United Kingdom Internal Market Bill

Gavin Robinson Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 29th September 2020 Commons Chamber

[Gavin Robinson (Belfast East) (DUP)]

Will the Minister give way?

[Paul Scully]

Yes. [Interruption.]

[Gavin Robinson]

I am grateful to the Minister for allowing me to come in at this point. There is no need to consider what steps would be taken in that scenario, given this new clause. It is open to the Government to accept the new clause and thus give clarity and comfort to businesses in Northern Ireland who do not know, but suspect, that there may be divergence, difference and associated costs. Nothing that he has said thus far would be injurious to his position or frustrate his hon. Friends in supporting the new clause this evening.

[Paul Scully]

I heard cries from the Opposition Benches, but I think it is fair that I give way to Members who have tabled amendments.

We will obviously consider how we reduce the burden further, but we do not think it necessary at this stage to make such reporting a statutory requirement or, notwithstanding what the hon. Gentleman said, to frame it in the very broad terms set out in the new clause.

Amendment 17 deals within the mutual recognition of authorisations granted under the EU’s REACH—registration, evaluation, authorisation and restriction of chemicals—regulation. It would automatically allow substances authorised to be placed on the market in Northern Ireland under REACH to be placed on the market in Great Britain. The acceptance of mutual recognition that we have introduced for chemicals in schedule 1 is there to allow the relevant authorities to respond to local factors. Authorisations granted by the EU after the end of the transition period will not take into consideration local conditions such as lower river flows or exposure levels where those chemicals are used in Great Britain. I would like to emphasise that authorisations relate to the use of substances of very high concern, such as chemicals that can cause cancer. It is important that the Government and devolved Administrations can take local factors into account in order to prevent avoidable harm to human health or the environment from the significant risks posed by such chemicals.

[Gavin Robinson]

That response is in precisely the same terms as the one we received last week in Committee, but we are not touching on, or interested in, what the local considerations may be. The fact is that this Bill, even though we are talking about non-discrimination and the implications that there could be for business, envisages businesses having to adhere to and satisfy two separate regulatory regimes. We cannot square the circle between discrimination and non-discrimination in two separate and distinct legal regimes, whether there are local factors or not; we should have to adhere to only one. From a business perspective and an animal welfare perspective, it would be useful to have clarity. We can have one or the other, but definitely not both.

[Paul Scully]

I understand the hon. Gentleman’s concerns, and obviously we are moving towards that one regime, when we can, but we are also already committed to working on a common framework for chemicals and pesticides policy. That common framework is being co-created by the Government and the devolved Administrations, and will allow us to co-ordinate policy making on matters such as REACH authorisations. Through this framework, the UK Government and the devolved Administrations will be required to set out the strategic direction for the UK regulatory regime, ensuring that existing environmental, human health and workplace standards are maintained, or exceeded where possible.

Finally, I want to discuss the amendments that address the power to provide financial assistance. By creating a new power for the Government to provide financial assistance in the areas of infrastructure, economic development, culture and sports, and education and training activities, the Government will deliver on the commitments upon which they were elected: levelling up, delivering prosperity for all our citizens and strengthening the ties that bind our Union together.

--- Later in debate ---

I simply make those points because I think it is really important that we put this into perspective. There has been a very heated debate over all this. All I can say is that I understand people’s concerns. It is extremely good that my hon. Friend has made the points he has. I know that he regards this as a last resort, and also as a threshold and the bar that he has talked about the other day. However, I will simply say this: nothing could be higher than the bar of the sovereignty of this House of Parliament in relation to its representative nature. It is right to be able to legislate on behalf of the voters of this country, and in December last year we got a majority of 80 from the British people. This legislation has been passed on that basis, and that is something I think we should be proud of.

[Gavin Robinson]

It is a pleasure to follow the hon. Member for Stone (Sir William Cash). He is right to chide the European Union about seeking to interfere with the integrity of this sovereign nation. However, the end of that sentence should encapsulate the disappointment of some of us at the fact that our own Government would accept a framework that seeks to do just that.

That brings me to our amendments, which are in my name and those of my right hon. and hon. colleagues—both new clause 7 and amendment 17. Last week, Madam Deputy Speaker—it is a pleasure to address you in that way—a very concerned constituent of mine, Mike, chided me engagingly, as he always does, for referring to you in personal terms. I had to outline that that was because we were, for day after day, in Committee, so it is good that we are on Report. I am mindful of the time constraints, so I do not intend to rehearse the many sincere arguments that we advanced in Committee that lie underneath our amendments, but I will touch on them in relation to new clause 7 and amendment 17.

I listened carefully to the Minister, who is now back in his place, when he spoke about amendment 17 in his opening remarks, which, as I mentioned in my intervention, replicate quite closely those of the Minister of State, Northern Ireland Office, the hon. Member for Worcester (Mr Walker):

“I understand Members’ concerns and support mutual recognition and the non-discrimination principle, but the exception to mutual recognition that we have introduced for chemicals is there to allow the relevant authorities to respond to local factors. Authorisations granted by the EU after the end of the transition period will not take local conditions into consideration. I emphasise that the authorisations relate to the use of substances of very high concern. It is important that the Government and devolved Administrations can take local factors into account when they decide how to protect human health or the environment from the significant risks posed by such chemicals.”—[Official Report, 21 September 2020; Vol. 680, c. 658.]

That is a fair enough analysis of why we should be within the UK regime on REACH regulations, but the thrust of this Bill is to ensure that our businesses are not unfairly disadvantaged in the conduct of their activity. I have highlighted in Committee and I highlight again today the fact that it is unnecessary to ask businesses to adhere to two separate and distinct regimes on chemicals and dangerous substances—an EU regime and a UK or GB regime—in the conduct of their business.

I heard the Minister say, in response to my intervention, that the Government were working on a common framework, but in pushing this amendment, we are asking them to accept that this will have real, tangible implications for a small subset of our businesses. It demonstrates acutely the burdens that will be added to our businesses when we have one foot in the GB market and one foot in the European Union single market, with all the rules that come with that, and when we are expected to adhere to the rules of both jurisdictions. That will make our businesses less competitive.

[Jim Shannon]

To illustrate the “best of both worlds” that my hon. Friend has referred to, does he remember that as recently as last year two Northern Ireland skippers were arrested for fishing in waters within six miles of the Republic of Ireland, after an EU judgment? We never seem to get a good deal in Northern Ireland. Does he agree that that illustrates the importance of our new clause 7, which would guarantee a review of business and trade?

[Gavin Robinson]

My hon. Friend touches on new clause 7, which I will turn to in a moment. The egregious circumstances to which he refers, in which the skippers were arrested last year, were completely outrageous. However, Judge Coughlan in the south recognised that they were men of deep integrity, that they did not deserve convictions and that Irish fishermen were doing exactly the same in Northern Ireland waters. Had it not been for his clarity of thought, things could have been much worse.

[Sammy Wilson]

My hon. Friend makes the good point that businesses in Northern Ireland might have to adhere to two sets of regulations. Does he accept that there will be occasions when EU regulations could be totally contrary to the regulations developed for the rest of the UK, and that at that stage, Northern Ireland businesses would have to choose? In fact, they would not have to choose, because they would be obliged to follow the EU regulations and would be unable to comply with UK regulations affecting trade.

[Gavin Robinson]

My right hon. Friend is absolutely right. That is a conundrum that we keep having to address, and the reason we have to keep raising it in these debates is that it is not filtering through. Despite the “lines to take” that have been distributed to colleagues and friends across the Chamber, those conundrums have yet to be answered, and businesses in Northern Ireland still require clarity, whether on selling into the GB market or buying from the GB market. The Bill attempts to address part of that journey, but only part of it, and it does not give us the clarity that we need.

On the REACH regulations and amendment 17, I want to refer to an email I got yesterday from a constituent called Audrey, who outlines something that had not been part of my thought process. She says, “All new and existing substances made and imported into the EU under the REACH regulations at levels of more than one tonne per year must be registered with the European Chemicals Agency. Registration also involves tests on live animals. Cruelty Free International estimates that already 2.6 million animals have been poisoned and killed in this process and that a full minimum data set for the high production chemicals would be approximately 5,000 animals per year, including rats, mice, rabbits, fish and even birds. Based on the information from the Health and Safety Executive, in two years of the UK’s exit from the European Union, UK-based companies must provide the full data package that supported their original registration with the ECHA, including full test reports for each applicable toxicity concern. Because of access to those data issues, many UK registrants could be left with no choice but to repeat the tests on animals that have already been complied with for EU purposes.” Even if Members do not accept my arguments around the implications for businesses, do they think—if those datasets are not agreed and if a common framework is not reached between the EU and the UK—that all those subsets of tests and all that cruelty is genuinely necessary? I think it is avoidable, and I ask the Government to consider amendment 17 more thoughtfully.

On new clause 7, I thank hon. and right hon. Members from across the Committee who support the endeavour and the aspirations that it brings. I wish to put on record my appreciation for the shadow Secretary of State for Northern Ireland—the hon. Member for Sheffield, Heeley (Louise Haigh)—and the right hon. Member for Doncaster North (Edward Miliband) for their engagement with and understanding of the implications that there are for Northern Ireland. They signed the amendment and I am grateful to them for doing so. I am grateful to the hon. Member for North Down (Stephen Farry), who similarly joined us in this endeavour, and, I have to say, to the hon. Members for Foyle (Colum Eastwood) and for Belfast South (Claire Hanna), who have indicated their positive approach to the new clause and signed it when we tabled it to the European Union (Withdrawal Agreement) Bill back in January.

Nothing that the Minister said—I cannot re-emphasise this point enough—undermined the benefits of accepting new clause 7. He indicated that the Government will rightly carry out an analysis of the implications for business in Northern Ireland, so there is nothing wrong with agreeing to it as part of the Bill. We know that there are distinct differences associated with the operation of the Northern Ireland protocol. The new clause seeks not to undermine the protocol but to ensure that Government carry out these impact assessments. In doing so, it seeks to indemnify businesses in Northern Ireland who are unduly, unfairly and uncompetitively put at a disadvantage to their colleagues and counterparts in GB. That is the very essence of the commitments that have been advanced as part of the Bill; indeed, the “lines to take” that Conservative Members have been given tell them that the Bill is about ensuring the integrity of the UK internal market. If they believe that to be the case, then there is nothing in new clause 7 that undermines their position. I say that very earnestly.

Looking across the Chamber, I see Members—friends—who have an interest in Northern Ireland and, more than that, an unbridled belief in the benefits of the Union, and who believe that we should not only hold but build and enhance what we have. If they are of that view and respect our integral place within the United Kingdom—I know that many have gone through the angst of having to accept compromises as part of the withdrawal agreement to get Brexit for themselves in England, knowing that it will have distinct differences for us in Northern Ireland—I earnestly hope that they will consider new clause 7 in a positive vein. It does not undermine the Government’s position—they have offered no fundamental objection to it—and it does not undermine the process that Members are seeking to achieve on Brexit. It would, however, make an enormous practical difference for businesses in Northern Ireland who are faced with uncertainty and a lack of confidence in the arrangements that will come forward, and, should there be a negative impact or consequence, they would know that Government will stand with them.