Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government which specific provisions of the Windsor Framework and UK legislation required the European Commission to give state aid approval for the Energy Business Discount Scheme in Northern Ireland.
Answered by Baroness Neville-Rolfe - Minister of State (Cabinet Office)
The Windsor Framework ensures that subsidy control provisions work as intended, serving to avoid market distortion on the island of Ireland, without interfering with Northern Ireland’s place in the UK internal market. It is consistent with Northern Ireland’s full access to both the UK and EU markets, which is what Northern Ireland businesses have consistently asked for.
In the case of the Energy Bills Discount Scheme (EBDS), where targeted support was provided to energy and trade intensive industries, under the relevant provisions set out under Article 10 of the Windsor Framework, there is a proven genuine and material link to Northern Ireland’s trade with the EU, not least with regard to the all-island Single Electricity Market. The EBDS scheme provides equivalent levels of support in Great Britain and Northern Ireland.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government whether the Wine (Revocation and Consequential Provision) Regulations 2023 permit the removal of the importer labelling requirement for wine imported directly into Northern Ireland from (1) the EU, and (2) the rest of the world.
Answered by Lord Douglas-Miller - Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)
The Wine (Revocation and Consequential Provision) Regulations 2023 apply to England only. Under the terms of the Windsor Framework, EU law applies to the import and marketing of wine in Northern Ireland. As a result, wine that is directly moved to Northern Ireland from the EU would not need an importer label, but wine imported directly to Northern Ireland from the rest of the world would need an importer to be shown. However, wine moving from GB to Northern Ireland under the Northern Ireland Retail Movement Scheme would not need to show a Northern Ireland importer.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government what assessment they have made of differences between the law on animal welfare in transport in Northern Ireland and that in England, and of the impact upon trade.
Answered by Lord Douglas-Miller - Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)
Northern Ireland operates under EU Regulation 1/2005 on the protection of animal welfare during transport and related activities. In England, minor operability amendments have been made to this Regulation, which is now assimilated legislation and as such we do not expect there to be any impact on trade.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government how many approvals have been sought from the European Commission for state aid in Northern Ireland since the coming into force of the Northern Ireland Protocol; what are these approvals; and what estimate they have made of the total amount of funds for which approval has been sought.
Answered by Baroness Neville-Rolfe - Minister of State (Cabinet Office)
The Windsor Framework addressed the risk of "reach back" of EU state aid rules and, based on past experience, ensures that more than 98% of aid can be granted without notification, preserving the functioning of the UK internal market. This sits alongside the uniquely generous arrangements for agricultural subsidies in Northern Ireland under the Framework. Under the old Protocol, there were 11 cases that required EU approval. Since the Windsor Framework, there has been only one such case, the Energy Bills Discount Scheme, which was resolved in order to ensure a UK-wide subsidy scheme, and continuing access to the EU market for all manufacturers in scope.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government whether the Wine (Revocation and Consequential Provision) Regulations 2023, which amend current importer labelling requirements for wine, will apply to wine entering Northern Ireland.
Answered by Lord Benyon - Minister of State (Foreign, Commonwealth and Development Office)
The Wine (Revocation and Consequential Provision) Regulations 2023 will remove the importer labelling requirement for wine imported into England. The benefits of this change will also apply to wine being moved to Northern Ireland where the Windsor Framework Retail Movement Scheme green lane arrangements are used.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government why it is not possible to ban the export of live animals from Northern Ireland.
Answered by Lord Benyon - Minister of State (Foreign, Commonwealth and Development Office)
The Animal Welfare (Livestock Exports) Bill will not apply in Northern Ireland, to ensure that farmers in Northern Ireland have unfettered access to the UK and Republic of Ireland markets. Under the Windsor Framework, Northern Ireland will continue to follow EU legislation on animal welfare in transport.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, further to the Written Answer by Lord Markham on 19 September (HL10107), what consultations have taken place about the membership of the independent advisory panel as set out in Implementing Decision (EU) 2016/786; and who has so far been appointed to the panel.
Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)
The last consultation by the European Commission on the Independent Advisory panel on characterising flavours in tobacco products was held from 15 July 2016 to 20 October 2016.
The current panel exists of six members. Members are appointed for a renewable term of five years. The Commission also has a list of reserved suitable panel members. The following experts are current members of the Independent Advisory Panel:
- Dr. Alberto Del Rio, Innovamol Consulting Srl, Bologna, Italy;
- Dr. Garmt Dijksterhuis, The Netherlands;
- Dr. Jan van Amsterdam, Department of Psychiatry, Academic Medical Center, Amsterdam, The Netherlands;
- Mr. Emmanuel Vanzeveren, It makes sense SPRL, Braine Le Comte, Belgium (Vice-chair);
- Dr. Wouter Visser, National Institute for Public Health and the Environment (RIVM), Bilthoven, The Netherlands; and
- Prof. Efthimios Zervas, Hellenic Open University, Patra, Greece (Chair).
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what checks, paperwork or monitoring will be introduced with respect to the movement of the goods covered by the Tobacco and Related Products (Amendment) (Northern Ireland) Regulations 2023 from Great Britain to Northern Ireland.
Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)
It is a requirement in the Tobacco and Related Products Regulations 2016 that heated tobacco products to be sold on the Northern Ireland market are notified on the European Union’s Common Entry Gateway six months before they are placed on the Northern Ireland market. A fee is payable to notify.
The Office for Health Improvement and Disparities in the Department of Health and Social Care in England manages notifications for tobacco products in Great Britain and Northern Ireland and publishes a list of compliant products notified on the GOV.UK website in an online-only format. The last list was published on 9 August 2023.
Heated tobacco products moving from Great Britain to Northern Ireland to be sold on the Northern Ireland market will need to compliant with the Tobacco and Related Products (Amendment) (Northern Ireland) Regulations 2023 from 23 October 2023. Each district council in Northern Ireland will monitor and enforce the new requirements.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what consultations they have carried out as to whether the rules and laws which will now be applied in Northern Ireland as a result of EU law applied under the Tobacco and Related Products (Amendment) (Northern Ireland) Regulations 2023 should also apply in the rest of the UK.
Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)
Departmental officials consulted with officials from the Department of Health in Northern Ireland about the Tobacco and Related Products (Amendment) (Northern Ireland) Regulations 2023.
No consultations have taken place as to whether regulatory changes in Northern Ireland should apply to heated tobacco products in Great Britain. Heated tobacco use remains low in Great Britain, but we will keep this under review, working with our counterparts in the devolved administrations.
The assessment given to regulatory divergence with the rest of the United Kingdom on the introduction of the regulation is that heated tobacco use throughout Great Britain and Northern Ireland is low. From 23 October 2023, there may be heated tobacco products that are permitted on the Great Britain market but that are not on the Northern Ireland market. It continues to be policy of the Department in England to discourage people from taking up tobacco, and to help people quit the use of it.
It will be an offence for anyone to sell heated tobacco products prohibited in the regulations in Northern Ireland. Each district council in Northern Ireland will enforce the new requirements under existing funding. These new requirements are not expected to be a significant burden on each district council, given the low use of heated tobacco products in Northern Ireland.
To assist with regulatory compliance for businesses selling heated tobacco, the Department has sent communications information on the regulations to the Northern Ireland Retail body and the Federation of Small Businesses, along with the suppliers of heated tobacco products on the Northern Ireland market. Information was also shared through the Northern Ireland Business Information website. The changes were also communicated to Northern Ireland councils through the Society of Local Authority Chief Executives.
No new regulation has been created in the Tobacco and Related Products (Amendment) (Northern Ireland) Regulations 2023 regarding creating an independent advisory panel. Implementing Decision (EU) 2016/786 continues to apply in Northern Ireland and lays down the procedure for the establishment and operation of an independent advisory panel to assist in this determination.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government how the different standards between Northern Ireland and the rest of the UK as a result of the Tobacco and Related Products (Amendment) (Northern Ireland) Regulations 2023 will be enforced; what paperwork will be required; and what checks will be carried out.
Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)
Departmental officials consulted with officials from the Department of Health in Northern Ireland about the Tobacco and Related Products (Amendment) (Northern Ireland) Regulations 2023.
No consultations have taken place as to whether regulatory changes in Northern Ireland should apply to heated tobacco products in Great Britain. Heated tobacco use remains low in Great Britain, but we will keep this under review, working with our counterparts in the devolved administrations.
The assessment given to regulatory divergence with the rest of the United Kingdom on the introduction of the regulation is that heated tobacco use throughout Great Britain and Northern Ireland is low. From 23 October 2023, there may be heated tobacco products that are permitted on the Great Britain market but that are not on the Northern Ireland market. It continues to be policy of the Department in England to discourage people from taking up tobacco, and to help people quit the use of it.
It will be an offence for anyone to sell heated tobacco products prohibited in the regulations in Northern Ireland. Each district council in Northern Ireland will enforce the new requirements under existing funding. These new requirements are not expected to be a significant burden on each district council, given the low use of heated tobacco products in Northern Ireland.
To assist with regulatory compliance for businesses selling heated tobacco, the Department has sent communications information on the regulations to the Northern Ireland Retail body and the Federation of Small Businesses, along with the suppliers of heated tobacco products on the Northern Ireland market. Information was also shared through the Northern Ireland Business Information website. The changes were also communicated to Northern Ireland councils through the Society of Local Authority Chief Executives.
No new regulation has been created in the Tobacco and Related Products (Amendment) (Northern Ireland) Regulations 2023 regarding creating an independent advisory panel. Implementing Decision (EU) 2016/786 continues to apply in Northern Ireland and lays down the procedure for the establishment and operation of an independent advisory panel to assist in this determination.