Windsor Framework (Retail Movement Scheme: Plant and Animal Health) (Amendment etc.) Regulations 2024

Lord Bew Excerpts

Wednesday 23rd October 2024 Lords Chamber

[Lord Frost (Con)]

My Lords, I too can be quite brief, but there are a few points I want to register. I thank the noble Baroness, Lady Hoey, for the Motion and for her helpful remarks.

These regulations testify to something we always feared: that differential arrangements for Northern Island, in which it remains closer to EU laws and rules, would end up being exploited to restrict our freedom and keep the UK-EU relationship one of high alignment, and that is what has happened. It has become harder to get the gains of setting our own laws in our own interests, and there is a risk that we remain in the political and psychological tractor beam of the EU. And so it has proved.

Ever since the original sin, as I regard it, of the joint reports in December 2017, it has been impossible to entirely undo the agreement about the imposition of EU law in Northern Ireland. The Johnson Government, both when I was responsible and under my successors, tried to water down commitments and made it clear they could not be durable, and eventually did their best to unpick it, culminating in the Northern Ireland Protocol Bill, which was so intensely disliked in this House. But that Bill fell, with Prime Ministers Johnson and Truss, and the Sunak Government, having promised one thing, then did another and agreed the Windsor Framework. This did little to improve the situation in practice, but the big change it did make was that the British Government were now actively committed to defending protocol-like arrangements, and that meant defending EU interests in areas covered by the protocol in Northern Ireland.

What we are seeing happen with the regulations today is what we always said would happen: the easy way out would always be taken, and we would increasingly choose to align ourselves with EU laws rather than go our own way. These regulations mark a new stage in that process. Hitherto, the Windsor Framework arrangements were confined to the GB-Northern Ireland “border”, but now we are also aligning a GB external border with EU laws—admittedly for a limited category of third-country goods. As others have said, including my noble friend Lady Lawlor, it will not end there. The Product Regulation and Metrology Bill, which is also being considered by your Lordships’ House, has exactly this purpose in mind, and is much more sweeping in what it can do. As the noble Baroness, Lady Hoey, pointed out, this pre-emptive legislative cringing to the EU hardly even brings us any benefits. It still does not improve the “border processes” between GB and Northern Ireland, and the same will be true of the product regulation Bill.

As I have said before, these arrangements make little sense unless they are the first stage in a process in which the second stage will be formal adoption of EU laws enforced by EU methods. That is, of course, how you get the paperwork to be eliminated, but at what price? We have the gradual watering down of this country’s democracy still further in favour of laws set elsewhere.

To conclude, there are only three possible destinations from where we are. I have just described one, which is the gradual, further dissolution of UK sovereignty in important areas of the economy. The second is an attempt to make the unworkable work, to constantly offset the complexities and the nonsensicalities of the Windsor Framework by more and more complex legislation, with more and more exemptions and special treatment, creating a bigger regulatory burden and, in practice, separating out Northern Ireland still further. If we go down this road, we will be dealing with more and more unsatisfactory pieces of legislation like this one.

The third route is the one that, one day, must be taken and has been referred to already, and that is the route of mutual enforcement, for the Windsor Framework to be ditched and for UK laws to apply in Northern Ireland, as they do anywhere else in this country. In my view, that is the right way forward. I do not think the current arrangements can or will stand. They are overcomplex, create too many political anomalies and simply will not work over time, and it is only a matter of time before that becomes clear. One day, we will sweep away the Windsor Framework and make this a properly United Kingdom once again.

Can the Minister say which of these three paths she believes the Government are on? What is their approach to the Windsor Framework, and what is the direction of travel?

[Lord Bew (CB)]

My Lords, I thank the noble Baroness, Lady Hoey, for giving us a chance to have this debate. I find myself in a slightly confused frame of mind, in that I agree with much of what the noble Lord, Lord Frost, has just said about the 2017 agreement and its consequences. However, we are where we are. There is as much chance of mutual enforcement becoming an acceptable solution to this crisis as there is of all the European countries and the United Kingdom deciding that the dictatorship of the proletariat is the best way forward for governance—in fact, there is rather more chance for the dictatorship of the proletariat. To tell the people of Northern Ireland to keep on going, that mutual enforcement is somehow a realistic option, is misleading.

On the disfranchisement of the people of Northern Ireland, the truth is that the Assembly will vote on this matter. I know there are those who dislike that. The major change between the Johnson agreement and the May agreement was putting in that there should be a vote in the Assembly on any new arrangements, giving the Northern Ireland Assembly a chance to vote. As for the talk about 1.9 million people being disfranchised, they are not being disfranchised—they are going to get a chance to vote. I understand the objection to the form of the vote, which is by a majority vote, although that is so because trade matters are actually the responsibility of the United Kingdom Parliament. It was a special concession to give a vote to the Assembly on this occasion. In 1938, at the time of the very controversial Anglo-Irish trade agreement, the unionist MPs all accepted it was nothing to do with Stormont; it was a matter for the Westminster Parliament even though they were concerned it was unfair to Northern Irish businesses. A special case has been made for this vote.

In 2017, there was a general election in Northern Ireland. The DUP got 36% of the vote—it is closer to 20% now. The total unionist vote is little short of 50%. When it was agreed in 2019 that the Assembly would have a majority vote on this matter, it was not so obvious what the outcome would be. Today it is, but when that was agreed to in 2019, it was not at all obvious that a majority vote would be acceptance of the Windsor Framework arrangements, as we are all sure it will be now. It was not at all sure, and it was not inevitable.

There is an argument that one reason why the unionist vote has collapsed is the constant putting forward of solutions which are not solutions, like the mutual enforcement scheme. There is nothing at all wrong with it, had it been serious five years ago. We are now three international treaties down the road, and the European Union is not going to change its mind, and Parliament voted by a huge majority for the Windsor Framework. There is more chance of the dictatorship of the proletariat being decided as the way forward for Europe and the United Kingdom than the idea that suddenly people are going to turn round and say, “Let’s try something else completely different”—considerably more chance.

I have made general observations of where we are, and it is with regret that I say some of this because I think mutual enforcement should have been more properly discussed. The 2017 agreement is deeply flawed and set a framework which leaves us with many remaining difficulties which we have to talk about. None the less, this is where we are. I hate to be so simple about it, but it is the case.