Draft Export Control (Amendment) (EU Exit) Regulations 2022

Nia Griffith Excerpts

Thursday 1st December 2022 General Committees

[Dame Nia Griffith (Llanelli) (Lab)]

It is a huge honour to serve under you, Ms Harris; it is the first time that I have had the pleasure. On behalf of the official Opposition, I welcome the Minister to his post and thank him for his clear explanation of the legislation. I also thank the team that prepared the explanatory memorandum, which has been very helpful, given the complexities of the technical detail.

In principle, Labour supports the legislation. It is in everybody’s interests to have clear regulations that can be implemented effectively. I will not repeat all the technical detail, but broadly the legislation has two main purposes. The first is to make the necessary changes to update legislation in line with existing policy, and we support the measures proposed. The second purpose is to prevent sales to Russia, in particular the sale of dual-use equipment—a purpose that we absolutely support.

The Opposition have long supported the principle of export controls, particularly in respect of arms or equipment that might be used for internal repression or external aggression. Labour stands unshakeably with our NATO allies in supporting the provision of military, economic, diplomatic and humanitarian assistance to Ukraine as it defends itself against Putin’s illegal invasion. We are keen to see the strongest possible economic and diplomatic sanctions maintained against Putin’s Russia and for any loopholes to be closed. To that end, we fully support the measures that strengthen the sanctions and provide for export controls to the Russian Federation.

Clearly, in the current context it is more important than ever to prevent the export of items such as dual-use equipment. We therefore support the measures in the legislation that prevent the sale of dual-use equipment to the Russian Federation and that put right a deficiency that arose following the erroneous removal of a provision that extended the power to refuse, annul, suspend, modify or revoke export authorisations to brokering authorisations. I welcome yesterday’s news that the Secretary of State for International Trade signed a digital agreement with Ukraine. On our TV screens, we get a small snapshot of the huge reconstruction task lying ahead in Ukraine that we want to support, and trade is a vital part of economic recovery.

The draft regulations reflect the situation in Northern Ireland—namely, to achieve the same ends, legislation pertaining to Great Britain is introduced through retained legislation, while that pertaining to Northern Ireland is introduced through the equivalent EU legislation. As we have said repeatedly, it is vital for businesses and consumers in Northern Ireland that every effort is made to make Brexit work and to ensure the smoothest possible flow of trade between Great Britain and Northern Ireland. For example, we have called for an effective veterinary agreement, as the Minister will know, to ease the flow of goods from east to west.

It is a matter of deep concern that Northern Ireland remains without an Executive. It is an abject failure that power sharing has not been restored for months and months. The UK Government have achieved little in respect of bringing the communities together and helping to restore an Executive in Northern Ireland. The explanatory memorandum says that it was not deemed necessary to have any consultation. I understand that international trade is reserved to the UK Government, but given the lack of a functioning Executive in Northern Ireland and the sensitivity of anything to do with trade, have there been any discussions between the Department and officials in Northern Ireland or any elected representatives?

The explanatory memorandum tells us that the provision that extended the power to refuse, annul, suspend, modify or revoke export authorisations to brokering authorities was removed “in error”. How did that happen? As has been explained, the draft regulations rectify deficiencies. What analysis have the Government made of anything that has slipped through what we might call the net—the loopholes—and, in particular, of whether there has been any inappropriate supply of dual-control equipment to the Russian Federation or that has been prevented by broader sanction initiatives?

Does the Minister anticipate any difficulties in the implementation of the legislation? The explanatory notes say that there has been no impact assessment because of the low level of impact on any business. Nevertheless, have any efforts been made to identify any businesses that will be affected by the legislation? If so, has there been any correspondence or discussion with them? Those are the questions that I would like the Minister to answer, but I reiterate that we are, in principle, supportive of the legislation. We understand the reasons why it is necessary and would like to see it implemented effectively as soon as possible.

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[Nigel Huddleston]

I reassure my hon. Friend that we have extremely rigorous export controls. He raises issues and points that go beyond the remit of the regulations, but I am happy to follow up and have a conversation with him to discuss those matters. I am aware that he is extremely concerned about such issues, as indeed we all are, and I thank him for raising them, but the Chair will forgive me for taking that conversation offline.

[Dame Nia Griffith]

Will the Minister respond to my question about whether any discussions about this legislation were held with Northern Ireland officials or Northern Ireland representatives? I fully understand why there did not have to be such discussions, but we understand the sensitivity of the situation.

[Nigel Huddleston]

I assure the hon. Lady that we have regular discussions. The Under-Secretary of State for International Trade, my hon. Friend the Member for West Aberdeenshire and Kincardine (Andrew Bowie), who is responsible for export policy, has regular conversations with the devolved Administrations and we follow through with them on an ongoing basis, so discussions happen very frequently indeed. I am happy to write to the hon. Lady about that. I ask the Committee to support the regulations.

Question put and agreed to.