Draft Ecodesign for Energy-Related Products and Energy Information (Amendment) (Northern Ireland) Regulations 2025

Jim Allister Excerpts

Monday 31st March 2025 General Committees

[Jim Allister (North Antrim) (TUV)]

The essence of these regulations is that a part of this United Kingdom should be subjected to regulation governing energy-related products, not by the laws made by this Parliament, nor even by the laws made by the devolved Stormont institutions, but by laws made by a foreign Parliament and initiated by an unelected foreign institution—namely, the European Commission. Those are the laws that would be imposed on consumers and citizens of Northern Ireland by these regulations.

Any rational observer might expect that the right to make the laws of any part of a country would rest with the elected representatives of that country—but in fact, pursuant to the protocol/Windsor framework, the right to make those laws was surrendered to a foreign polity. We have an absurd situation, illustrated by these regulations, whereby seven new EU regulations are being enforced automatically upon citizens of the United Kingdom, and the very Parliament of that United Kingdom is prohibited from changing, amending or disapplying them—or doing anything other than applying them—because the lawmaking powers on these issues have been surrendered to the EU.

That is all set out in graphic, frightening detail in annex 2 of the protocol, where we read 289 areas of law where the United Kingdom can no longer make laws for Northern Ireland. These regulations represent one of those ambits or areas of law.

Of course, that has many ramifications, including the important democratic fact that it disenfranchises the people of Northern Ireland. The fundamental principle of this nation, and indeed of any democratic nation, is that people live under the laws made by those whom they elect. These laws, however, are made by those elected not by anyone in Northern Ireland or the rest of the United Kingdom, but by people in 27 foreign countries. That is the absurdity of what has been imposed in these regulations.

That issue is of immense constitutional significance and, in truth, it is why there is no consultation. There is no consultation about whether these laws should be applied to Northern Ireland for the simple reason that, if there were a consultation, and if that consultation suggested that they should not be applied, it could not be adhered to. It would only show up the impotency of Parliament and the institutions in the United Kingdom, because the right to make these laws has already been surrendered to a foreign Parliament. The view of the Government is that there is no necessity or point to consulting, because their hands are tied.

However, if there is a suggestion that similar regulations might be imposed in Great Britain, there has to be a consultation. Paragraph 7.2 of the explanatory memorandum says that there will be such a consultation—why? Because that is the normal process. We do not impose something without going through the due process of consulting about it. But what we are doing here tonight is the antithesis of that. We are imposing on Northern Ireland regulations upon which we will not consult, because we have already sold the right to consult and the right to make any decision other than to impose them.

It is not just a constitutional issue; it is a practical economic issue. It applies to the vast range of energy-related products, from smartphones through to tumble dryers. Take tumble dryers as an example. There are basically two types: the convector or vented tumble dryer, and the heat pump tumble dryer. Under the regulations, it will become illegal to have a convector tumble dryer in Northern Ireland, or for a retailer to sell one. It will be impossible for a manufacturer in Great Britain to complete an order for a convector tumble dryer in Northern Ireland. A convector tumble dryer operates at lower ambient temperatures, so many of them are in garages attached to houses, whereas a heat pump tumble dryer would not operate in those colder temperatures. We are saying to the people of Northern Ireland, “You cannot any longer have a British-made convector tumble dryer in your garage. Why? Because the EU says you can’t.”

Think of the magnitude of the absurdity of that: citizens of this United Kingdom are being dictated to not by the democratic mandate of this House but by the undemocratic control of a foreign Parliament. That is the abiding absurdity of the regulations. The Government’s answer to all of that will be to just align the whole of the United Kingdom to the same EU standards, as we will see tomorrow with the Product Regulation and Metrology Bill and as we are seeing through their approach to these regulations. What was the point of Brexit? The whole point of Brexit, we were told, was that we could be master in our own house and make our own regulations, but now we will simply reregulate back into line with the EU. That is a very retrograde step.

One other very important thing about the regulations is that they provide that there will be no further debate about such matters when it comes to further new regulations. All there will be is a statement by a Minister that they have come into effect. Courtesy of what is being approved tonight, there will never again be a debate, a discussion, a Delegated Legislation Committee or a debate on the Floor of the House about new measures, because that right is being surrendered as well. That was confirmed by Lord Hunt in the other place.

I say to the members of this Committee—although I know that, whipped as they are, they will not do it—that this is a step they should not take. They should have some thought for their fellow citizens in the rest of the United Kingdom, in Northern Ireland, and stand up for the right that they should be governed by laws that this Parliament can make and that this Parliament can change, and not subject them, colony-like—because that is what it is, colony-like—to the laws of others.

[Miatta Fahnbulleh]

I thank hon. Members for their valuable contributions to the debate. I start by saying that we have our obligations under the Windsor framework, which was passed in this House with an overwhelming majority. We are not here to litigate the rights and wrongs of that process; that has already been done. We are here to discuss the specific regulations that are being put in place. Critically, the regulations are about improving the efficiency of products that we believe will be good for consumers and good for businesses, and will create opportunities.

[Jim Allister]

Surely the truth is that we are here to impose regulations that the EU thinks will be better for consumers, because it treats Northern Ireland as EU territory. These are not the regulations of the United Kingdom Government.

[Miatta Fahnbulleh]

Let me say to the hon. Member that we have absolutely looked at the regulations. As the UK Government, we believe that they are good for consumers. In fact, the ambition that has been set by the regulations is one that we wish to mirror ourselves. We will consult on these standards, not because the EU is telling us to but because we think that it is the right thing for UK businesses and consumers.

The vast majority of manufacturers who sell not only in the GB market but in the EU market are already making the transition, because that market is much bigger. They are already driving up product standards. That is good for businesses, and we want to support and encourage that.

I hear the arguments and the caution about not being dictated to by the EU, but please hear me when I say that we think it is right that we drive up standards for our consumers. We would want to do this. The EU has done it, but we would want to do it in our own right. That is why we have tabled this SI and it is why we are also planning to consult on improved standards.