Draft Supply of Machinery (Safety) (Amendment etc.) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) Regulations 2026 Debate
Full Debate: Read Full DebateSammy Wilson
Main Page: Sammy Wilson (Democratic Unionist Party - East Antrim)Department Debates - View all Sammy Wilson's debates with the Department for Business and Trade
(1 month, 1 week ago)
General CommitteesThis piece of legislation may seem innocuous, but it is yet another example of the wedges being driven between one part of the United Kingdom and another part of the United Kingdom—wedges not just in regulations, but in their practical effect.
First, leaving aside the constitutional impact of the legislation, let us just look at the explanatory memorandum, which tells us:
“This SI amends the 2008 Regulations, clarifying that their territorial extent is limited to GB”.
Why? To allow
“EU Regulation to function effectively in NI.”
That is the purpose of this legislation. It removes Northern Ireland from what was UK-wide regulation, which will now be limited only to part of the United Kingdom, to facilitate the functioning of EU regulations in Northern Ireland.
Those EU regulations will not have been debated in a Committee like this, nor will they have been discussed with Northern Ireland representatives. There will not even have been consultation with Northern Ireland when the regulations were being formed, as we cannot in any way feed into regulations that apply to the single market even though we remain a part of it. Leaving aside the practical effect of the instrument, that is the first important point that we all ought to note. Regardless of our views on Brexit or the EU, as UK parliamentarians, we ought to ask ourselves whether we should accept and vote for this kind of legislation
Secondly, it disturbs me that the Government, as the explanatory memorandum makes quite clear, are going down this route and implementing the legislation because:
“Failure to do so would create regulatory uncertainty in NI and risk undermining the UK’s relationship with the EU.”
Once again, Northern Ireland appears to be being sacrificed on the altar of the great reset that the Government wish to have with the EU. They are saying, “Let’s not disturb them. Let’s not challenge them on any aspect of the Northern Ireland protocol or the Windsor framework. Even though there should apparently be a mechanism for raising concerns, let’s not raise them, because we might upset those relationships.”
Thirdly, the Minister has said that the regulations will not have any detrimental impact, yet the explanatory notes make it clear that no impact assessment has been done, because, as this comes under the Windsor framework and the protocol, doing so would be outside the scope of the Government. Even when we introduce regulations here, the arrangements we have with the EU mean that we cannot do an impact assessment. Such an assessment could have an impact in lots of different ways. For a start, we do not know the costs of the machinery safety regulations for businesses. All we are told is that, regardless of the costs, we now have a piece of legislation that indicates that we will enforce that legislation, and we will enforce it with very high penalties.
Dr Scott Arthur (Edinburgh South West) (Lab)
I know the right hon. Gentleman is passionate about this subject, but can he be clear about his concerns about the detail of the regulations and what difference they will actually make to businesses? People are speaking in very general terms, but can he be specific about the detail of the legislation and what difference it will actually make? What would the right hon. Gentleman have the Government negotiate, if they could?
The standards applied to machinery made in Northern Ireland will be different from those applied in other parts of the United Kingdom. The hon. Member asks about the detail, but very often we do not know the cost until we actually have to apply the different standards. For example, in Northern Ireland we export a lot of agricultural machinery, and if the standards imposed by the EU require more work, more materials and more safety devices than those applied in the rest of the United Kingdom, there will be a cost.
We do not know until we actually see the standards applied and compare them with the rest of the United Kingdom. Because we export a lot of that machinery to GB, businesses could be at a competitive disadvantage due to the cost of enforcement. There is also the cost on councils.
To be honest, the hon. Member for Edinburgh South West makes a good point. Presumably, he will vote in favour of enforcing the underlying regulations, but none of us know whether they are any good. In fact, we have had no say over whether they are any good—we just have to take them as handed down.
I asked the Minister earlier whether the UK, knowing that we have to accept them, whether we like it or not, has had any influence on trying to ensure that they actually do what they are supposed to do. To a certain extent, both sides of the House are blindly voting on the regulations, because we have had no hand in putting them together.
Not only have we not had a hand in putting them together, but we have not even done an impact assessment, and we have not done an impact assessment because that is out of scope, as this is part of the Windsor framework. Of course, there is also the cost on local councils in Northern Ireland of implementing the regulations. I do not know what that will be, and I suspect that none of the councils have even been consulted on what additional staff will be required or what costs it will impose on them.
When we pass a piece of legislation, we should at least ask these questions. First, does it make one part of the United Kingdom different from another? It does, and the explanatory notes show that that is the case. Secondly, is it necessary? Given that the only necessity highlighted in the explanatory note is that we do not want to upset relations with the EU, I am not so sure that that is a justifiable reason for passing the legislation. Lastly, if we are passing legislation, surely we should know what impact it will have, and we do not know what impact this will have. For all those reasons I say to Members that before we carelessly vote in favour of this change, let us at least consider those points.