Asked by: Lord Empey (Ulster Unionist Party - Life peer)
Question to the Cabinet Office:
To ask Her Majesty's Government whether the arrangements contained in the Protocol on Ireland/Northern Ireland constitute a regulatory border in the Irish Sea.
Answered by Lord True - Shadow Leader of the House of Lords
Every part of the United Kingdom, including Northern Ireland, is an integral part of the Kingdom. As a result of the devolution settlements, there are legal and regulatory differences between the constituent nations. The Northern Ireland Protocol and the United Kingdom Internal Market Bill ensure unfettered access for goods from Northern Ireland to the rest of the Kingdom. The Protocol does make specific provisions in relation to the movement of goods, but it does not constitute a "border". The UK government has made extensive investment and arrangements to facilitate free movement of goods to Northern Ireland, and, working with the devolved administration, will keep under review all necessary actions to ensure that is delivered.
Asked by: Lord Empey (Ulster Unionist Party - Life peer)
Question to the Cabinet Office:
To ask Her Majesty's Government what plans they have to allow the EU to open an office in Northern Ireland; and what kind of presence in Northern Ireland the EU has requested.
Answered by Lord True - Shadow Leader of the House of Lords
As is detailed in the Command Paper published on Gov.uk on 10 October, the arrangements we have reached in principle with the European Commission, are clear that there will be no EU Belfast embassy or mission. Instead, the arrangements we have agreed will enable the EU to exercise their rights under Article 12, including with appropriate access to the information needed to do so, while fully respecting the sovereignty of the United Kingdom.
Asked by: Lord Empey (Ulster Unionist Party - Life peer)
Question to the Cabinet Office:
To ask Her Majesty's Government what the role of the Court of Justice of the European Union will be in relation to Northern Ireland from 1 January 2021.
Answered by Lord True - Shadow Leader of the House of Lords
The rules that apply to businesses and citizens in Northern Ireland derive from UK law, including rules given effect by the EU (Withdrawal) Act 2018. The rules on how to interpret rules given effect by retained EU law, which the courts must follow, are set out in section 6 of the EU Withdrawal Act. Section 6 of the 2018 Act also sets out the role of the Court of Justice of the European Union.
Asked by: Lord Empey (Ulster Unionist Party - Life peer)
Question to the Cabinet Office:
To ask Her Majesty's Government, further to the Written Answer by Lord True on 25 November, (HL10219), to (1) list the subset of rules concerning goods and electricity markets applying as a result of the Northern Ireland Protocol, (2) set out what, if any, consent arrangements were established for these rules to apply in Northern Ireland, and (3) set out what assessment they have made, if any, of the implications of these rules with regard to the European Commission exercising executive authority over Northern Ireland.
Answered by Lord True - Shadow Leader of the House of Lords
The rules applied by the Protocol are outlined in its text and Annexes. Parliament was provided with the assessments made regarding its implications during the passage of the EU (Withdrawal) Act 2020 which ratified the Withdrawal Agreement.
The consent arrangements are outlined in Article 18 of the Protocol and the Declaration of the United Kingdom of Great Britain and Northern Ireland concerning the operation of the ‘Democratic consent in Northern Ireland’ provision of the Protocol on Ireland/Northern Ireland. These arrangements are being provided in domestic law through The Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020, which is presently making its way through both Houses.
Asked by: Lord Empey (Ulster Unionist Party - Life peer)
Question to the Cabinet Office:
To ask Her Majesty's Government what powers will be exercised by the European Commission in Northern Ireland after the end of the transition period of the UK's departure from the EU; and within what legal framework any such powers will be exercised.
Answered by Lord True - Shadow Leader of the House of Lords
Further to my answer to PQ HL9634, all rules applied in Northern Ireland will be administered by the UK authorities.
As the Government set out in its Command Paper in May, the Northern Ireland Protocol applies a small subset of EU rules concerning goods and electricity markets for so long as the people of Northern Ireland vote to keep such arrangements in place.
Furthermore, in the case of any breach related to the Protocol the UK Government would always activate the appropriate formal dispute settlement mechanisms established under the Protocol in order to seek an appropriate solution.
Otherwise, the rules that apply to businesses and citizens in Northern Ireland derive from UK law, including rules given effect by EU (Withdrawal) Act 2018. The rules on how to interpret rules given effect by retained EU law, which the courts must follow, are set out in section 6 of the EU Withdrawal Act. The 2018 Act also provides for the dedicated mechanism, which also protects citizens in NI from any diminution of their human rights as a result of the UK's withdrawal from the EU.
Asked by: Lord Empey (Ulster Unionist Party - Life peer)
Question to the Cabinet Office:
To ask Her Majesty's Government to which courts any citizen or business in Northern Ireland may apply for relief if they disagree with a European Commission decision in Northern Ireland after the end of the transition period for the UK's departure from the EU; and whether the relevant courts will refer to UK or EU law.
Answered by Lord True - Shadow Leader of the House of Lords
Further to my answer to PQ HL9634, all rules applied in Northern Ireland will be administered by the UK authorities.
As the Government set out in its Command Paper in May, the Northern Ireland Protocol applies a small subset of EU rules concerning goods and electricity markets for so long as the people of Northern Ireland vote to keep such arrangements in place.
Furthermore, in the case of any breach related to the Protocol the UK Government would always activate the appropriate formal dispute settlement mechanisms established under the Protocol in order to seek an appropriate solution.
Otherwise, the rules that apply to businesses and citizens in Northern Ireland derive from UK law, including rules given effect by EU (Withdrawal) Act 2018. The rules on how to interpret rules given effect by retained EU law, which the courts must follow, are set out in section 6 of the EU Withdrawal Act. The 2018 Act also provides for the dedicated mechanism, which also protects citizens in NI from any diminution of their human rights as a result of the UK's withdrawal from the EU.
Asked by: Lord Empey (Ulster Unionist Party - Life peer)
Question to the Cabinet Office:
To ask Her Majesty's Government whether any EU officials will be involved in inspecting (1) agricultural produce, (2) foods, or (3) other goods, entering Northern Ireland from Great Britain after 31 December.
Answered by Lord True - Shadow Leader of the House of Lords
Further to Article 12(1) of the Northern Ireland Protocol, the authorities of the United Kingdom are responsible for implementing and applying the provisions of Union law made applicable by the Protocol. This includes the administering of checks on agri-food moving from Great Britain to Northern Ireland, from 1 January 2021.
Asked by: Lord Empey (Ulster Unionist Party - Life peer)
Question to the Cabinet Office:
To ask Her Majesty's Government what plans they have to appoint a 'territorial minister' to answer for the Government in the House of Lords on matters relating to Scotland, Wales and Northern Ireland.
Answered by Lord True - Shadow Leader of the House of Lords
Viscount Younger of Leckie speaks for the Northern Ireland Office and the Scotland Office, and Baroness Bloomfield of Hinton Waldrist speaks for the Wales Office.
A full list of Government Ministers and Lords Spokespersons can be found here - https://www.lordswhips.org.uk/government-spokespersons
Asked by: Lord Empey (Ulster Unionist Party - Life peer)
Question to the Cabinet Office:
To ask Her Majesty's Government what body will (1) determine, and (2) enforce, EU state aid rules in Northern Ireland after the end of the transition period.
Answered by Lord True - Shadow Leader of the House of Lords
The Northern Ireland Protocol sets out that EU state aid rules will apply in certain cases where relevant to trade between Northern Ireland and the EU. This does not mean that state aid rules will apply to Northern Ireland as they do today. State aid provisions apply only to trade ‘subject to the Protocol’. The Protocol is limited in scope to the movement of goods and wholesale electricity markets. Where trade is subject to the Protocol, the supervision and enforcement procedures it sets out will apply, as will the safety net provided by the UK Internal Market Bill.
Asked by: Lord Empey (Ulster Unionist Party - Life peer)
Question to the Cabinet Office:
To ask Her Majesty's Government what assessment they have made, if any, of the circumstances in which a company operating in both Great Britain and Northern Ireland would be subject to EU state aid rules in Northern Ireland but not subject to such rules in Great Britain.
Answered by Lord True - Shadow Leader of the House of Lords
The Northern Ireland Protocol sets out that EU state aid rules will apply in certain cases where relevant to trade between Northern Ireland and the EU. This does not mean that state aid rules will apply to Northern Ireland as they do today. State aid provisions apply only to trade ‘subject to the Protocol’. The Protocol is limited in scope to the movement of goods and wholesale electricity markets. Where trade is subject to the Protocol, the supervision and enforcement procedures it sets out will apply, as will the safety net provided by the UK Internal Market Bill.