Windsor Framework (Retail Movement Scheme) Regulations 2023

Baroness Hoey Excerpts

Wednesday 18th October 2023 Lords Chamber

It behoves the Government to take a look around and see exactly what is going on. The days of spin are over. The moment is now upon us: we need action on this. Do the Government place greater emphasis on placating a Europe that can be sometimes hostile and belligerent, rather than having the restoration of a Northern Ireland Assembly and an Executive? I hope that they do not repeat what happened in 1972.

[Baroness Hoey (Non-Afl)]

I genuinely congratulate the noble Lord, Lord Dodds of Duncairn, on putting down this regret Motion and giving us the opportunity to discuss something that, as he said, needs more discussion. I thought the submission from the Democratic Unionist Party to the Secondary Legislation Scrutiny Committee was well worth a read. I hope that noble Lords who are here, and the very many who are not and never seem to come for anything to do with Northern Ireland, have read it. It is a clear indictment of what is wrong with the Windsor Framework.

Three times the Secondary Legislation Scrutiny Committee said it notes that these submissions reflect the views of the DUP and that no other submissions were received—as if somehow that implied that this was not very important. The regulations were laid during the summer. Some of us, even in this place, who have been in Parliament for a very long time find it quite difficult to know exactly when SIs are laid, how they are put forward and when things have to be in by. How does anyone expect the average small business, small shop or trader in Northern Ireland to understand what is going on in the way we need to in this place to get that scrutiny? I hope members of the committee did not mean to suggest in a derogatory way that, because there were not many submissions on these regulations, they are not important.

Both noble Lords have gone into great detail about how the regulations will work. It is very clear, the more we see what is happening with the Windsor Framework, that it has not been any kind of genuine reset or change to the protocol. It has been spun and spun as if it is something remarkable. I do not want again to go over when the Prime Minister came to Northern Ireland to tell us how wonderful this was. We are now seeing that detail, which was never looked at by many in the press lobby, who lapped up what the Prime Minister said to spin it to people in Northern Ireland that it would be brilliant. There has been criticism of Conservative and Labour Members of Parliament—but particularly Conservative and Unionist, who I would have thought would have more sense than to be taken in by a bland statement about how wonderful it would be. Many of those Members of Parliament said to move on to something different because they were fed up with it. That is not going to happen, and as the noble Lords have said, the deal is unworkable. It may not seem it at the moment, because of all that has been said about it being very early days and the structures not being in place. There is a feeling that we must be as careful as possible not to be too diligent because it should look like it is working normally, and that trade is moving back and forth just as if there had never been an Irish sea border.

Anyone reading the detail of these regulations can see clearly that the green lane is not a green lane. It is nonsensical to say that it is. It does not give unfettered access: that term is used, in my view—and, I hope, that of noble Lords—for free movement within a single market, which automatically would not have to face customs, SPS borders or border control posts.

The alternative arrangements made by the Windsor Framework are simply an alternative form of border arrangements. They do not remove, as the Prime Minister said they would, any sense of a border in the Irish Sea. This deals just with trade issues, not things such as people going as foot passengers to Cairnryan, as I mentioned in Committee the other week, and being told to get there early to go through border control. It is unbelievable that that can be said to people moving within their own country and that any Government would allow this to happen. It is extraordinary that this so-called Conservative and Unionist Government have allowed it.

As has been referred to, the very important European Union document from which all of this comes is EU regulation 2023/1231 of the Council of 14 June 2023 on

“specific rules relating to the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of retail goods, plants for planting, seed potatoes, machinery and certain vehicles operated for agricultural or forestry purposes, as well as non-commercial movements of certain pet animals into Northern Ireland”.

Do not get me started on pets. I know that they are not the subject of this SI, but in the detail of this many-paged regulation, under article 12 there are three pages on what you will have to do to take your pet with you from London when visiting family in Northern Ireland. Yet the Prime Minister said there would be no problem—pets would be moved without you having to do a single thing. It is outrageous. It has not come into effect yet and, presumably, we will get a detailed SI on it, but I warn every pet owner in Northern Ireland that, if they think this is sorted, they are very mistaken.

The section of this document—which refers to all the issues we are discussing today—that is so shocking, as has been referred to already, is article 14. It will allow the European Union when it suits it, when the time is right and it wants something else to have a go at the United Kingdom for, to stop the green lane completely. It can say that, if we are not doing it properly—and it can always find some reason to say that it is not being done properly—it will stop the green lane.

We have left the EU—supposedly. Northern Ireland has not, as we know, although people had the same ballot paper, as I keep reminding people. It did not say: “If you vote to leave, you’re not actually going to leave. Only a little bit will leave, and the rest of you will stay within the EU”. This document shamelessly pertains to the Government not just of Northern Ireland but of the United Kingdom, to divide us into two. It is very different from all the other rules that apply to Northern Ireland, which apply to the EU as a whole and to Northern Ireland because it is part of the EU in that respect. However, this regulation applies just to the UK. Not only does it divide it in two, but it is far more humiliating than anything we were subject to as a member of the European Union because we have not made it.

Let us be honest. The European Union is still in charge of a substantial part of the United Kingdom and still governs Northern Ireland in many ways, this time without any involvement from us. I will not even mention the Stormont brake because it is not really relevant today, but it is complete and utter nonsense. Everyone knows that it is, but no one in the Government wants to admit it.

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[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I thank the noble Lord, Lord Dodds of Duncairn, for tabling this Motion, and all noble Lords who have contributed to this debate today. I pay great tribute to him and his colleagues. I entirely understand the passion that underlies their concerns about this. All of us who have had knowledge and understanding of the situation in Northern Ireland over a great many decades appreciate the underlying emotions that exist on issues relating to this. Trade is so important to every person in Northern Ireland for all of us who care about the union.

We have before us two key pieces of legislation, the Windsor Framework (Retail Movement Scheme) Regulations 2023 and the Windsor Framework (Plant Health) Regulations 2023. Both play a pivotal role in the implementation of the Windsor Framework. I am pleased to announce that, as the noble Baroness, Lady Anderson, has said, the schemes are now live and trade between Great Britain and Northern Ireland is once again on a more stable and long-term footing. It is our fervent wish to successfully restore the smooth flow of trade within the UK internal market and safeguard Northern Ireland’s place in the union.

First, I would like to provide some background on the retail movement scheme regulations. The scheme establishes a robust and sustainable legal framework for the movement of pre-packaged retail agri-food goods from Great Britain to Northern Ireland. This framework offers traders a unique set of arrangements, reducing barriers to trade by facilitating the movement of consignments based on a single certificate, compared with hundreds of vet-signed certificates for individual products needed under the old protocol. One of the key benefits secured by this scheme is the disapplication of over 60 pieces of EU legislation for goods moving from Great Britain to Northern Ireland, ensuring a consistent approach across the entire United Kingdom. This means that goods which meet British public health, marketing and organics standards will be able to move to Northern Ireland.

We have a long-standing commitment to ensure that Northern Ireland’s businesses have unfettered access to their most important market, Great Britain. The Northern Ireland protocol guaranteed unfettered access for Northern Ireland’s businesses to the GB market. This was legislated for in the United Kingdom Internal Market Act 2020 and is reflected in the border target operating model. Furthermore, it has been raised in this debate that the instruments are contrary to the objectives of the Northern Ireland protocol listed in Article 1(2) of the Windsor Framework. In response to that assertion, I assure noble Lords that the Windsor Framework restores the smooth flow of trade within the UK internal market by removing the unnecessary burdens that have disrupted east-west trade. We are now able to achieve the long-standing UK government objective of restoring the smooth flow of trade within the UK internal market by pursuing a green lane for the movement of goods from Great Britain to Northern Ireland, supporting Northern Ireland’s place in the UK. We are confident that the Windsor Framework upholds our objectives to ensure that Northern Ireland’s place in the union is protected. Specifically, the framework allows for goods which meet British standards to be available in all parts of the UK, ensuring that consumers in Northern Ireland have access to the same goods as those elsewhere in the UK.

The plant health regulations pave the way for the smooth movement of plants and seeds for planting, seed potatoes and used agricultural and forestry machinery and vehicles between Great Britain and Northern Ireland when applying a Northern Ireland plant health label. The Northern Ireland plant health label scheme aligns closely with the current UK plant passport regime, making it familiar and accessible to all businesses engaged in the commercial movement of plants within Great Britain. This label will replace the need for plants and seeds for planting to be accompanied by a phytosanitary certificate, significantly reducing costs. Instead of paying £150 per movement into Northern Ireland, growers and businesses can now pay approximately £120 annually to be part of this scheme, which is the same as the cost for the UK plant passport regime.

Importantly, these regulations will also allow previously banned seed potatoes to be once again available in Northern Ireland from other parts of the UK while remaining prohibited in the Republic of Ireland. This will have a significant impact on trade between Scotland and Northern Ireland, with an estimated 2,500 tonnes of seed potatoes expected to move from Great Britain to Northern Ireland. The EU’s risk assessment process for the movement of so-called high-risk trees, a point raised by my noble friend Lady Lawlor, is being expedited. Once approved, they will move from Great Britain to Northern Ireland with the Northern Ireland plant health label. We prioritised removing bans on the movement of plants and trees of greatest importance to industry—seed potatoes and the 11 most important British native and other commonly grown trees. I assure my noble friend that hawthorn is under that definition.

The Windsor Framework has also removed the Irish Sea border for goods remaining in the UK, providing a firm legal foundation for trade and allowing everyday goods to move efficiently between Great Britain and Northern Ireland. It does so while protecting biosecurity on the island of Ireland, which has been treated as a single epidemiological unit for decades. It also safeguards Northern Ireland’s privileged access to the EU single market, which has been a clear demand from businesses to protect livelihoods. These regulations play a critical role in facilitating the seamless movement of goods between Great Britain and Northern Ireland, reducing trade barriers, and promoting a more efficient and cost-effective trading environment. They are essential components of the Windsor Framework; I hope therefore I can convince all noble Lords to support their implementation, as we debated before the Summer Recess.

[Baroness Hoey (Non-Afl)]

Could the Minister clearly define “unfettered access”?

[Lord Benyon (Con)]

I will refer to the noble Baroness’s bulbs. I do not know why the company she bought her bulbs from returned her money and did not wish for her custom, because the movement of plants, including bulbs, to consumers is possible if it is through a registered operator, including mail order and internet sales. I hope that one day bulbs from GB will adorn her garden in Northern Ireland. In direct answer to her question on unfettered access, I say that we all want is for goods—whether bulbs or anything else—to be traded within the United Kingdom in a similar way to anywhere within GB. I want to make sure that we are working towards that, and this is not perfect, as the noble Baroness, Lady Anderson, said—nothing that we pass through Parliament is perfect—but it is a considerable improvement and one that has been welcomed by many businesses in Northern Ireland. I hope that in moving towards that goal we will see greater understanding as the schemes are rolled out.

The noble Baroness, Lady Anderson, asked me about recent changes and the points raised by my noble friend Lady Neville-Rolfe. There has been a huge amount of engagement with business, and that will continue. We want to make sure that the east-west trading discussions continue. I also want to assure the noble Baroness, Lady Suttie, that we believe that even though some of the infrastructure is not yet built, the temporary arrangements are adequate; they are not perfect, and the sooner that we can have the more formal infrastructure in place, then we will see an improvement not just for trade but for the people who work there.

The Government recognise that it is vital that we are now able to restore the Northern Ireland Executive and Assembly. Although our retail movement scheme protects Northern Ireland from problems caused by regulatory divergence between the UK and the EU, we are seeing problematic divergence from the lack of an Assembly. We are, for example, unable to apply prohibitions on dangerous dogs UK-wide. Outside my departmental brief, we are seeing growing divergence on health waiting lists and core public services. I echo the points made by a number of noble Lords about the need to move towards some form of local democracy, which we put in place through the arrangements that have superseded the end of the sitting of the Assembly. I really welcome the comments made by the leader of the DUP indicating why it is important that decisions are taken locally.

I am grateful for this further opportunity to make the case for a greatly improved trading arrangement and for the valuable discussion. A number of points were raised of a highly technical nature, and if I have not covered them in my reply I am very happy to take them forward with noble Lords after this debate. I really hope I have gone as far as I can to convince the mover of this Motion to Regret, the noble Lord, Lord Dodds, and others to not push it to the vote.