Windsor Framework (Retail Movement Scheme) Regulations 2023

Baroness Lawlor Excerpts

Wednesday 18th October 2023 Lords Chamber

I hope that the Minister, who has been put in a difficult situation, will be able to respond to some of the details. Can he answer a simple question based on something that happened to me last week? I ordered some bulbs from a company advertised in the Daily Telegraph or the Sunday Telegraph. It took my money, which went through instantly, and I was told that I would receive them in a few days’ time. Three days later, the money was back in my account and I had a little note saying, “Sorry, we don’t send to Northern Ireland any more”. That is happening over and again. It is a divergence of trade. Article 16, as was mentioned, should have been brought in months ago. This is a disgrace. Even if he cannot respond in any other way than his brief, I hope the Minister realises deep down that this is outrageous.

[Baroness Lawlor (Con)]

My Lords, I support the noble Lord, Lord Dodds, and I am very pleased that he has raised his concerns about these regulations on retail and plant safety made under the Windsor Framework. I share those concerns on two main grounds.

First, there is the impact on trade, about which noble Lords have spoken. I draw your Lordships’ attention again to the report of the European Affairs Committee’s sub-committee on the Windsor Framework in respect of plant trade. It pointed out that plants such as prunus, hazel and hawthorn are on the prohibited list and so must use the red lane. As noble Lords know, these are vital to the hedgerows and ecosystems of both islands: the whole of the island of Ireland, including Northern Ireland, and of the UK. We ought to look at the problem as a whole.

My second concern is about who can send or receive these items. To the best of my knowledge, unless you are a registered provider you cannot use the green lane. This will eliminate internet providers, many of which are small businesses that rely on internet trade. It will undermine such providers’ competitiveness. Needless to say, I am also concerned about the impact of these regulations on producers in Northern Ireland, who will suffer a competitive disadvantage vis-à-vis the Dublin Government’s arrangements with the EU.

Finally, the constitutional status of Northern Ireland should prompt His Majesty’s Government to rethink the whole premise of the Windsor Framework. I understand that it is an easement, but it should be seen as an easement in some respects for certain areas of trade and certain traders. It should not be seen as an end in itself until the whole arrangement respects the constitutional status of Northern Ireland under both the Good Friday/Belfast agreement and the protocol. The noble Lord, Lord Dodds, referred to Article 1(2), but the whole protocol respects the constitutional status of Northern Ireland. We are undermining that by giving our consent to regulations that do not accept the premise of the Good Friday/Belfast agreement or even the Northern Ireland protocol.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, at paragraph 7.10 the Explanatory Memorandum says:

“The Windsor Framework establishes a new, sustainable and durable framework for GB-NI trade … This instrument is required in order to implement the Framework”.


In coming to consider the regulations before us, it is possible to assess whether they are worth while only if noble Lords first ask what their purpose is? As other noble Lords have mentioned, both instruments relate to EU Regulation 2023/1231, whose object is to affirm and effect two different border arrangements, one of which is less destructive than the other. As such, the regulations are not about removing any sense of border in the Irish Sea, as the Prime Minister suggested, but rather they are concerned with providing two different border experiences. Notwithstanding their differences, they are both united in upholding a border that can be negotiated only with an export number, customs and SPS paperwork—the extent of which, as my colleagues have said, varies depending on which set of border arrangements you use—at least 100% documentary checks, 5% to 10% identity checks and some physical checks at border control posts. This plainly does not give effect to the reintegration of Northern Ireland into the UK single market but, rather, puts in place mechanisms to process the challenges arising from the fact that, rather than Northern Ireland being integrated and enjoying unfettered customs and SPS access, fettering is being put in place, with costs and profit-loss margins recalculated and commercial decisions revised accordingly.

Given that rather than removing the border, these regulations are concerned just with the details of the border arrangement and the extent of SPS border bureaucracy and cost, the question necessarily arises about whether it is right to support regulations that have the effect of affirming and effecting aspects of the border and EU Regulation 2023/1231. The question is: why have a border? What is it for? It is there to protect the integrity of the different legal regime that exists in Northern Ireland from what might come to Northern Ireland and from the different legal regime that exists in Great Britain. That confronts us with a central difficulty that some might be willing to paper over and ignore but that we unionists living in Northern Ireland have not the luxury of ignoring: the fact that every one of the different laws in Northern Ireland is a result of legislation that has been imposed on us by the EU without our consent.

The Windsor regulations are concerned with navigating the border and thus affirm it in at least two ways. First, they authenticate the border by making provision for dealing with it through EU regulation 1231, which is based on the existence of the border. Secondly, in engaging with the EU regulation that I have mentioned, the regulations inevitably authenticate the principles set out at the heart of Article 14: that the EU can impose a division on the body politic of the United Kingdom as exists between separate states. Some 700 different pieces of legislation have been imposed on us since January 2021, and of course over time the divergence will become greater as more new EU laws are passed and as more laws are made by Westminster. EU laws will be imposed on Northern Ireland without any representation or democratic accountability. I ask Members of your Lordships’ House whether that is acceptable? Would it be acceptable for England, Scotland or Wales? Why, then, for Northern Ireland? The border created by these regulations must be rejected not only because it places obstacles between Northern Ireland and our main market in GB but because it is a symbol of our denial of full democratic rights within the United Kingdom. It tells us, the long-suffering people who have recently endured a murderous campaign for over 30 years, that while the people of England, Wales and Scotland are worthy of the right to stand for election to make the laws to which they are subject, the people of Northern Ireland are not. The right that we should enjoy, being British, is having a common citizenship with every other citizen of the United Kingdom, but these regulations prove otherwise and therefore ought not to be accepted.

When we carefully consider what we are asked to support today in these regulations, I say so much for respecting the territorial integrity of the United Kingdom and the consent principle which we were told lay at the very heart of the Belfast agreement. The agreement said

“it would be wrong to make any change in the status of Northern Ireland save with the consent of a majority of its people”.

It prohibits any change in the constitutional status of Northern Ireland that involves a shift away from government by the United Kingdom towards more government by the Republic of Ireland or the EU, save with the consent of the majority of the people of Northern Ireland. The words “any change” include the threat that often emanates from some Members opposite, that if unionists do not get back to Stormont, Northern Ireland will be governed by a cabal of UK and Republic of Ireland Ministers. In reality, the suggestion is to bin the central principle of the Belfast agreement—an international agreement, we are told, that numerous Governments across the world heralded as historic and must not be broken; it is set in stone. However, the Government have chosen to mark the 25th anniversary of the Belfast agreement by rejecting parts of it in agreeing the Windsor Framework and hoping that no one notices.

The Windsor Framework and its forerunner, the Northern Ireland protocol, were mischievously sold on falsehood. Learning the lessons of the past, unionists are fed up with successive Governments’ spin and will not be beguiled by it, but we will carefully scrutinise the substance. I notice that the spin continues—my noble friend Lord Weir referred to it—because the Government suggest that what is happening under the present arrangements, which started only on 1 October, is a resounding success, when, in fact, it has not been really implemented. That undermines credulity, but it satisfies the government spin-makers. We are told to welcome warmly the PM’s amazing achievement with Europe concerning the Windsor brake. However, it is a convoluted complaints procedure which, when the dressing is removed, has as much chance of succeeding as a genuine brake on Europe as refloating the “Titanic”.