepted that, so why has that situation not been left to pertain? The protection of the grace periods has now been removed, and we are introducing legislation that gives the EU the ability to say what are licit and illicit goods.

The Minister said that we do not need to worry, but we are told that one of the reasons this legislation is necessary now is that there are concerns about goods that affect the ozone layer, and that invasive species might be transferred, so we need protections. What happens if, in the future, the EU says, “People have found a way around this. They have decided that they can send those things from Sammy Wilson to somebody else in Northern Ireland”? Can the EU then use that as an argument for expanding the parcels regulations and demanding that parcels that go from one person to another be inspected too?

I asked a businessperson today, “How many of your goods do you expect to go through the green lane and be exempt? How many are business-to-business goods that are exclusively for consumption in Northern Ireland?” He said, “We don’t even know, because there has been no assessment of the kinds of parcels that are being sent at present. We have to assume that about 75% of parcels will have to go through the red lane.” I asked him, “What does that mean in terms of delays and costs?” I was told that, currently, the costs for goods that go through the full process from England through Dublin are higher than the freight costs themselves; the process used to take two days, but it now takes five days. We can see immediately how businesses in Northern Ireland will be affected by this change.

The Minister cannot run away from the arguments. First, this legislation undermines the Union; secondly, it will be costly to business; thirdly, even now the Government cannot tell businesses what new arrangements will be put in place; and, fourthly, there is no guarantee that the EU, when it has control through these regulations, will not use them in a way that the Government do not expect. That is why I believe that these regulations are flawed. They are not needed, they are a surrender to the demands of the EU, and they change the nature of the relationship between Northern Ireland and the UK.

[Adam Afriyie]

I am very much enjoying listening to the right hon. Gentleman,, and I thank him for allowing me one last intervention. Does he have any concerns about the power of the European Union to change these regulations—going way back to the Act of Union, not just the current regulations?

[Sammy Wilson]

They do. Even the explanatory notes make it quite clear that this will be subject to the EU still abiding by article 7 of the protocol. If the EU decides to say, “Look, article 7 isn’t working”—for whatever reason, maybe people are bypassing it—they can change it, and we do not have any say at that stage. We have handed control over the movement of goods from GB to Northern Ireland to a foreign entity.

--- Later in debate ---

[Victoria Atkins]

We acknowledge the range of views on the framework, but I emphasise that the SI is solely concerned with the powers available to HMRC and Border Force to ensure that the improvements in respect of policies that we have secured through the Windsor framework are implemented.

[Adam Afriyie]

Will the Minister give way?

[Victoria Atkins]

I would like to answer the shadow Minister’s questions and then I will happily give way.

In terms of HMRC, we are fully confident that we have the staff and resources to meet the expectations of not just this element, but the whole Windsor framework.

[Adam Afriyie]

Will the Minister give way?

[Sir James Duddridge]

rose—