Draft Windsor Framework (Enforcement etc.) Regulations 2023

Sammy Wilson Excerpts

Monday 11th September 2023 General Committees

[Sammy Wilson (East Antrim) (DUP)]

On the basis of the Minister’s opening speech, the regulations were designed to protect Northern Ireland consumers from goods that might be damaging and that come not from outside the UK, but from within the UK. I suppose we should be grateful, although I am sure many hon. Members will ask what goods are circulating in the rest of the UK that could be damaging to people in Northern Ireland and from which they need protection, while those protections are not afforded to people in Great Britain, because there is nothing in the regulations about those goods being dealt with and prevented from being sold in Scotland, Wales or England. I was a bit bemused by that argument, but according to the explanatory notes it is central to the justification that the Government give for the regulations.

I want to look at the regulations in two ways. Some people have already given up on the idea that we have broken free of the European Union and that it no longer has any say in the United Kingdom. It is a pity that despite the fact that the Windsor framework has been place for six months, the regulations are being raced through. The explanatory notes accept that no consultation was done, even though there is a legal obligation to carry out such consultation. It is claimed that the consultation did not take place because, “We didn’t have enough time.” We do not have, therefore, the benefit of the opinions of and input from those who will actually feel the impact of the regulations on their businesses, or those who will have to ensure that they are properly enforced.

The regulations also relate to other regulations, such as the plant health regulations and the retail movement regulations that were laid just last week. They are all bound together, but we have not even had sight of them, we will not get a vote on them as they will be taken under the negative resolution procedure, and we will not have a proper discussion of them. That is one reason why people get so suspicious. What is the real motive behind rushing the regulations through?

We should bear in mind that the regulations are not primarily based on decisions made by this Government. They are based on EU regulation 2023/1231, which defines, for example, plant health labelling, which is mentioned 42 times in the regulations. They are not defined by GB or UK legislation—they are defined by the EU. The EU regulation does not even apply to the whole of the EU: it applies specifically to the UK. The requirement for the labelling is part of EU regulation, and for goods to move they have to comply with EU requirements. I know that the Minister has said that the regulations are to help to reduce and do away with the sense of a border, and the Prime Minister has said the same. But look at the conditions that EU regulation 2023/1231 imposes. The goods have to be labelled, they have to be taken over by a trusted trader, they have to have export documents, the retailer has to have a confirmed address in Northern Ireland, and the goods will still be subject to checks—10% initially, and 5% eventually.

I will be interested to hear how the Minister justifies that, because at the minute no border posts have been built to do these checks. By the time the border posts have been built, the rate will be down from 10% to 5%. Do we even have the capacity for these checks? If not—and even if we accept that checks are a good thing in the first place—what does that mean for the movement of goods and the back-up of lorries? I know that that first point will resonate with some Members. These draft regulations are dependent not on what our Government have decided but on specific regulation imposed by the EU on the Government of the UK.

My second point is about what are described as GB standard goods. Goods that come into Northern Ireland must now be examined to ensure that they comply with GB standards. Will the Minister explain why that is the case? In most cases, the standards for these goods are not set for GB alone, because they have been set by UK legislation. Why, therefore, do we have to have this differentiation? Why are goods exported into Northern Ireland to be treated as GB goods that comply with GB standards? If the standards have been set by legislation in this place, on a UK-wide basis, surely there is no need for checks to ensure that goods coming into Northern Ireland comply with GB standards, because all goods should be produced on that basis.

For the life of me, I cannot understand this. I think that the distinction has been made to provide cover. We are talking not about an international border but about border posts designed to ensure that UK standards apply in Northern Ireland. That is the only explanation I can think of for making the distinction: to try to soften the idea that there is an international border between Northern Ireland and GB. But the truth of the matter is that there is an international border for goods that go through the red lane, because they have to go through full international border checks. As I have indicated, the process is not unfettered for those that go through the green lane, because there are requirements on those goods, too.

And here’s the thing about EU regulation 2023/1231: it is clear that the EU can, at any time, without discussion with the UK Government, and without having to give a reason, remove the option of the alternative border—I do not know what else to call it. If the EU believes that the green lane is not working, or if it has other reasons for deciding to get tough, it can remove it. That is its default position. Once again, the Government are telling us, “We have a good deal and we are in control of this,” but that is not the case.

The whole point of these draft regulations is to safeguard our independence, which is why it is so important that we do not look at them in isolation. They depend on the terms of an EU regulation, which states that the border arrangements that the Minister says are so beneficial to Northern Ireland can be removed at any time by the EU. The irony here is that our own Government never sought a default position on the green lane; the only default position is on the red lane. We do not have any alternative whereby we can say, “The way in which you have directed goods to the red lane is unacceptable to us, so we will go to a green lane default position.” We have handed over to the EU the definition of the goods that can comply, we have handed over to the EU the right to decide the nature of the border between Northern Ireland and GB, and we have this justification in place.

One of the purposes of the draft regulations will be to protect Northern Ireland consumers from faulty or non-compliant goods that come from GB. If it is so necessary to have checks for such goods that are so widespread that we have to check 10% of those that go through the green lane, maybe the Minister can tell us what arrangements are in place to protect GB consumers from non-compliant goods.

If there is so much concern about non-compliant goods coming from GB into Northern Ireland and harming Northern Ireland consumers, why is there no such concern about goods coming from the Irish Republic into Northern Ireland that might not comply with UK standards and from which Northern Ireland consumers need protection? Let us just remind ourselves of the food scandals that have occurred: tainted olive oil from Spain, which killed over 1,000 people; pizzas with E. coli, which killed two people; or the scandal of horsemeat in burgers that came from the Irish Republic, France and Spain. I could go on and on about food standards. Indeed, a recent report stated that EU consumers were at a health risk from faulty goods because of inadequate policies and the inadequate policing of food standards in the EU.

If the Minister is so concerned about protecting Northern Ireland consumers from goods that are made in the UK, which presumably do not go through the same checks for GB consumers, why is there no concern about goods that cross the border—and not just into Northern Ireland? Do not forget that Northern Ireland is a conduit for goods that can come from Europe into GB. The justification for the draft regulations does not seem to stand up when we look at things in that way. We deserve an explanation from the Minister as to why, if there is such a fear, it is not dealt with on both sides. I suspect that some of the reasons behind the draft regulations that have been given are not valid and do not carry any serious weight.

Although the new arrangement is presented as an improvement, the Minister has already said that many of the goods that will now be caught under the draft regulations, and have checks imposed on them were not subject to checks under the Northern Ireland protocol because of grace periods. This situation is actually worse, because the grace periods disappear. As a result, more goods will have to go either through the red lane for full international checks, or through the green lane.

I do not want to go through the Minister’s claims, because a lot of this is anecdotal, but I can tell the Committee that promises such as free access to seed potatoes for Northern Ireland are just not true. In Northern Ireland, seed potatoes cannot be sold in retail outlets, garden centres and so on. People like me who do a wee bit of gardening would not buy tons of them; they would buy a wee bag to plant for Christmas time or whatever. That is not available. Many plants are still not available, and many businesses now say that requirements under EU regulation to permit goods to go through the green lane are so onerous that they are simply not going to purchase any more.

Even big retailers say that. Tesco recently indicated, certainly to its own suppliers, that it would do three things—look to the Irish Republic; look to EU supply chains; and find ways to stock its shelves other than bringing goods from GB—because even with what it knows about the Windsor framework arrangements, it would be too onerous to bring goods into Northern Ireland. That is the consequence, and I do not think that we should make claims for these regulations that are not true.

--- Later in debate ---

[Mark Spencer]

We are very keen to expedite this as quickly as possible. Obviously, no one will be planting a tree at this moment in time and we will then move into winter. I will clarify in writing exactly when we hope to have this in place, but we are conscious that we do not want barriers. We want to allow free market movement of goods wherever possible.

I turn to my friend from Northern Ireland, the right hon. Member for East Antrim. I understand his passion and his commitment to Northern Ireland, and we share many of his ambitions. Of course we want Northern Ireland to remain part of the United Kingdom, but in creating the Windsor framework, we are trying to address the challenges that were brought forward through the protocol. He criticises us for not consulting Northern Ireland and those who are affected, but of course there is huge pressure to try to solve this challenge. I know that he would be one of those voices—indeed he was—saying, “Let’s try and overcome the challenges that we face in the protocol.” These are the solutions that we have brought forward and we are trying to expedite those solutions as quickly as possible.

The Windsor framework achieves a long-standing UK Government objective of restoring the smooth flow in trade within the UK internal market. By pursuing a green lane for the movement of goods from GB to Northern Ireland, supporting Northern Ireland’s place in the UK, it restores that smooth flow of trade within the internal market by removing some of those unnecessary burdens that disrupted east-west trade.

[Sammy Wilson]

When one thinks of smooth trade, one thinks of a lorry leaving here in London and going up to Scotland or Wales: it does not get stopped; it does not need to have labels on the goods; the final destination of the goods does not need to be known; it does not need a trusted trader arrangement for the people involved; and it does not need export papers. How can the Minister claim, when all that has to be in place for goods going to Northern Ireland that are purely for consumption in Northern Ireland, that that can be regarded as smooth trade? It would not be regarded as smooth trade if people had to do it in GB.

[Mark Spencer]

Again, I hesitate to wade in, because such matters are often way above my pay grade. However, we have to recognise that there are a number of challenges, not least of which are that we have to respect the Good Friday agreement and we have to respect the phytosanitary integrity of the island of Ireland. That is why we are devising these processes to try to expedite and ease that trade as much as possible while respecting all those other challenges that we face as a Government. We need the regulations so that we continue trade with Northern Ireland.

[Sammy Wilson]

I appreciate the Minister’s point about safeguarding the Northern Ireland market and making sure that goods are compliant, including with UK law. However, he was the one who emphasised this point in his speech, and it is also emphasised in the explanatory memorandum, so could he explain to me what dangers the UK Government see in goods going from GB into Northern Ireland that could harm Northern Ireland consumers? Is there a volume of goods, and what sectors of the economy are those goods coming from, that require these kinds of checks because he and his explanatory memorandum have emphasised that this is one of the main reasons for the checks?

[Mark Spencer]

I am grateful for the right hon. Gentleman’s intervention, but this is about the phytosanitary protection of the island of Ireland. Of course, we have obligations to try to mitigate the spread of any diseases in the United Kingdom. For example, we have measures in place with the Welsh Government, and we have operations that will restrict movement of plants across the United Kingdom to protect other parts of the UK from the spread of disease. It will be similar to moving an infected tree from London to Edinburgh, or from London to Shropshire. We need measures in place to ensure that we do not unwittingly spread disease around the United Kingdom.

The right hon. Member for Leeds Central asked a specific question about titanium dioxide. I will do my best to answer him, but I am more than happy to write to him if he does not feel my answer is adequate. The regulations mean that food items containing titanium dioxide, which is now banned in the EU, can lawfully be sent for sale to consumers in Northern Ireland. Under the Windsor framework, more 60 pieces of EU legislation have been disapplied on retail agrifood goods moving from Great Britain to Northern Ireland under the Northern Ireland retail movement scheme. GB standards will apply instead. That food additive remains authorised for use in Great Britain, so prepacked agrifood goods with this additive may be moved from GB to Northern Ireland under the Northern Ireland retail movement scheme for supply to Northern Ireland consumers. That is consistent with a UK market.