Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, how many of the protocols or joint interpretive instruments annexed to EU treaties to which the UK is party have been the subject of specific parliamentary approval and have legally binding status equivalent to the relevant treaty.
Answered by James Cleverly - Home Secretary
The Protocols and Annexes to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) (as amended) “form an integral part thereof” as set out in Article 51 of the TEU i.e. they have the same legal status as the Treaties.
Joint or unilateral interpretative statements annexed to treaties are relevant to the interpretation of those treaties in accordance with article 31 of the Vienna Convention on the Law of Treaties and have binding legal force where they are accepted by the parties.
When Parliament approved the UK’s accession to the EU it approved accession to all existing EU Treaties as described in part 1 of Schedule 1 to the European Communities Act 1972. Thereafter, Parliament also approved all subsequent Treaties (including protocols or annexes thereto) amending the TEU or the TFEU as described in the definition of “the Treaties” or “the EU Treaties” set out in section 1(2) of the European Communities Act 1972.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, if he will list areas of competence where the UK Competition and Markets Authority will be obliged to refer matters for decision by the European Commission under the terms of the draft Withdrawal Agreement.
Answered by Kwasi Kwarteng
Under the terms of the draft Withdrawal Agreement, the Commission will continue its current role enforcing EU State aid and competition rules in the UK during the implementation period.
Thereafter, in the event of the backstop entering into force the Competition and Markets Authority (CMA) would be responsible for enforcing competition rules and assessing mergers in the UK.
The CMA would also be responsible for regulating State aid in the UK, with the exception of measures affecting trade in goods between Northern Ireland and the EU, which the Commission would continue to regulate. The CMA would be required to consult the Commission on draft State aid decisions, but crucially the Commission’s opinion would not be binding on the CMA.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, what goods are exempt from the provisions of Annex five of the EU Withdrawal Agreement.
Answered by Robin Walker
The annexes to the Protocol set out the small fraction of EU rules that would apply in the event that the backstop was in effect - though as we have been clear, we fully expect alternative arrangements to be in place to avoid the need for its use by the end of 2020.
In that scenario, the only EU rules that apply would be the fraction strictly necessary to avoid a hard border on the island of Ireland and give frictionless access to the EU market for all goods from Northern Ireland’s businesses. That includes, as we have set out in the explainer to the Agreement and other accompanying documents, product standards on industrial goods and agricultural goods. But the net effect in a backstop would be significantly increased powers and flexibility for a restored Northern Ireland Assembly and for Parliament. For example, the Protocol is clear that in the case of non-harmonised goods (such as clothing), the placing of goods on the market would be a matter for the United Kingdom.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, what recent discussions he has had with the (a) National crime Agency and (b) PSNI on contingency preparations for the UK leaving the EU without a deal.
Answered by Robin Walker
The Government has been clear that we do not want or expect a no deal scenario
Achieving agreement on the terms of the UK’s withdrawal from the EU, and securing a detailed Political Declaration on the terms of our future relationship has meant that the chances of no deal have been reduced considerably. However, the Government continues to prepare for all eventualities.
We are working across Government to develop and implement our preparations to leave the EU. This includes discussions between the Home Office and law enforcement agencies and local authorities, including the National Crime Agency and the Police Service of Northern Ireland, on how to ensure ongoing security and effective policing regardless of the outcome of negotiations.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, what assessment has been made of the effect on the operation of Tourism NI and Tourism Ireland of the proposed EU Withdrawal Agreement.
Answered by Chris Heaton-Harris - Secretary of State for Northern Ireland
The Northern Ireland Protocol to the Withdrawal Agreement, at Article 13, contains a commitment that the UK and the EU will respectively maintain the necessary conditions for North-South cooperation following the UK’s withdrawal from the EU. This includes tourism, which is a formal area of cooperation agreed by the North-South Ministerial Council (NSMC) under Strand II of the Belfast Agreement.
The Attorney-General’s legal commentary on the Agreement made clear that Article 13 does not alter the remit or functions of the NSMC or the North-South Implementation bodies, nor does it alter arrangements under Strand II of the 1998 Agreement in any way. The Protocol acknowledges that the UK and Ireland may continue to make new arrangements that build on the provisions of the 1998 Agreement in other areas of North-South cooperation on the island of Ireland. In accordance with the position set out in the recitals, the functions and safeguards of the Assembly and the NSMC (including cross-community provisions) will be respected in full.
Thus the Protocol and its recitals recognise that any new arrangements - whether expansion or diminution in areas of cooperation - are a matter for the Northern Ireland Executive and Irish Government alone, through the NSMC. The status, functions, and remit of Tourism NI and Tourism Ireland are completely unaffected.
It is important also to note that the Article also does not require any application of EU law in Northern Ireland. It is therefore exempt from the specific EU supervision and enforcement provisions set out in the Protocol. Cooperation will remain a matter for two sovereign jurisdictions on the island of Ireland to decide in accordance with the respective legal regimes.
The most significant effect of the Withdrawal Agreement in relation to tourism is to ensure that, under the Common Travel Area arrangements, individuals can continue to travel freely between the United Kingdom, including Northern Ireland, and Ireland.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, what advice was commissioned on the implications of the proposed EU Withdrawal agreement for the operation and powers of institutions established under the Belfast Agreement.
Answered by Robin Walker
Throughout the negotiations, the UK Government has been unwavering in its commitment to upholding the Belfast (Good Friday) Agreement in all its parts. This is a commitment we have upheld in full in the Northern Ireland Protocol.
As the Attorney-General sets out in his legal commentary, the objectives of the Protocol, as set out at Article 1(3), are to address the unique circumstances on the island of Ireland, maintain North-South cooperation, avoid a hard border on the island of Ireland, and protect the Belfast Agreement in all its dimensions.
This includes the ongoing operation of the institutions the Belfast Agreement establishes. For example, Article 13 requires the Protocol to be implemented and applied so as to maintain the necessary conditions for continued North-South cooperation. But the provision does not alter the remit or functions of the North-South Ministerial Council or the North-South Implementation bodies.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, what progress he has made in negotiations with the EU on UK participation in European Reference Networks after the UK leaves the EU.
Answered by Chris Heaton-Harris - Secretary of State for Northern Ireland
In our July 2018 White Paper we set out our ambition to explore continued participation in European Reference Networks as part of a future agreement on science and innovation.
Since then we have made progress in negotiations with the EU. The publication of the Political Declaration in November was a significant milestone, and outlined a clear vision for our future relationship with the EU, including cooperation on areas of shared interest such as science and innovation. The Withdrawal Agreement was also published in November and both documents were endorsed by EU Member States at the special European Council on Sunday 25 November. This provided clarity to industry on the terms of our implementation period, during which UK healthcare providers would be able to continue participating in European Reference Networks.
The UK would like to explore participation in European Reference Networks beyond 2020 as part of detailed negotiations on our future relationship. We believe that the UK’s continued participation in these networks benefits citizens, researchers and patients across the UK and the EU, and we look forward to discussing this with the EU.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, what progress he has made in negotiations with the EU on the UK's participation in the Prum Convention on the exchange of fingerprint, DNA and vehicle registration data after the UK leaves the EU.
Answered by Chris Heaton-Harris - Secretary of State for Northern Ireland
Swift and effective data exchange is a vital component of modern law enforcement and criminal justice cooperation.
As set out in the Political Declaration, the UK and EU have already agreed the need for a reciprocal exchange of fingerprints, DNA and vehicle registration data, delivered through the Prüm system.
This capability, once fully implemented by the UK, will help bring criminals and terrorists to justice both in the UK and the EU.
The exact nature of future cooperation on this form of data sharing will be determined by formal negotiations once the UK has left the EU on the 29th March 2019.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, what steps he has taken in negotiations on the UK leaving the EU to promote mutual access to medicines and drugs.
Answered by Robin Walker
The UK is proposing a UK-EU free trade area, underpinned by a common rulebook. For industrial goods, including medicines, it would cover rules that set requirements for placing a product on the market. It would also feature bespoke provisions for human and animal medicines which reflect their unique status, and would be supplemented by continued UK participation in the European Medicines Agency. We look forward to continuing our negotiations with the EU on this issue.
In the unlikely event that it is not possible to reach a mutually satisfactory deal with the EU, the Department of Health and Social Care has already set outs its plans in technical notices to ensure that patients can continue to access medicines, including recognising batch-testing carried out in the EU.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, what discussion he has had with his EU counterparts on the future status of UK citizens working in EU (a) institutions, (b) bodies and (c) agencies after the UK leaves the EU.
Answered by Suella Braverman
I refer my Rt Hon Friend to the answer I gave him in response to PQ139985.
In addition to the recent European Commission decision regarding aspects of the post-exit employment status of UK staff.
(available online: http://ec.europa.eu/transparency/regdoc/rep/10061/2018/EN/PV-2018-2249-F1-EN-MAIN-PART-1.PDF))
A number of other EU institutions have made similar decisions. The Government welcomes this and hopes that other EU institutions, agencies and bodies will follow suit to provide consistency of treatment of UK nationals working across the EU institutions.