Draft Movement of Goods (Northern Ireland to Great Britain) (Animals, Feed and Food, Plant Health etc.) (Transitory Provision and Miscellaneous Amendments) Regulations 2024

Sammy Wilson Excerpts

Tuesday 3rd December 2024 General Committees

[Sammy Wilson (East Antrim) (DUP)]

First, may I make it clear why these regulations are required? The only reason for introducing them is that the previous Government, supported by the present Government when they were in opposition, accepted that Northern Ireland should be divided from the rest of the United Kingdom. Normally, these checks for goods coming from a third country would have been done at the recognised international border of the country that is imposing them. However, because of the decision to divide Northern Ireland from the rest of the United Kingdom and to disregard the international border between Northern Ireland and the Irish Republic and the checks that would normally have taken place there, these checks are necessary for trade going from Northern Ireland into GB.

I welcome the fact that Northern Ireland trade has been differentiated from trade from the Republic of Ireland into GB, but the fact of the matter is that there will still be impositions for those who are trading across the border. Those impositions will be disruptive and will mean that trade is convoluted.

There is a certain irony in what is being proposed. First of all, we can do checks without physically stopping anything at the border. One of the reasons for a border between Northern Ireland and GB was that we were told that it was impossible to do checks on trade from the Republic of Ireland into Northern Ireland or vice versa without having physical checks on the border. Now we are told that it can be done by the production of certificates, done at warehouses, done at the point of destination and so on.

There is a bigger question for the current Government. The issue is not going away; it is still causing difficulties for trade between GB and Northern Ireland. Why cannot the principle and the practice that are being established in these regulations be applied to all trade, including trade from Northern Ireland to the Irish Republic?

Secondly, the draft regulations will leave Northern Ireland exposed to the dangers, problems and issues against which we are trying to safeguard the rest of the UK market. The SPS checks and certifications apply to goods that are moving from the Irish Republic through Northern Ireland into GB; they do not apply if the goods are simply moving from the Republic of Ireland into Northern Ireland.

There are fears about that, and quite rightly so, because it is clear that the authorities in the Irish Republic have been lax in the past when it comes to imposing regulations on animal safety and so on. According to the draft regulations, goods can move from the Republic into Northern Ireland and can be used in Northern Ireland, be consumed in Northern Ireland or reach their final destination in Northern Ireland without any checks. It is only when they move into another part of the United Kingdom that such checks will be imposed. That indicates that as a result of the current arrangements with the European Union, Northern Ireland is being left exposed not only to the disruption of trade, but as regards the safety of some of that trade.

I would like to hear from the Minister what the intention is in the longer term. If checks away from the border prove ineffective, and traders decide to ignore them or abuse them, at what stage do the Government envisage the possibility of physical checks on lorries crossing into GB from Northern Ireland? How would those lorries be distinguished from lorries originating in the Irish Republic? What about lorryloads brought into Northern Ireland, put into Northern Ireland-owned lorries and taken into GB? It would be a constitutional and economic affront if we found ourselves in a two-way system. Vehicles are already being checked when coming from GB into Northern Ireland, even though very little of that trade will ever finish up in the Irish Republic. If barriers were imposed in the other direction, it would be a double affront to people in Northern Ireland.

Whatever approach is taken, the issue will always arise of where the international boundary is placed within the country that we belong to. The Minister says that the regulations are an interim measure and that she will look at the border operating model later on, whenever it is imposed, formalising it in a more structured way. We will closely monitor how this works and what happens in future.

As long as this uncertainty goes on, businesses in Northern Ireland will be left with the question of the cost of doing business in our main market. We have already seen the uncertainty that the checks on goods from GB to Northern Ireland have caused for businesses in GB and in Northern Ireland. This is yet another irritant—another barrier that will disrupt the flow of trade between the two parts of our country. It does not augur well for the promise of unfettered access. Indeed, the very fact that we have to impose these checks indicates that the flow of trade within the United Kingdom is not normal and will not be normal until the issue of the protocol and the Windsor framework is dealt with.

--- Later in debate ---

[Emma Hardy]

I recognise the significant strength of feeling and the concerns that hon. Members hold about the draft regulations. I have been scribbling away and will do my best to answer as many questions as I can, but if Members are not satisfied with the level of detail that I am able to give, I commit to ensuring that my officials answer any other detailed questions in writing; I put that on the record. I am a little surprised, however, that the official Opposition are raising criticisms, considering that the regulations are a consequence of the Windsor framework, which was negotiated by the previous Government. If they had had concerns, that might have been the point at which to raise them. I will do my best to answer the questions of Northern Irish colleagues, but if they feel that I have not given them the detail that they require, I commit to ensuring that we follow up.

The full and constructive points that have been raised reflect the importance of the legislation and the principles that it upholds of maintaining our biosecurity, supporting the smooth functioning of the United Kingdom internal market and honouring the commitments made and negotiated under the Windsor framework. The draft instrument will deliver the necessary provisions to ensure that Great Britain’s responsibilities on biosecurity and food safety are upheld, which will safeguard the health of our people, animals and plants. I strongly reaffirm and strengthen the Government’s unwavering commitment to unfettered access for qualifying Northern Ireland goods to ensure that businesses in Northern Ireland continue to enjoy a unique position within the UK internal market.

I will cover as many as I can get through of the points that have been raised. I was asked about non-qualifying Northern Ireland goods. Non-qualifying Northern Ireland goods are any goods that fall outside the qualifying Northern Ireland goods definition, such as European Union and rest-of-world goods. For example, if goods have been moved into Northern Ireland from outside the UK, and one of the main purposes of that movement is to gain qualifying Northern Ireland goods status, in any subsequent move to Great Britain the goods are not qualifying Northern Ireland goods. Such goods do not benefit from unfettered market access. The draft instrument will ensure that they are subject to the relevant SPS and other controls on entering Great Britain through Northern Ireland. That will ensure that the benefits of unfettered access are targeted on Northern Ireland, rather than on EU and rest-of-world goods.

[Sammy Wilson]

Since those checks do not cover the goods when they come into Northern Ireland, but only when they go into GB, what assurances can the Minister give to people in Northern Ireland that they will not be subject to dangers or disadvantages that the rest of the United Kingdom will not face?

[Emma Hardy]

My understanding of the situation is that that is a consequence of the Windsor framework and the desire not to have a hard border within the island of Ireland, but if I am incorrect I will get the right hon. Gentleman a proper answer.

I was asked why the instrument is temporary. It will be revoked when the transitional staging period expires; as we have said, it is currently scheduled to end on 1 July 2025. The timeline for the implementation of further controls on non-qualifying goods entering Great Britain from the island of Ireland has not yet been announced. We will provide a further update on that in summer 2025. I repeat my commitment to inform and keep up to date all Northern Irish Members of Parliament especially, so that they know exactly what is happening and when.

--- Later in debate ---

[Sammy Wilson]

The move towards the border control operating model started under the last Government. As several hon. Members have already indicated, it was chaotic: no one could give any answers about how it would operate. I am sure that we have all met traders in our constituencies, especially hauliers, who could not get answers from His Majesty’s Revenue and Customs or any other Department. Will the Minister make sure not only that Northern Ireland Members are informed, but more importantly that businesses, which know the difficulties of operating under that model, are informed and have discussions with her?

[Emma Hardy]

The right hon. Gentleman makes a very valid point. We will absolutely do our best to make sure that all businesses and Members of Parliament are fully updated.

The temporary nature of the draft instrument allows the Government to apply biosecurity controls to European Union and rest-of-world goods entering Great Britain from Northern Ireland ahead of a longer-term approach.

I was asked about the long-term approach for the treatment of non-qualifying Northern Ireland goods. The border target operating model outlines that the SPS import controls on European Union and rest-of-world goods entering Great Britain from the island of Ireland will progress on a separate timeline. Further to the right hon. Gentleman’s point about businesses, we will continue to collaborate with the devolved Governments and all border stakeholders. We will support implementation readiness across vital points of entry to better protect UK biosecurity. We will communicate any additional updates well in advance to give traders time to prepare.

The UK Government will work closely with the devolved Governments to develop plans for the delivery of a long-term approach for the treatment of European Union and rest-of-world goods entering Great Britain from the island of Ireland. These plans will continue to preserve the unfettered movement of qualifying Northern Ireland goods into Great Britain, whether those goods are moving directly from Northern Ireland to Great Britain or from Great Britain to Northern Ireland via Ireland.

I was asked whether the measure will give effect to an Irish sea border. The short answer is no, because the legislation applies only to sanitary and phytosanitary controls on European Union and rest-of-world goods entering Great Britain from Northern Ireland. Qualifying Northern Ireland goods are not required to undergo any of the sanitary or phytosanitary controls implemented by this legislation and will continue to move freely within the internal market. This sharpens the competitive advantage of Northern Ireland traders moving qualifying Northern Ireland goods by more closely focusing the benefits of unfettered access on them. I reassure the hon. Member for Upper Bann that guidance will be provided with a sufficient lead-in time for traders; there was a similar concern about businesses.

The benefit of the regulations is that they will strengthen Great Britain’s biosecurity by delivering alignment in the treatment of European Union and rest-of-world goods entering Great Britain from the island of Ireland. It is right that goods from the European Union and the rest of the world are treated differently from goods moving within the UK’s internal market. Additionally, the consequential amendments to the definition of qualifying Northern Ireland goods in existing legislation will ensure that the updated definition, which focuses the benefits of unfettered access more squarely on Northern Ireland traders, applies to the direct and indirect movement of such goods into Great Britain. I thank all hon. Members for their contributions.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Movement of Goods (Northern Ireland to Great Britain) (Animals, Feed and Food, Plant Health etc.) (Transitory Provision and Miscellaneous Amendments) Regulations 2024.