Scrutiny of European Statutory Instruments

Greg Smith Excerpts

Tuesday 11th February 2025 Commons Chamber

[Jim Allister (North Antrim) (TUV)]

Scrutiny of the laws that we make and that bind us is very important, and it is exceedingly important when the origins of the laws are not within our own parliamentary framework. Of course, in the part of the United Kingdom from which I come, Northern Ireland, in over 300 areas the laws are made not by this House or the Stormont Assembly, but by a foreign Parliament that we do not elect—the European Parliament. That underscores the huge importance of effective scrutiny.

In so far as this motion slightly improves the situation, it is welcome, but I need to make three or four points. Is the inference of this motion that there has been no scrutiny of these matters since the demise of the European Scrutiny Committee in or about April of last year? If so, a vast swathe of laws have obviously gone unscrutinised. The former Chairman of the European Scrutiny Committee told this House in March 2023 that, in the two years from 2021 to 2023, 640 EU laws had been imposed on Northern Ireland. How many have been imposed since, and how many of them have been scrutinised?

Since Northern Ireland is the region most affected by many of these laws, I have to register my disappointment that not a single Member from Northern Ireland was proposed for the Public Administration and Constitutional Affairs Committee. That is a huge failure to give those I represent some confidence that scrutiny is taking place and is effective.

[Greg Smith (Mid Buckinghamshire) (Con)]

Does the hon. and learned Gentleman agree with me, as someone who sat on the European Scrutiny Committee in the last Parliament, that it is no surprise that the Labour Government do not want to scrutinise this legislation coming from the European Union, because for much of the last Parliament, with the exception of the former Member for Dagenham and Rainham, Jon Cruddas, the Labour Members on the then European Scrutiny Committee never turned up?

[Jim Allister]

I hear what the hon. Gentleman says and I do not gainsay it. If that is so, it is a very poor reflection on the interest in scrutiny.

Not only do we have this lacuna in scrutiny of a year or more; we have the very unsatisfactory position of there being no transparency—there is no public list of all the imposed EU laws. It does not exist, from what I am told. How can it be right for citizens in any part of this United Kingdom to be governed by laws when there is not even a list of all those laws? I look to the Government for a commitment that there will at least be the transparency of publishing a list of all relevant regulations that are imposed—and “imposed” is the correct word—on Northern Ireland from a foreign Parliament.

Some may say, “Oh, but doesn’t the Stormont Assembly have a Democratic Scrutiny Committee?”, and, of sorts, it does, but on 2 February the Secretary of State for Northern Ireland wrote to the Speaker of the Northern Ireland Assembly informing him of the types of laws that will be reported to the Assembly, and it does not include all laws. We have the so-called Stormont brake, which applies only to any law amending an existing EU law. We have applicability motions, which can apply to any new law, but we do not have any right of scrutiny within the Northern Ireland Assembly of what we would call statutory instruments. There simply is no capacity to scrutinise them.

We recently had a troubling example of such a statutory instrument. Commission implementing regulation 2025/89 creates a situation where, for the first time in any part of this United Kingdom, and with no consultation with our consumers or our elected representatives, we now have an authorised EU law whereby mealworms and insects can be included in food products. That EU law has been imposed upon Northern Ireland without any scrutiny in Stormont or in this place. Would that type of EU implementing regulation be on the agenda of the Public Administration and Constitutional Affairs Committee, or would it just pass under the radar, as has been happening for so long?

Vast swathes of important law are not classified as devolved under the protocol arrangements, so they are never scrutinised in the Northern Ireland Assembly, nor can they ever be scrutinised. Nothing that arises under the EU’s customs code, under its VAT regime or under state aid is devolved. Those matters are reserved to this place. Regulations are made from time to time on the customs code, which is the most offensive of all the protocol arrangements, because it is the one that says, “Northern Ireland is to be treated as EU territory. GB is to be treated as a third or foreign country, and thus the goods coming from GB to Northern Ireland—coming from a third country—have to be subject to the rigours of an international customs border.” All that arises under the EU’s customs code, and none of that can be scrutinised in Northern Ireland. None of it has been scrutinised in this House, either.