Windsor Framework (Enforcement etc.) Regulations 2023

Baroness Ritchie of Downpatrick Excerpts

Tuesday 19th September 2023 Grand Committee

Finally, I note in passing that, as well as being the subject of the Windsor Framework (Enforcement etc.) Regulations 2023, enforcement is also completely central to the Windsor Framework (Retail Movement Scheme) Regulation 2023, Regulation 11 of which requires the competent authorities to assess goods coming into Northern Ireland on the basis of potential risks, such as disease. However, Regulation 11(2)(b) and (d) to (f) then bizarrely define risk in terms of capacity to conduct checks with respect to available staff and facilities. An enforcement requirement is thus made and effectively withdrawn in the same regulation on grounds of lack of capacity. Is this not a cynical device for encouraging people to conclude in the aftermath of 1 October that Windsor has been a lot less disruptive than usual because this will prevent us seeing what it is really like until July 2025 when the border control posts are ready? Have His Majesty’s Government discussed with the EU the implications of Regulation 11(2)(b) and (d) to (f) on the capacity of the border to meet both the demands of EU Regulation 2023/1231 and the demands of the red lane between 1 October 2023 and 31 July 2025? Have His Majesty’s Government been forced to give an assurance to the EU that Regulation 11 will be repealed, in whole or in part, on 1 August 2025 on completion of the border control posts at Larne, Warrenpoint, Foyle and Belfast?

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I thank the Minister for his presentation of these Windsor Framework regulations. I have to declare an interest as a member of two of your Lordships’ House’s committees, the Secondary Legislation Scrutiny Committee and the European Affairs Committee’s Sub-Committee on the Protocol on Ireland/Northern Ireland. Last week in the Secondary Legislation Scrutiny Committee we considered these regulations.

I come to this debate as someone who supports the Windsor Framework and wants to see it implemented for the good of business development, so that people and businesses can avail themselves of access to the UK internal market and the EU single market. There needs to be a driver for that process. I note rather sadly that we do not have political institutions as per the Good Friday agreement up and running at the moment. I also note an indication on BBC Radio Ulster that the UK Government intend to drive on with the implementation, from their perspective, of the Windsor Framework. Can the Minister confirm that in summing up and whether that indicates that the Government have a little confidence in the resumption or restoration of political institutions?

Although I have indicated my support for the Windsor Framework, there are certain issues with the regulations, which were raised last week in our Secondary Legislation Scrutiny Committee. There is a pattern across a lot of these SIs; there is a lack of a proper Explanatory Memorandum in some instances and of a proper impact assessment. The Explanatory Memorandum says:

“A De Minimis Assessment for this instrument has been completed”.


However, the advice given to our committee stated that there was a lack of a proper impact assessment. Maybe the Minister can advise us on why that was the case.

Can the Minister also indicate what consultation took place with stakeholders? We were told that there was consultation with businesses, but what businesses and how many, and who was consulted? I do not think the wider community would have taken part in this consultation. However, I talked to a business representative last Friday and they were most anxious that the simple detail was provided to businesses. When our protocol committee undertook our assessment and evidence-taking on the Windsor Framework in the spring and early summer of last year, and when we published our report at the end of July, there was a clear indication from all businesses that gave us evidence that there was a lack of detail regarding labelling and the implementation framework. That implementation framework enforcement is in these regulations, so it is sad to say that only some six to seven months later do we have the legislative framework. If that had been in place earlier, we would not have had the same level of complaints from the business community. We simply want to get on with proceedings.

Today in our protocol committee we were giving consideration to future short inquiries. One area where there has been a lack of information, and simply an extension of the grace period, is the whole area of the SPS agreement for veterinary medicines to the end of 2025. Can he say, as a Defra Minister, when there will be final negotiations and a final decision on that SPS agreement for veterinary medicines? After all, the agri-food industry is vital to Northern Ireland and our economy. I fully accept and agree with the point that, as regards animal health, Ireland is considered as a single epidemiological unit. I believe in the protection of food safety, so I want to see these regulations implemented as quickly as possible. It is sad that they were not available earlier in the year for businesses to answer their many queries on labelling and enforcement. Perhaps the Minister can also indicate when the permanent SPS infrastructure at the ports of Belfast, Larne and Warrenpoint will be completed.

[Lord Dodds of Duncairn (DUP)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Ritchie, with whom I have the pleasure to serve on the Northern Ireland protocol Select Committee, to which she referred. I endorse what she said about the need to get resolution on veterinary medicines. We heard evidence last week, from the Ulster Farmers Union and others, about the serious implications of the failure to resolve that issue. The indications coming out of Brussels are that it is not interested in a solution that would guarantee the continued flow of Great Britain vaccines and other medicines for veterinary purposes to Northern Ireland. I would like a timescale from the Minister of when he expects farmers and the agri-food industry in Northern Ireland to be reassured that that matter will be resolved so that they can continue to access British veterinary vaccines and other medicines in the same way that they do now.

Unlike the noble Baroness who just spoke, I do not regard the Windsor Framework/Northern Ireland protocol as a fair and balanced resolution to our problems with the free flow of trade between parts of the United Kingdom. This is very much a process that has protected certain parts of the Belfast agreement, as amended by the St Andrews agreement—namely, the north-south arrangement—but that has completely trashed the east-west relationship and the strand 1 relationship at Stormont. We can see that because there are no functioning institutions of strands 1, 2 or 3. People say that the Windsor Framework and the protocol are designed to protect the Belfast agreement, but show me the evidence of that. It has trashed the Belfast agreement and its institutions.

The Windsor Framework is now being implemented by a series of statutory instruments, through both negative and affirmative resolution. The noble Baroness referred to news reports about the Government taking further powers—that may well be. It sometimes makes you wonder why they talk about wanting to get the Assembly back so much, because all they do is keep taking powers from it and devolved Ministers. There is not much regard for the Sewel convention or any of that, and then they ask people to go back and administer less and less of what they should be administering. For vast swathes of our economy and the agri-food industry, no Member of the Northern Ireland Assembly of any party—unionist, nationalist or whatever—or any MP from Northern Ireland has any powers to make any laws in those areas. We are told that the Assembly must get back to administer Northern Ireland, but those powers have been taken away from Northern Ireland and from elected representatives in the other place and this House.

These are fundamental issues; they are not small matters but fundamental constitutional, political and economic issues. That is why we feel so strongly about these areas, and we will continue to expose a Government who claim to uphold the union but continue, as my noble friend Lord Morrow exposed in considerable detail, to implement EU laws over part of the United Kingdom. That is the nub of the problem.

This statutory instrument is one of those related to the Windsor Framework/Northern Ireland protocol, and it requires an affirmative vote in Parliament. The retail movement scheme statutory instrument, which was laid during the Summer Recess, is being implemented under the negative resolution procedure. Other important statutory instruments required to build the Irish Sea border and conform internal UK trade arrangements— I stress “internal”—with EU law are also being tabled by this Government under the negative resolution procedure.

The Secondary Legislation Scrutiny Committee has examined the regulations in front of us, as well as others. They are interlinked, as has been said, yet we have not been able to debate them—so far, that is; I am sure that we will find ways of getting them debated in due course. Up to now, the Government have not sought a debate on some of the most important regulations, including on the retail movement scheme itself. That is deeply regrettable.