Draft Nutrition (Amendment etc.) (EU Exit) Regulations 2020

Alex Norris Excerpts

Monday 2nd November 2020 General Committees

[Alex Norris (Nottingham North) (Lab/Co-op)]

It is a pleasure to serve with you in the Chair, Ms Nokes. When I saw this SI come through, just before recess, my heart leapt a little to be considering secondary legislation not related to covid. Then I realised that it was related to Brexit and my happiness disappeared just as quickly as it had arrived.

When my predecessor, my hon. Friend the Member for Washington and Sunderland West (Mrs Hodgson), addressed the original regulations that we are amending, she began with a caveat on the danger of a no-deal scenario, and the danger that the Government were running out of time. It is incredible, and quite startling, that 18 months later we have no greater clarity. In many ways, the world seems an entirely different place. This Parliament certainly seems an entirely different place than it was 18 months ago; however, the issue is still there. This time last year, the Government were making very clear and un-caveated promises, which many hon. Members were elected on, about an oven-ready deal. They ought to, and must, deliver on that.

I am grateful to the Minister for his letter in recent days seeking our support on this issue, and I can confirm that we do not intend to divide the Committee. As he said, he and I are on this travelling tour. I believe we have secondary legislation to consider on Monday, Tuesday and Wednesday this week—a trilogy befitting Ali and Frazier, I would say. I do not think that the final one is in Manila, but I believe it is in the Chamber. It will be box office, but hopefully not £15 to watch.

As the Minister set out, it is important to make these regulations, and to change the references to the UK that there were under EU law to reference Great Britain instead. The Department of Health in Northern Ireland will not have the same functions transferred to it as the rest of the UK. The amendments will ensure that EU law continues to apply in Northern Ireland and the EU-retained law in England, Scotland and Wales will therefore be effective. I must say, again, that that breaks a spectacular number of Government commitments that we have heard in the Chamber on the treatment of Northern Ireland. I know that public interest has moved on, that we are upstairs, and that no one is watching, but frankly if any Government Members are really satisfied with that scenario and think that it is reputable and honourable way of doing things, frankly I disagree. That is no commentary at all on the Minister. He is an excellent Minister, who I hold in high regard, but this is extraordinary and really disappointing. Nevertheless, for us not to support these regulations today would render the regulations as a whole ineffective and would not be in the interests of the nation, so I will just pick up a couple of issues that I hope he can cover.

As per the European Union (Withdrawal Agreement) Act 2020, as we know, Northern Ireland is obliged to align with specific EU rules. Looking at the bigger picture, time is running out for the Government to implement the remaining elements of the protocol, which comes into force in less than 60 days. Proper implementation is vital for the protection of the Good Friday agreement, so could the Minister update us on progress with the rest?

We know that labelling, specifically, is a critical concern for food and drink manufacturers in Great Britain and Northern Ireland. As has been outlined, we will have different trading rules in Great Britain and Northern Ireland on 1 January, and there is a real risk that labelling used in Britain will no longer be legally recognised in Northern Ireland or on the continent. I seek assurance on the record from the Minister that that will not be the case, because that would be a significant concern.

I recognise what the Minister has said about stakeholders, but trading bodies have warned throughout the process that unless they get guidance in time they will not be able to prepare. As well as meeting their expectations on frictionless trade, will we also be able to meet their expectations on timeliness and being able to act and prepare?

I do not want to rehash the arguments over the United Kingdom Internal Market Bill, because that is the settled will of the House, but the point must still be made about the negotiation tactics, the threats to breach laws, the breaking of promises made in general elections and the tone that that will set in any future regulatory conversations we have at the Joint Committee if business is to get that certainty. Again, we must be responsible in the way we negotiate with our partners, because we are going to have to work with them in January, February and for centuries to come. We might be leaving the EU, but we are certainly not leaving the continent of Europe. Could the Minister give us an assurance that the protocol will be implemented urgently, so that the businesses that are asking us will have that reassurance?

In the previous airing of the original regulations, my predecessor in this role, my hon. Friend the Member for Washington and Sunderland West, raised her concerns over the impact on businesses, as some respondents to the consultations on the regulations had raised them and thought there was an underestimation of the burden of submitting health claims. The Minister has said today that there will be no burden, so I would like to just ensure that I have heard that right: no extra forms, no online forms, no virtual forms and everything basically the same on 1 January as it was on 31 December. That would be an important and welcome commitment.

I conclude by asking for an update on the preparedness of the UK Nutrition and Health Claims Committee and the relationship it will have with the European Food Safety Authority, whatever the outcome of ongoing negotiations. That is in our interests. There is one other thing; perhaps it is not an issue for today, but it is important and we have never quite been able to tease it out in the getting on for three-and-a-half years that I have been in this place. Throughout that time we have always wanted to know what is behind the curtain on divergence of regulations, so I urge the Minister to take this moment to tell us. We will have the chance to have different labels from Northern Ireland: why might we wish to do that and, if so, what will that be used for?

I repeat what I began with: this is all a lot easier when no deal is removed from the table, because it takes away the damaging uncertainty, focuses efforts and dials down the rhetoric. I hope we can see that and I hope the Minister can address some of the concerns I have raised.