Definition of Qualifying Northern Ireland Goods (EU Exit) Regulations 2020

Baroness Ritchie of Downpatrick Excerpts

Monday 30th November 2020 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl)]

My Lords, I thank the Minister for the explanation of these stage one, stop-gap regulations. From my perspective, I support unfettered access for businesses from Northern Ireland to Britain. I also do not want any borders, whether in the Irish Sea or in the island of Ireland, because they would act as impediments to business and the free flow of people and would have—shall we say?—the capacity to undermine our very delicate political relationships and infrastructure. We must be careful about that.

I see the regulations in the context of a Brexit I did not want to happen, but it is here. It creates barriers and impediments to political, economic and social development at a time when businesses are having to deal with the difficulties and challenges presented by Covid. They need assistance and a streamlined system that does not involve any extra costs or burdens, either administrative or financial, when they are transporting goods to Britain, either via Northern Ireland ports or from ports in the Republic of Ireland. Like the noble Lord, Lord Dodds, I would like the situation of Northern Ireland products and produce imported or exported to Britain via ports in the Republic of Ireland to be clarified.

Notwithstanding all that, there are several questions I would like to ask the Minister about the complexity of these regulations. The Minister and the Explanatory Memorandum indicate that further legislation will be produced in this area and that this is simply a temporary, stop-gap measure. He referred to the regulations, which will last about six months, as avoiding disruption. What will be the nature of the new regulations and when are they likely to be brought to the House for discussion and affirmation? There are suggestions that this legislation is a bridge to a longer-lasting regime— something that the Secretary of State said in the other place. What is that longer-lasting regime? What will be the content, nature and scope of that legislation?

Suggestions have also been made that work is ongoing with the devolved Administrations—I think the Minister referred to that. What is the nature of that work? What discussions have taken place with the Northern Ireland Executive and specific Ministers dealing with economy, finance and the First and Deputy First Ministers? Has the Minister for Infrastructure been involved in such discussions, as having responsibility for transportation? If so, what was the outcome of those discussions, or have they mainly been at official level? Is the Northern Ireland Executive expected to bring forward subsequent legislation in relation to this issue?

I come to the thorny issue of agri-foods, already mentioned by the noble Lords, Lord Hain and Lord Dodds. How will standards of agri-food products emanating from Northern Ireland be dealt with, as they will still have to comply with EU standards? Will there be costs and administrative burdens involved? If they are unfettered, surely there should be no costs.

I come to the issue of processing, the matter raised by the noble Lord, Lord Hain. What are Northern Ireland processed goods? Can the Minister provide us with a definition? The dairy industry is largely all-island in Ireland. If milk is produced in the Republic of Ireland and processed in Northern Ireland for cheese and other dairy products, does the definition of qualifying Northern Ireland goods apply to such products, in the light of the protocol and agri-food requirements? In fact, the dairy industry is largely owned by companies based and headquartered in the Republic of Ireland.

Penny Mordaunt said in the other place that these regulations were

“no more than a stopgap to a longer lasting regime”—[Official Report, Commons, Delegated Legislation Committee, 10/11/20; col. 7.]

which would be accompanied by further anti-avoidance measures that would be introduced in a timely manner. What is the nature of those anti-avoidance measures? Will they deal with the issues of competition and tax?

Like the noble Lord, Lord Dodds, I would like to know what the role of HMRC is in such transactions. Can the Minister provide an update on the UK-EU discussions that are seeking to find solutions to or flexibilities over the types of goods that can come into Northern Ireland from Britain for supermarkets? I appreciate that that is not in the remit of these regulations but the Minister will recall that this matter bedevils suppliers in Northern Ireland, particularly supermarkets. Perhaps this issue would be better dealt with at the supermarket level rather than by the JMC, but it would be good to have an update because the agri-food industry and our general retail businesses require certainty and it is only a few weeks until the end of the transition period.

Great Britain and Northern Ireland: Access for Goods

Baroness Ritchie of Downpatrick Excerpts

Thursday 12th November 2020 Lords Chamber

Asked by

[Baroness Ritchie of Downpatrick]

To ask Her Majesty’s Government what assessment they have made of negotiations with the European Union in relation to ensuring unfettered access for goods between Great Britain and Northern Ireland.

[The Minister of State, Cabinet Office (Lord True) (Con)]

My Lords, we have been unequivocal in our commitment to unfettered access for Northern Ireland goods moving to the rest of the UK market. We are delivering on that commitment in full, including through the draft statutory instrument we have laid to guarantee it from 1 January and the protections we wish to provide in the United Kingdom Internal Market Bill, which, regrettably, your Lordships opposed.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, supermarket chains and other business consortia in Northern Ireland are deeply concerned that goods supply lines will be cut off to them from 1 January 2021. Will the Minister, along with ministerial colleagues, and working with EU negotiators, ensure that flexibilities are built into food supply lines so that Northern Ireland businesses and consumers can continue to enjoy a wide range of choice and affordability with respect to all food products?

[Lord True (Con)]

The noble Baroness makes an important point. The UK Government recognise, of course, the unique position of authorised traders, such as supermarkets, with stable supply chains and comprehensive oversight of warehousing and distribution, moving pre-packaged products for retail solely in Northern Ireland. We are continuing to pursue specific solutions for this trade.

Covid-19: Economy Update

Baroness Ritchie of Downpatrick Excerpts

Tuesday 27th October 2020 Lords Chamber

[Lord Agnew of Oulton (Con)]

I respect my noble friend’s passion for this area and I agree that it is an extremely important part of our society, as I said earlier. We have put forward a cultural recovery fund of some £1.5 billion, and of course we will continue to look carefully at what more can be done to support those who are falling through the net. I just remind my noble friend that our overall employment support scheme has been one of the most generous in Europe, but the group that he refers to is extremely difficult to get to easily.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, what discussions have taken place with ministerial colleagues in the DWP regarding the need to extend the minimum income floor of universal credit beyond 13 November for self-employed people during the Covid outbreak?

[Lord Agnew of Oulton (Con)]

My Lords, I am aware that those discussions are ongoing but I do not have the figures to hand, so I will write to the noble Baroness about the latest thinking on that.

EU Exit: Negotiations and the Joint Committee

Baroness Ritchie of Downpatrick Excerpts

Wednesday 21st October 2020 Lords Chamber

[Lord True (Con)]

My Lords, I agree with my noble friend. I said to the House earlier that I rather heard that in the opening statements from the side opposite. Our position on fishing has been very clear: the waters are the waters of an independent state. We have put propositions on fishing, but the EU has not been prepared to negotiate. Its ask from the start was that life should continue as it was. We are an independent coastal state and whoever it may be—I do not name the BBC—has to recognise that.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, yesterday’s statement from the Government clearly indicated that it is the intention of the UK and the EU to intensify discussions around the implementation of the withdrawal agreement, particularly around citizens’ rights and the Northern Ireland protocol. How will that happen when it is the Government’s intention to subvert the Northern Ireland protocol through Part 5 of the internal market Bill?

[Lord True (Con)]

My Lords, that is a false characterisation of Part 5 of the internal market Bill. The Government are not subverting the Northern Ireland protocol; we are acting to implement it. The Government’s proposal, which your Lordships will have to discuss—I do not want to repeat the discussions we had yesterday—is that in certain circumstances we might have to protect our union against interference with free movement in the customs territory. On the joint committee proposals, the statement referred to the meeting that took place recently and the fact that another meeting will take place in November. The record of this Government on citizens’ rights for EU nationals has been outstanding and generous; we and, I understand, the Commission are pressing all member states to reciprocate. I hope very much that that will be the case.

EU: Future Relationship

Baroness Ritchie of Downpatrick Excerpts

Wednesday 23rd September 2020 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I have to confess that when I first had sight of this Motion coming from the Government, I wondered why as it clearly focuses attention on an aspect of the Government’s performance that leaves so much to be desired. I thank the Minister for his explanation today, but I think lots of questions need to be put, and answers need to be given.

I regard Brexit as a social and economic disaster for the UK, and in particular for Northern Ireland, but I accept that the UK has left and that the exit, however shambolic, will be completed by the end of the year, so the remarks I make here are not rerunning the Brexit debate. They are about the Government’s approach to the negotiations, which has been dreadful from the very start.

We set out with former Prime Minister May’s assertion that “Brexit means Brexit”, without any further elucidation. Contrastingly, the EU made its three requirements clear and patiently asked the UK Government to outline the kind of Brexit they wanted to negotiate, but it got no clear answer. Instead we have had the chaos of hard Brexit or soft Brexit, in the customs union or not in the customs union, backstop or no backstop, ERG and even a general election. We had a Brexit Secretary who did not like going to meetings and a Foreign Secretary who likened our negotiating partners to the Soviet Union.

Then we had a year of farce in the other place while the EU waited patiently, allowing more time for the UK Government to get their act together. Eventually we reached a withdrawal agreement which, along with the Northern Ireland protocol, settled the most vexed matter of all: the future of the EU-UK customs border. Then only in February this year, as the pandemic was starting to break around Europe, the UK Government finally said that they wanted a Canada-type trade deal.

Since that time, the UK Government’s approach to negotiating the future relationship with the EU has been characterised by bluster, brinkmanship and, I am sad to say, bad faith. There is a refusal to accept that along with the obvious benefits of the free trade agreement, which the EU actually wants to give us, we have to accept some responsibilities. Instead the Government want all of the freedoms and none of the obligations.

The negotiating strategy is based on “They need us as much as we need them”—surely one of the greatest untruths ever peddled in this country. With the introduction of the United Kingdom Internal Market Bill and some of the Prime Minister’s own recent utterances, the Government have taken that bluster, brinkmanship and bad-faith approach to a new level. Imagine legislating to disapply the withdrawal agreement while breaking international law in the process; ridiculously accusing the EU of bad faith when it is the other way around; ludicrously claiming that the purpose of the Bill is to defend the Good Friday agreement, when it threatens to do the exact opposite; and simultaneously grabbing power back from the devolved Administrations without their consent.

That is not all: while the Government’s approach has seriously damaged the prospects of a deal with the EU, we should remember that any deal with Mr Barnier has to get through an increasingly agitated European Parliament and EU 27, not to mention the warnings from Joe Biden and Nancy Pelosi about a US trade deal and the unnecessary damage to the UK’s relationship with Dublin.

This is doing real damage. Businesses in Northern Ireland, including hauliers, while apprehensive about new customs impositions, were satisfied that with the Northern Ireland protocol they could at last plan ahead. That has now been thrown into doubt. Only yesterday the Northern Ireland Assembly backed a Motion brought by my colleagues that roundly condemned the Government’s approach to the EU negotiations. Maybe the Minister could indicate what progress has been made on the deal relating to hauliers and indeed to fisheries? I think of both the Irish Government and the UK Government having jurisdiction in the Irish Sea. Will they be concluded soon? How will the Government protect our economy and society if there is no deal? How will they protect our devolution settlements?

Perhaps most ridiculous of all was the scene of Boris Johnson in the other place conjuring up fantastical images of the completely fictional threat of an EU blockade of UK food supplies, a nonsense that was brilliantly exposed by the colleague of the noble Baroness, Lady Hayter, Ed Miliband. Unfortunately, the PM still has to clown around with jokey notions of exports of Devon clotted cream being blockaded by the EU.

I am afraid for me and for the people of Northern Ireland. This has gone too far. We want to see a deal. We want to see those intricate sets of relationships that we have on the island of Ireland between north and south, within the north and between Ireland and Britain, as captured in the Good Friday agreement, protected and enhanced. We want no further nonsense such as we have seen espoused by the British Government. I hope the Minister can provide some answers today to those vexing questions on that vexing issue, because there was no doubt that the protocol provided an answer to that most vexed question of the border.

[The Deputy Chairman of Committees (Baroness Barker) (LD)]

Since the noble Lord, Lord Loomba, is not contributing this afternoon, I call the next speaker, the noble Lord, Lord Wei.

Brexit: Civil Service Code

Baroness Ritchie of Downpatrick Excerpts

Thursday 17th September 2020 Lords Chamber

[Lord True (Con)]

Yes, I strongly agree with my noble friend. I do think this is a matter that should be left to the judgment of the leaders of the Civil Service—the Cabinet Secretary of the time being the main one. My noble friend is of course quite right to say that—and this was reinforced in the Constitutional Reform and Governance Act—certain duties and responsibilities do apply to civil servants.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, could the Minister indicate what discussions have taken place with the Northern Ireland Civil Service regarding the application of the Civil Service Code when there are suggestions of non-compliance with the law—both international and domestic—since the Internal Market Bill will directly impact Northern Ireland?

[Lord True (Con)]

My Lords, I have not been advised on this specific matter within the devolved Administrations and in Northern Ireland, but I will write to the noble Baroness on the subject.

Parliamentary Constituencies Bill

Baroness Ritchie of Downpatrick Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 27th July 2020 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I am glad that the Government have decided to maintain the number of Members in the other place at 650. When I was a Member of the other place, I voted against that Bill and against the principle of reducing the number of seats to 600; 650 seems a sensible number to ensure that all parts of the UK are properly represented and maintains a link with all our diverse regions and communities, which would have been diminished if the number of seats had been reduced to 600.

However, I have some reservations about the Bill. The 5% variance rule between constituencies seems overly rigid and prescriptive. Indeed, the legislation recognises that this may not always be appropriate by increasing the number of protected constituencies from four to five. I also have concerns that the allocation of seats favours England at the expense of the other nations and regions of the UK. Northern Ireland maintains 18 constituencies but, under these proposals, Scotland loses three and Wales loses eight, while England gains 10. This seems a disproportionate shift of power towards the centre, which will embed “English votes for English laws” even more trenchantly. That is worrying, especially as devolution means that the democratic dynamic across these islands is moving in another direction. A locking clause to preserve seats in Scotland, Wales and Northern Ireland at their current numbers of 59, 40 and 18 respectively will help them to maintain their existing parliamentary influence.

Another concern is that the Bill concentrates too much on numbers and not enough on communities to protect constituencies for all discrete areas by virtue of the fact that they are islands. By definition, these seats are ordered on a “community first” approach. That approach should apply to constituencies in general, because of the nature of community cohesion. Finally, there must be parliamentary accountability for the final recommendations from the boundaries review. That cannot be left to unelected quangos or to be dealt with by Orders in Council.

Finance Bill

Baroness Ritchie of Downpatrick Excerpts

2nd reading & Committee negatived & 3rd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard) & Committee negatived (Hansard): House of Lords
Friday 17th July 2020 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Young of Norwood Green.

In many ways, I find it slightly surreal that we are discussing this Finance Bill today. The 11 March Budget, on which the Finance Bill is based, feels like a relic from another age. The Covid-19 pandemic means that we are now living in a completely different world. It has led to an economic contraction of 25% and the total cost of emergency measures could run as high as £300 billion. These are eye-watering figures.

The recent mitigating measures announced by the Chancellor are largely welcome as far as they go, but the extent of this crisis means that the Government need to engage in some bold and imaginative new thinking, including the relief on stamp duty for house buyers for one year. I hope the Minister will advise us of further thinking in this regard.

Covid-19 has created huge volatility and uncertainty, and the economic shock waves will be with us for years to come. This means that the policies of the past and the effect that they have, in both the public and private sectors, need a thorough examination. Nothing should be left off the table. One particular focus should be on making public revenues work as hard as possible, and I am thinking particularly about tax reliefs. Earlier this year, the National Audit Office concluded that these should be reviewed, and I wonder if the Minister could provide us with some further detail on that.

I want to refer to a matter in Northern Ireland. Earlier this year, in the first week of January, the Government signed up to a wide range of financial commitments in the New Decade, New Approach all-party settlement. The then Secretary of State for Northern Ireland, Julian Smith, was congratulated on delivering this agreement with the Northern Ireland parties after a long downtime. There are important commitments in that document about getting Northern Ireland’s critical infrastructure—in particular, water, transportation and health—up to UK norms after years of underinvestment. Could the Minister investigate this matter and, if that is not possible today, come back to me in writing about when those financial commitments will be delivered as promised in New Decade, New Approach to ensure that we have proper and adequate delivery of devolution? The regions are left wondering about the disparities and inequalities.

Covid-19: Economy

Baroness Ritchie of Downpatrick Excerpts

Thursday 4th June 2020 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl)]

My Lords, this pandemic has revealed the deep levels of poverty and inequality that are entrenched in many communities. Many of these existed prior to the pandemic but are now more acute. There have been greater levels of dependence on food banks for essential food provisions. Like the noble Lord, Lord Eatwell, I agree that most of this entrenchment has taken place since the period of austerity in 2010. Many people are now off work or out of work through furloughing. Some might not return to work if there are redundancies as a result of a deep depression. We need a review of economic and social welfare strategies, to reduce inequalities and ensure better levels of sustainability. There needs also to be action on climate, but I believe that this pandemic provides the Government, the Opposition and the wider community with the means to address these issues.

In Northern Ireland, tourism is one of our principal industries, and there has been an 80% drop in spend. Again, I turn to my old chestnut: will the Government consider, as part of a review of economic strategy, a drop in VAT for tourism products and the temporary abolition of air passenger duty to ensure that—subject to social distancing and all the other caveats—we get an increase in our numbers of visitors, who can then enjoy the level of tourism and the products that we have available? That would do much to enhance our local economy and ensure a reduction in inequality, and therefore sustain local employment. I ask the Minister to look at those issues.

EU: Plans for No Deal

Baroness Ritchie of Downpatrick Excerpts

Tuesday 2nd June 2020 Lords Chamber

[Lord True]

My Lords, I am not going with any particular prediction on this question, as I did not on an earlier one—there will be a range of opinions—but I fully agree with the noble Baroness that, were we to stay attached to the EU beyond December, we would face uncertain, unknown but substantial costs in terms of our duties to make payments to the European Union.

[Baroness Ritchie of Downpatrick (Non-Afl)]

What resources will be provided to implement the Northern Ireland/Ireland protocol in terms of staff and finance?

[Lord True]

My Lords, I cannot give a particular figure in reply to the noble Baroness, but, as I have tried to stress to her before, the Government recognise fully the importance of securing the internal market with Northern Ireland and will do all in their power to assist with that and to maintain the position that exists now.