Customs Miscellaneous Non-fiscal Provisions and Amendments etc. (EU Exit) Regulations 2020

Baroness McIntosh of Pickering Excerpts

Tuesday 19th January 2021 Grand Committee

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I add my thanks to my noble friend for presenting these regulations. My questions are not dissimilar from those that have gone before.

Are ENS declarations already happening? Is this a new form that has been devised, and will it be done digitally? Although I do not for a minute imagine that Hull will be the first port of call for goods coming from Northern Ireland, I was dismayed to learn—perhaps my noble friend will confirm that it is true—that HMRC has closed its offices in Hull. That begs the question: to what extent has HMRC closed its offices in other ports around the United Kingdom? It strikes me that having men and women on the ground at HMRC who can explain matters in good time to traders who will rely on the ENS is absolutely at the forefront of what HMRC should be doing. I do not know whether it is true that the HMRC offices in Hull have closed but it would be a matter of concern to me if they had.

I understand that the ENS will apply only to goods caught under Section 30C of the Taxation (Cross-border Trade) Act, and that goods that are not subject to a duty will not require an ENS. Looking at the list of non-qualifying Northern Ireland goods, which has been rehearsed by other noble Lords, I cannot imagine that many will fall into this category, but presumably my noble friend will be able to give us a forecast of the number of occasions on which the Government expect an ENS to be required. Like my noble friend Lord Dodds, I would be interested to know whether there will be an additional cost, or at least an additional time factor, in delivering these.

While it is welcome that a two-hour limit is imposed on the submission of an ENS applying to goods arriving in Great Britain by sea from the Republic of Ireland, how realistic is that? Given the time available between the statutory instrument being introduced and made effective by the end of the transition period, to what extent has training been given to those to whom this statutory instrument applies?

I may be wrong, but I cannot imagine that there will be rough diamonds, endangered species or persistent organic pollutants coming from Northern Ireland to the rest of the United Kingdom—or indeed GMOs, because I understand that we are not at this stage seeking to have a flood of GMO products coming in. I hope that does not change too soon. One reason why I think the Government are introducing this instrument is to ensure that Northern Ireland does not become the back door to Great Britain for some of these non-qualifying goods from the rest of the EU. It is probably difficult to say at this stage to what extent ENS will be used, but it would be very helpful to know what forecast and assessment my noble friend and his department, the Treasury, made prior to the statutory instrument taking effect.

Will the ENS be completed digitally? Since, for the most part, we have been in a customs union and a single market with the rest of the EU for the past 30 years—the single market since 1992 and the customs union for a good deal longer—I hope that my noble friend will confirm that some training and explanation have been given to exporters and importers to whom this will apply.

Can my noble friend explain for my greater understanding of the statutory instrument, which, as he said, is very technical, whether there will be two separate regimes: one for goods coming from Great Britain to Northern Ireland and another for goods going from Northern Ireland to Great Britain? That would be very helpful to know. With those few remarks, I would be very interested to hear my noble friend’s answers.

Economic Update

Baroness McIntosh of Pickering Excerpts

Tuesday 12th January 2021 Lords Chamber

[Lord Agnew of Oulton (Con) [V]]

My noble friend raises important points. As I mentioned earlier, we are a few days into an enormous change in how trade operates across GB and the EU, and across GB and NI, but I reiterate the Government’s absolute commitment to keep the friction between GB and NI to an absolute minimum. We are doing everything we can to do that. I ask my noble friend to bear with us, because there will be a learning process over the next few weeks.

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, the night-time economy contributes, in its heyday, over £66 billion per annum in revenue and employs 8% of the workforce—a disproportionate number of whom are young people, helping motivate them and often launching them on a career. Will my noble friend look carefully at what specific long-term help can be given to all businesses in the night-time economy, not just bars, nightclubs, restaurants and street vendors but also those that advise them—marketing companies, record labels, agents, managers, PR companies, taxicabs and newsagents—to enable those which are not facing ruin in the meantime to bounce back sustainably?

[Lord Agnew of Oulton (Con) [V]]

The noble Baroness raises a very important point. I share her concern for this sector because, as she quite rightly says, it is not just about bars and clubs but our cultural heartland—theatres and everything that goes with it. I reassure her that this is very much on the Government’s mind and will be addressed as we come out of this crisis.

EU-UK Trade and Cooperation Agreement

Baroness McIntosh of Pickering Excerpts

Friday 8th January 2021 Lords Chamber

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I also warmly welcome my noble friend Lord Wharton and congratulate him on his maiden speech.

This is definitely an agreement towards a relationship on which we can build, so that is very positive. However, I urge my noble friend the Minister to turn to some urgent matters in the first few days of the agreement being in place. In particular, while I welcome that the agreement has led to no tariffs or quotas, I am sure that he will share my concern on the rules of origin provisions and country of origin rules. He was silent on this point but already it is having grave repercussions for our food and drink industry, which is the largest manufacturing industry in the country. Will he therefore urgently address the issue so that products such as pies, sausages and other processed meats can be exported fresh rather than just frozen, which is the position from 1 January?

I realise that the bottleneck at Dover has been eased at the moment as we are currently running at only about 15% of its 2019 capacity, but will my noble friend look favourably on increasing the freight capacity on east coast ports? I think in particular of the capacity that has been released with the sad loss of the Hull to Zeebrugge ferry service, but also increased capacity through other east coast ports, to ensure that northern businesses such as Potter of Melmerby and Reed Boardall of Roecliffe do not have to trundle down to Dover to access the EU market.

There is a severe shortage of vets, which has been exacerbated by the fact that we now require vets in connection with the urgent release of export health certificates. Perhaps my noble friend can address that, as well as the loss of access to the European Food Safety Authority and what will replace it.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, we need to have a short break to allow for the digital switchover of noble Lords taking part remotely.

European Union (Future Relationship) Bill

Baroness McIntosh of Pickering Excerpts

3rd reading & 2nd reading & Committee negatived & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard) & Committee negatived (Hansard): House of Lords
Wednesday 30th December 2020 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate both negotiating teams on concluding the agreement before us today in this Bill, and I welcome the fact that there is a deal allowing the United Kingdom to transit out of the European Union in an orderly fashion. However, I would like to pause and consider the plight of the great British banger, which seems to have fallen foul of the rules of origin—as indeed has milling flour. I urge the Minister to use the next three months before the Bill finally comes into full effect on 28 April 2021 to ensure that the British sausage will again be allowed to be exported to Northern Ireland and the European Union. This is one of the unintended consequences of the Bill being drawn up at short notice, which brings many benefits but has a number of unintended consequences as well.

I will take this opportunity to pursue parts of the Bill with my noble friend, and I hope that he will respond in his summing up. It was mentioned earlier that financial provision 8 allows for either party, by written notification through diplomatic channels, to terminate the agreement. So the whole agreement could be terminated unilaterally by one or other party. Is that really something that the Government intended? Obviously, they have agreed to it, but is it right that it should be terminated simply by notification, even through diplomatic channels?

Pursuing the point made by the noble Earl, Lord Kinnoull, on the architecture that is set out in this Bill, what will be the role of both Houses of Parliament in those institutions which form the architecture set up by the agreement? I hope that we will play a full role in that because, as my noble friend Lord Cormack and others have said, we want to repair some of the damage caused to relations with the European Union and individual member states.

There will be a review of the agreement every five years. What form will that review take? As regards the implementation of judicial agreements, do the Government have a date in mind for the adoption of the Lugano Convention, which would enable recognition and enforcement of civil and commercial judgments to ensure that the rule of law is maintained through the agreement and the Bill before us today?

Finally, on Erasmus, I believe it was the lack of knowledge of foreign languages by parliamentarians, officials and businesses, that has led us to the state we are in today. If so, I do not believe that abandoning the Erasmus programme is the answer.

Taxation (Post-transition Period) Bill

Baroness McIntosh of Pickering Excerpts

2nd reading & Committee negatived & 3rd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard) & Committee negatived (Hansard): House of Lords
Wednesday 16th December 2020 Lords Chamber

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I give a very warm welcome to my noble friend Lord Sharpe of Epsom and congratulate him on his first-class maiden speech. How lucky we are to benefit from his broad experience in so many different fields. He is very welcome indeed. I also congratulate my noble friend the Minister on bringing forward the Bill, albeit at this late stage, but without the “notwithstanding” clauses.

I want to press my noble friend the Minister on certain issues that are not on, or not immediately apparent and clear on, the face of the Bill. As he will be aware, we on the EU Environment Sub-Committee were very fortunate this morning to take evidence from those concerned with the agri-food sector and goods moving into Northern Ireland from continental Europe from 1 January. Is he minded to acquiesce to their request for a period of grace for a minimum of two months, but ideally of between two and six months, which others referred to as a period of adjustment, given the months of uncertainty and continuing lack of clarity, even with the publication and debate of the Bill today? Can the Government clarify the status of the UK global tariff regime? It was published in May, but we heard from a witness today that there is still a lack of customs data, trade statistics and tariff availability for imports.

Also, as others have mentioned, the trusted trader scheme will play a vital role, particularly in Northern Ireland, in preparing the flow of goods and unfettered access to which the Government are committed, which I applaud. With a budget of £2 million to fund the scheme, can my noble friend confirm that all 800 staff have been hired and trained and are ready to give the advice that will be required? Customs clearance will be required for all goods entering Northern Ireland from England, Scotland and Wales. What is the state of preparedness within HMRC regarding the additional 220,000 forms? Have all the necessary customs agents been appointed and trained, and are they in place and ready to go?

Regarding the abolition of tax-free shopping for overseas visitors, what is the up-to-date assessment of the loss of this trade for major stores not just in London but across the United Kingdom—in Birmingham, Manchester, Cardiff, Belfast and Edinburgh? What will the damage be? Does my noble friend share my concern that this will be removed from the UK market and that all the trade from which we have benefited over so many years will go to Paris, Amsterdam and Frankfurt, our near neighbours?

I end with specific requests flowing from the Bill. The first, as I set out at the beginning, is for a period of grace of between two and six months, to ensure that those asking to abide by the rules, which are not yet clear, will have the time to make the rules familiar with them, so that they can apply them from perhaps 1 April or 1 June. Also, can my noble friend confirm the status of the UK global tariff regime for imports? On the question of equivalence on phytosanitary measures, can he look at whether it should be veterinary surgeons alone who issue these environmental health certificates that will be required, or whether others might be more suitable, given the current shortage of vets, to enable these certificates to be issued in time?

Finally, can my noble friend give us a programme of when the implementing instruments will be in place so that we have a position at least to familiarise ourselves with them? I welcome the Bill and wish it a fair passage through Parliament.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

My Lords, the noble Lord, Lord Desai, and the noble Baroness, Lady Wheatcroft, have withdrawn, so I call the noble Baroness, Lady Bennett of Manor Castle.

UK-EU Withdrawal Agreement

Baroness McIntosh of Pickering Excerpts

Thursday 10th December 2020 Lords Chamber

[Lord True (Con)]

My Lords, the Government, as I said at the outset, have asked for nothing more than an agreement similar to the Canada free trade agreement and other agreements that the EU has struck with other nations. It is for the noble Lord to decide, if the EU wishes to refuse that request, whether that is reasonable or unreasonable.

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I urge my noble friend and the Prime Minister to push the boat out, so to speak, to get an agreement. If the European Court of Justice is not to be the dispute resolution mechanism for the Northern Ireland protocol, what resolution mechanism does he have in mind?

[Lord True (Con)]

My Lords, on the details of the mechanism proposed under the protocol, as well as the protocol statement that has been made, my noble friend will find that a number of draft decisions are also being laid before Parliament setting out in greater detail the arrangements agreed, which include provision for the settlement of disputes.

European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020

Baroness McIntosh of Pickering Excerpts

Monday 30th November 2020 Grand Committee

[Baroness McIntosh of Pickering (Con)]

I want to take this opportunity to thank my noble friend for introducing the regulations before us and for the fact that they follow the affirmative procedure, enabling us to have a small debate on them.

In its 31st report, the Secondary Legislation Scrutiny Committee devoted just one paragraph to these regulations:

“This is an important technical instrument, necessary to ensure that the statute book operates correctly after Implementation Day.”


It concludes:

“The instrument provides a general gloss to ensure that the correct interpretation of any EU instrument applies. Cabinet Office states that statutory instruments being prepared by other departments in order to implement the Withdrawal Agreement, including the Northern Ireland Protocol, are relying on these glosses.”


I am somewhat confused as to what “gloss” means. To me, if you put a gloss on something, it potentially puts a spin on it. I could not find in the document that this was a term my noble friend’s department used—probably for a very good reason. I would be interested to know what gloss he puts on that interpretation in the report.

Obviously, we discussed these issues at some length during the passage of the two Acts to which my noble friend referred, and the instrument today helpfully sets out the sources of retained European law. One is missing, namely case law from the European Court of Justice, presumably up to the end of January this year but potentially up to the end of December this year. It is not clear to what extent we will have any regard to EU case law as agreed by the European Court of Justice. Obviously, we will not refer cases, because the Government have been very clear about that in the past. However, there may well be an expectation among some companies that feel that they are affected by this statutory instrument that they would have the right to rely on that case law in a UK court. I would be interested to know whether that is true in my noble friend’s view when he comes to sum up.

Another category of EU law on which I questioned my noble friend and his colleagues during the passage of those two Acts, and which particularly interests me, relates to the environment and agriculture generally, where these instruments of EU law were agreed but were not implemented by the end of 31 January 2020. To be honest, I do not have a clue whether they are ambulatory or non-ambulatory, but I would be very interested to know what decisions have been taken in regard to the applications of those instruments, whether they will be applicable to citizens and companies in this country and whether they can rely on them going forward.

Paragraph 2.8 of the Explanatory Memorandum, on page 2, helpfully says:

“The interpretation legislation amended by this instrument is not EU law; it is domestic legislation, which is being updated in consequence of”


the two Acts to which my noble friend referred, as he said. Paragraph 6.4 on page 4 sets out retained EU law without, as I say, including what I would consider to be EU law, namely the case law that has been decided during the course of this year. Paragraph 6.7 on page 4 states that the two Acts

“provide temporary powers to make provisions that Ministers consider appropriate in consequence of those Acts.”

In that regard, does my noble friend expect to come back at a future date to repeal other provisions of EU law, if he and his department intend to keep this under review? Paragraph 7.4 states:

“Where there is a dual meaning, the interpretive provision applicable to references to EU legislation that have effect as relevant separation agreement law will apply to the extent that the EU legislation takes effect as relevant separation agreement law.”


Paragraph 7.5 continues:

“These interpretive provisions are needed to ensure that the legislative framework for the Withdrawal Agreement and the Protocol on Ireland and Northern Ireland operates effectively.”


Paragraph 7.7 states that Regulation 3 makes amendments to the European Union (Withdrawal) Act 2018

“to provide how existing ambulatory references to EU instruments that will have effect as relevant separation agreement law are to be interpreted after IP Completion Day. Ambulatory references are references to EU instruments that automatically update when the EU instrument is updated.”

I do not intend to use the full time that has been generously allocated to me, but I will end on a general question. With all interpretations of EU law that is now deemed to be retained EU law for UK purposes, in the event of a disagreement, who will interpret the provisions? Will it be the Minister’s department that is the ultimate arbiter, or will recourse to the courts be required? I understand that, probably still, one potential niggle that might be delaying the conclusion of a deal with the EU 27 this week—perhaps he could comment on this—is what the dispute resolution mechanism will be. Is there any update in that regard?

With those few words, I welcome this opportunity to consider the instrument that the Minister was kind enough to set out this afternoon.

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

The noble Lord, Lord Bhatia, is having technical difficulties. In the circumstances, we will move on to the noble Lord, Lord Thomas of Gresford.

Northern Ireland Protocol: Implementation Proposals

Baroness McIntosh of Pickering Excerpts

Thursday 19th November 2020 Lords Chamber

[Lord True (Con)]

I disagree with the noble Baroness. The Government are committed to human rights principles and to the maintenance of the Good Friday agreement.

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, the Northern Ireland protocol commits to “unfettered” access for all goods, including agri-foods. Does my noble friend accept that there will be a new legal obligation for submitting a customs declaration for import and export purposes that will both take time and incur expense to fill in? How does that square with the commitment to unfettered access?

[Lord True (Con)]

My Lords, unfettered access from Northern Ireland to GB will be sustained and there will be no customs checks. So far as GB-NI is concerned, any control will be at a very minimal level, with risk assessment and administration undertaken by UK authorities.

Customs Safety, Security and Economic Operators Registration and Identification (Amendment etc.) (EU Exit) Regulations 2020

Baroness McIntosh of Pickering Excerpts

Thursday 19th November 2020 Lords Chamber

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I am delighted to support these regulations. Like my noble friend Lady Altmann, I have a couple of questions. In particular, mindful of the fact that the waiver is coming into effect at quite a late stage in the day, and in response to questions from the Secondary Legislation Scrutiny Committee in preparing its report on the regulations before us today, HMRC replied:

“The NI Protocol requires HMG to implement the Union Customs Code in NI. As a result of this, some movements between GB and NI will attract a Safety & Security requirement, but the full extent of this is the subject of ongoing negotiations between the UK and the EU. Traders will be able to access help from the new Trader Support Service in NI to support them meeting their requirements.”


I want to ask in particular when the Trader Support Service will be up and running. Reference has been made twice in proceedings today to how businesses in Northern Ireland can rely on the Trader Support Service. We on the EU Environment Sub-Committee took evidence on the importance of unfettered movement between Northern Ireland and Great Britain under the Northern Ireland protocol, and it is essential that businesses have the best guidance and support that they can get. I therefore hope that my noble friend Lord Agnew will be able to explain to us today what state the Trader Support Service will be in to give them the best possible advice.

Mindful of the fact that the negotiations are still ongoing, I am rather amused by the adverts that the Government have put out. I know they are meant to be helpful and I think they will be in the long run, but they are inviting businesses to log on to a website to prepare for the new arrangements, and it is incredibly frustrating for them because they do not yet know what those arrangements will be. What is the lead time between the negotiations ending and knowing what the new arrangements will be? It was a source of some disappointment to us on the EU Environment Sub-Committee that, until quite recently, there had been no formal discussions between the Northern Ireland Assembly, businesses, the Westminster Parliament, and, I presume, HMRC. Can the Minister confirm today that that is no longer the case?

Like my noble friend Baroness Altmann, I note that there will be additional burdens and one-off costs. However, paragraph 7 of the Secondary Legislation Scrutiny Committee report states that

“it will be a new legal obligation and an additional cost to submitting a customs declaration for import and export purposes”—

and that was the response from HMRC to inquiries from that committee. I understood that there are not meant to be any significant checks so I am slightly surprised to learn that there will be a new legal obligation leading to the additional costs and burdens of completing a customs declaration. Does the Minister have any idea how long it would take to fill in such a customs declaration?

I hark back to the days when I was first elected as a Member of the European Parliament in 1989. For the first three years, we were not in the single market, so for import and export all businesses had to complete about 20 pages or more of customs declarations. As the local MEP, on occasion I was phoned up and asked to intervene—through the good offices of government departments—to make sure that these customs declarations could be completed and dispatched to enable the goods to move. Agri-foods are perishable goods, and it could ruin a whole load if there was a delay of longer than the—I think—four hours pre-arrival for one form of declaration and two hours pre-arrival for both. If these time limits were to be exceeded, it could pose serious problems for the transporters and the logistics for these perishable goods.

I am interested to learn how my noble friend will respond to these few remarks in connection with the regulation he has presented today.

Public Procurement (Amendment etc.) (EU Exit) Regulations 2020

Baroness McIntosh of Pickering Excerpts

Monday 16th November 2020 Grand Committee

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I thank my noble friend the Minister for introducing an important SI to the Committee. Could he set out, as page 9 of the Explanatory Memorandum mentions, the sequence of events for Britain applying to join the GPA? Is there any possibility that our application might be refused? What is the procedure for signing up to the new arrangements? I note that paragraph 7.30 of the Explanatory Memorandum says that the Trade Bill is

“highly unlikely to have completed its parliamentary passage”

and its implementing regulations adopted. Paragraph 7.32 then says that

“it is likely that the extension of existing duties … will be revoked and replaced.”

That begs the question of what the sequence of events will be. It would be helpful to know that there will be a smooth transition to the GPA.

I note that the Minister set out today and in one of the stages of the Trade Bill that the threshold for the GPA and EU public procurement arrangements are virtually the same—about €135,000. This is obviously a multi-million pound business. I wonder to what extent the Government encourage our businesses to bid in particular for food and agricultural products to supply schools, hospitals, prisons and other public bodies in other countries. Without this public procurement there would be huge benefits to our local farmers and producers supplying our very own schools, hospitals, prisons and other public bodies with locally sourced meat. It would be helpful to know that they will be encouraged to bid for this wider market in so far as it is feasible.

One remaining question, to which my noble friend referred—and I declare that I am a non-practising Scottish advocate—is that the definition of “lawyer” has been changed. Is that to take account of the United Kingdom Internal Market Bill? I just wondered for what particular reason the definition has been changed at this stage.

I would like to know what the sequence of events is for us joining the GPA, to be sure that it will be a smooth transition, and that the Government are doing everything in their power to bring these contracts for public procurement to the attention of the relevant businesses to enable them to apply for what could be a costly tender.

[The Deputy Chairman of Committees (Lord Brougham and Vaux) (Con)]

I call the noble Lord, Lord Bhatia. Lord Bhatia, are you there? I call the noble Baroness, Lady Wheatcroft.