European Union (Future Relationship) Act 2020 (References to the Trade and Cooperation Agreement) Regulations 2021

Lord Wigley Excerpts

Wednesday 21st July 2021 Grand Committee

[Lord Wigley (PC) [V]]

My Lords, I am delighted to follow the noble Baroness, Lady McIntosh. I too have had some representations from the food industry, which has expressed the concerns that she has outlined. From what the Minister has said, and from the background notes available to us, this order represents minor and technical changes to instruments that have already been discussed and endorsed. If that is so, there is hardly scope for an extended debate.

I have three questions. First, did the errors and inconsistencies that we are correcting today come to light purely as a consequence of the Government’s operation of them, or did they come to the Government’s attention through some outside body, company or trading organisation that might have found themselves in difficulties arising from the original wording? The Minister referred to the danger that if we do not pass the order then there could be uncertainty. Might there already have been some uncertainty facing business as a consequence of the wording as it stands?

Secondly, if that is so, did the original wording cause any material negative impact on any commercial organisation? Indeed, has such an eventuality lead to any court action or any dispute with the EU authorities or any commercial body within the EU, or could it conceivably do so in future?

Thirdly, to the extent that these regulations have particular significance for Northern Ireland—I noted the points made by the noble Baroness, Lady Wheatcroft, a moment ago—have the Government discussed the workings of these regulations in detail with the devolved Government in Northern Ireland? Have they asked them whether any aspect of the original order, beyond what we are discussing, caused problems for Northern Ireland? If so, might we expect to have further amending orders, perhaps on more substantive issues, when we return in the autumn, and is that not inevitable in the wake of today's Statement by Brandon Lewis? Will we not have to visit all this again if there is progress on a comprehensive veterinary agreement with the EU?

Finally, I was delighted to understand from the Minister’s comments that the Government have, in this instance, consulted with the devolved regimes and that they have been positive in their responses. I would say in passing that, if they are consulted in advance, then their responses will almost always be positive and warm. They only get stroppy when they feel they have been left out of the loop. Can the Minister clarify whether, as a matter of routine, the Government always give all devolved Governments an opportunity to comment on proposed orders of this sort in case there is some unforeseen aspect which impacts on their devolved responsibilities? Having said that, I am happy to support the order.