Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government, further to the publication of the document ‘The Windsor Framework: The Green Lane’ on 9 June, whether the date at which traders experience a benefit from the green lane in terms of simplified customs, and sanitary or phytosanitary forms, is being put back by 12 months to 1 October 2024.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
The Windsor Framework is the best deal for Northern Ireland, restoring the smooth flow of goods, protecting Northern Ireland's place in the Union and delivering a robust framework for solving future issues.
The implementation of the Framework is proceeding to the timeline set out when the agreement was announced.
Some arrangements are already in force, including the Duty Reimbursement Scheme for EU duty paid on "at risk" goods which have been sold or used outside of the EU.
From 30 September 2023, a new UK Internal Market Scheme will expand the range of businesses able to benefit from the new arrangements provided to protect internal UK movements, including the removal of EU tariffs. In tandem, from October the new sanitary and phytosanitary "green lane" arrangements will take effect: including a new Retail Movement Scheme for agrifood retail products; new rules to allow plants to move smoothly in to Northern Ireland; and new arrangements to enable seed potatoes to move once again from Great Britain to Northern Ireland.
From September 2024, the full "green lane" will take effect for the movement of all goods between Great Britain and Northern Ireland, expanding the benefits of the UK Internal Market Scheme to end unnecessary bureaucracy. This will ensure that goods will no longer move on the basis of international customs requirements, with a new system based on commercial information.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government whether there is any ban or restriction in law on the commercial sale of seeds or plants, either online or otherwise, from a business in Great Britain to an individual in Northern Ireland who is not designated as a professional operator.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
There is no ban in law specifically concerning the form of commercial sale of plant products from businesses in GB to consumers in NI. Most plants and seeds staying in Northern Ireland will move from Great Britain on a virtually identical basis to those moving elsewhere within the UK. Instead of full EU certification, plants and seeds will move under the framework of the existing UK-wide plant passport scheme, in line with traders throughout the UK, will now move within the same plant passport regime as applies throughout the UK.
As we put these arrangements into practice we will work closely with a wide range of stakeholders to ensure gardeners, farmers and growers can access plants and seeds from a wide variety of sources.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government, further to the Written Answer by Lord Ahmad of Wimbledon on 21 March (HL6296), what are the (1) names, and (2) titles, of the EU laws which will remain in force in Northern Ireland under the Windsor Framework, which would otherwise be subject to removal under the provisions of the Retained EU Law Bill.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
The UK Government is committed to taking the necessary steps to uphold the UK's international obligations, including the Withdrawal Agreement and the Windsor Framework, as set out in the previous answer. As also set out, all of the rules disapplied are set out in the legal texts published as part of the Windsor Framework. By the EU's own calculations, less than 3 percent of EU rules apply - with those that remain only applying to secure maximum free trade and market access for Northern Ireland firms. It should also be recognised that this is not a straightforward list, as some of those rules will be applied in part for the red lane but not applied in the green lane, for example. But, for example:
- Annex 1 of the Sanitary and Phytosanitary legal text shows that 67 rules on food and drink do not apply in the green lane - covering issues like marketing standards, food supplements and additives, and the production of organic products. It also disapplies the certification requirements in the EU Official Controls Regulation, as well as the prohibitions on various movements set out therein.
- Requirements in the Union Customs Code (UCC) for rules of origin certificates, tariffs, and commodity codes for each movement do not apply for internal UK trade; nor are there any requirements for customs declarations for consumer parcels, which are classified automatically as "not at risk". And we have secured unfettered access by removing any need for export declarations or equivalent information for goods moving from Northern Ireland to Great Britain as would otherwise have been set out in the UCC.
- In a similar vein, and as noted previously, the requirements in the VAT Directive which prevented the zero-rating of energy-saving materials has been disapplied, enabling the changes we brought forward in Parliament this week; as have limits on alcohol duty structures in EU rules harmonising excise duty structures.
- And for medicines we have disapplied any role for the European Medicines Agency in authorising medicines for the UK market, as otherwise set out in EU rules on the authorisation and supervision of medicinal products; and removed packaging any other requirements in the Falsified Medicines Directive.
These changes have safeguarded Northern Ireland's place in the Union and our internal market, while continuing to support Northern Ireland's businesses by providing them access to the whole UK market as well as the EU market.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government, further to the Written Answer by Lord Ahmad of Wimbledon on 21 March (HL6299), what are the (1) names, and (2) titles, of the EU rules for internal UK trade which are disapplied by the operation of the Windsor Framework; and which customs provisions are removed.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
The UK Government is committed to taking the necessary steps to uphold the UK's international obligations, including the Withdrawal Agreement and the Windsor Framework, as set out in the previous answer. As also set out, all of the rules disapplied are set out in the legal texts published as part of the Windsor Framework. By the EU's own calculations, less than 3 percent of EU rules apply - with those that remain only applying to secure maximum free trade and market access for Northern Ireland firms. It should also be recognised that this is not a straightforward list, as some of those rules will be applied in part for the red lane but not applied in the green lane, for example. But, for example:
- Annex 1 of the Sanitary and Phytosanitary legal text shows that 67 rules on food and drink do not apply in the green lane - covering issues like marketing standards, food supplements and additives, and the production of organic products. It also disapplies the certification requirements in the EU Official Controls Regulation, as well as the prohibitions on various movements set out therein.
- Requirements in the Union Customs Code (UCC) for rules of origin certificates, tariffs, and commodity codes for each movement do not apply for internal UK trade; nor are there any requirements for customs declarations for consumer parcels, which are classified automatically as "not at risk". And we have secured unfettered access by removing any need for export declarations or equivalent information for goods moving from Northern Ireland to Great Britain as would otherwise have been set out in the UCC.
- In a similar vein, and as noted previously, the requirements in the VAT Directive which prevented the zero-rating of energy-saving materials has been disapplied, enabling the changes we brought forward in Parliament this week; as have limits on alcohol duty structures in EU rules harmonising excise duty structures.
- And for medicines we have disapplied any role for the European Medicines Agency in authorising medicines for the UK market, as otherwise set out in EU rules on the authorisation and supervision of medicinal products; and removed packaging any other requirements in the Falsified Medicines Directive.
These changes have safeguarded Northern Ireland's place in the Union and our internal market, while continuing to support Northern Ireland's businesses by providing them access to the whole UK market as well as the EU market.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government which genera of plants that are banned from being brought into Northern Ireland will remain banned after the implementation of the Windsor Framework; and which will no longer be banned.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
We have paved the way to allow 11 banned plant species to move again by the time of the next planting season. Those were priority cases identified by industry itself, and we will progress further cases wherever there is industry appetite. These have not been able to move from Great Britain to Northern Ireland since the Protocol came into force. Two species - Ligustrum japonicum and L. delavayanum - are already able to move following the Windsor Framework.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government whether any plants or trees will be banned from being brought into Northern Ireland under the Windsor Framework.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
We have paved the way to allow 11 banned plant species to move again by the time of the next planting season. Those were priority cases identified by industry itself, and we will progress further cases wherever there is industry appetite. These have not been able to move from Great Britain to Northern Ireland since the Protocol came into force. Two species - Ligustrum japonicum and L. delavayanum - are already able to move following the Windsor Framework.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government whether a private individual in Northern Ireland can legally be sent plants or trees from Great Britain, under the Windsor Framework, without the need for professional registration.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
Plants and seeds will be able to once again move easily within the UK. Plants will now move within the same plant passport regime as applies throughout the UK. As we put these arrangements into practice we will work closely with a wide range of stakeholders to ensure gardeners, farmers and growers can access plants and seeds from a wide variety of sources.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government whether any plant in Great Britain may be brought legally into Northern Ireland under the Windsor Framework, including those with soil from Great Britain remaining on the roots.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
We have removed the requirement for a phytosanitary certificate on the movement of plants and seeds, meaning there will be no bar to plants with soil attached being able to move between Great Britain and Northern Ireland. Plants will move under the framework of the £120 a year UK-wide plant passport regime.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government which statutory instruments have been published to give effect to the Windsor Framework; and what plans they have to ensure that House of Lords select committees have sufficient time to scrutinise those instruments before motions are tabled for their approval.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
Implementing the Framework expeditiously is essential to providing assurance and certainty as to what the Framework will mean in practice. At present, the Government has laid the Windsor Framework (Democratic Scrutiny) Regulations 2023 and The Value Added Tax (Installation of Energy-Saving Materials) Order 2023.
The Government will continue to bring forward legislation to give effect to the Windsor Framework in a way that enables scrutiny by Parliament, and to engage with the scrutiny committees of Parliament in order to support their work.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government what changes to the role of the European Court of Justice in Northern Ireland will be made as a result of the Windsor Framework; and how any such change be implemented in law.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
The Windsor Framework removes 1,700 pages of EU law, and with them any European Court of Justice (ECJ) interpretation and oversight in those areas. Furthermore, the Stormont Brake would enable a sovereign UK Government decision to veto the application of new EU laws and accompanying ECJ oversight within Northern Ireland. This safeguard in the treaty itself is not subject to ECJ oversight, and any dispute on this issue would be resolved through subsequent independent arbitration according to international, not EU law.
In the limited circumstances in which EU rules do continue to apply, the UK and EU are clear that political routes should be used to seek to resolve issues before resorting to formal dispute settlement and that the fundamental underpinning of this arrangement is in international law, not EU law and the EU institutions.