United Kingdom Internal Market Bill

Nigel Evans Excerpts

Monday 21st September 2020 Commons Chamber

[The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)]

I should explain that, in these exceptional circumstances, although the Chair of the Committee would normally sit in the Clerk’s chair during Committee stage, in order to comply with social distancing requirements, I will remain in the Speaker’s Chair, although I will be carrying out the role not of Deputy Speaker but of Chairman of the Committee. We should be addressed as Chairs of the Committee, rather than as Deputy Speakers.

Clause 11

Modifications in connection with the Northern Ireland Protocol

Question proposed, That the clause stand part of the Bill.

[The Second Deputy Chairman]

With this it be convenient to take the following:

Amendment 45, in clause 40, page 31, line 16, at end insert—

“(d) the need to maintain the necessary conditions for continued North-South cooperation in—

(i) the areas of environment, health, agriculture, transport, education and tourism, energy, telecommunications, broadcasting, inland fisheries, justice and security, trade and business development, higher education and sport, and

(ii) any other area that may be agreed by a body established under the provisions of the Good Friday Agreement.”

This amendment would aim to build into the Bill the need for ministers to maintain the conditions necessary for North-South co-operation in areas specified under the Good Friday Agreement.

Amendment 48, page 31, line 16, at end insert—

“(d) the need to ensure that there would be no new checks on goods moving from Northern Ireland to Ireland, and

(e) the need to ensure that there would be no new checks on goods moving from Ireland to Northern Ireland.”

This amendment would aim to require Ministers to have special regard to ensuring that there are no new checks on goods moving from Northern Ireland to Ireland or vice versa

Amendment 41, page 31, line 16, at end insert—

“(1A) When exercising any functions covered by this Part, any appropriate authority has a paramount duty—

(a) to act without prejudice to all international and domestic law, including the Withdrawal Agreement;

(b) to address the unique circumstances on the island of Ireland;

(c) to maintain the necessary conditions for continued North-South cooperation;

(d) to avoid a hard border on the island of Ireland;

(e) to protect the Belfast/Good Friday Agreement in all its dimensions.”

This amendment is intended to provide a safeguard so that any actions with respect to Part 5 of the Bill must be consistent with relevant existing international and domestic law commitments, including the terms of the Withdrawal Agreement and its Ireland/Northern Ireland Protocol.

Amendment 68, page 31, line 16, at end insert—

‘(1A) Regulations that would introduce new requirements for goods traded from Great Britain to Northern Ireland may not come into force without the consent of the Northern Ireland Assembly.

(1B) No additional official or administrative costs consequent on any regulations of the kind mentioned in subsection (1A) may be recouped from the private sector.

The intention of this amendment is to require the consent of the Northern Ireland Assembly before trade frictions are imposed on goods traded from Great Britain to Northern Ireland, and to protect Northern Ireland businesses from paying for any new administrative costs.

Amendment 67, page 31, line 26, at end insert—

‘(2A) On or after IP completion day, an appropriate authority must not exercise any function in a way that would—

(a) result in an existing kind of GB-NI check, control or administrative process being used—

(i) for the first time, or

(ii) for a new purpose or to a new extent; or

(b) result in a new kind of GB-NI check, control or administrative process—

(i) being introduced, or

(ii) being used.

(2B) For the purposes of this section—

(a) a “GB-NI” check, control or administrative process is one applicable to the direct movement of goods produced in a part of the United Kingdom from Great Britain to Northern Ireland;

(b) goods are to be regarded as “produced in” a part of the United Kingdom (if not wholly produced there) if the most recent significant regulated step in their production has occurred there.”

(c) an “existing kind” of GB-NI check, control or administrative process is one that—

(i) was in use or available for use immediately before IP completion day, or

(ii) is the same as, or substantially similar to, one that was in use or available for use immediately before IP completion day (the “predecessor”);

(d) a “new kind of” GB-NI check, control or administrative process is one that is not of an existing kind;

(e) where an GB-NI check, control or administrative process is of an existing kind because of paragraph (b)(ii), that check, control or administrative process and the predecessor are to be treated as a single function for the purpose of determining whether subsection (1)(a) prevents its exercise;

(f) the purpose for which, or extent to which, a function would be used is “new” if the function has not been used for that purpose, or to that extent, before IP completion day.

(2C) A Minister of the Crown may by regulations amend this section so that it applies to a type of movement instead of, or in addition to, a type of movement to which it already applies (whether that type of movement is direct movement or another type of movement provided for by regulations under this subsection).”

The intention of this amendment is to mirror in Clause 40, in relation to the movement of goods from Great Britain to Northern Ireland, the unfettered access NI-GB provisions in Clause 41.

Clause 40 stand part.

Amendment 69, in clause 41, page 32, line 4, at end insert—

“(c) result in a new cost on an Northern Ireland business in accessing the market or in meeting conditions of sale on the market that would not exist for Great Britain businesses.”

The intention of this amendment is to make unlawful both direct costs and administrative processes and indirect costs such as labelling etc being imposed on Northern Ireland businesses after IP completion day.

Amendment 52, page 32, line 4, at end insert—

‘(1A) An appropriate authority exercising any function to which this section applies must have regard to the obligations of the United Kingdom under the Withdrawal Agreement, including in particular the duty to seek resolution of disputes through the Joint Committee.”

The intention of this amendment is to confirm the process agreed in the Withdrawal Agreement as the mechanism for dispute resolution.

Government amendment 61.

Amendment 53, page 32, line 19, leave out paragraph (b).

The intention of this amendment is to omit the disapplication of international domestic law under Clause 45.

Government amendment 62.

Amendment 70, page 32, line 25, after “direct” insert “or indirect”

The intention of this amendment is to include within the definition of “NI-GB check” goods which travel indirectly (via Dublin, for example) from Northern Ireland to Great Britain.

Amendment 71, page 32, line 48, at end insert—

‘(5A) Before making regulations under this section, a Minister of the Crown must consult and have regard to the views of the Northern Ireland Executive on the proposed regulations.”

The intention of this amendment is to require the Minister to consult the Northern Ireland Executive before making amending the Clause on unfettered access.

Government amendment 63.

Clause 41 stand part.

Amendment 54, in clause 42, page 33, line 40, at end insert “, and

(c) the need to respect the rule of law.”

This amendment would require Ministers to take into account the rule of law when making regulations about exit procedures for goods moving from Northern Ireland to Great Britain.

Amendment 55, page 33, line 44, leave out subsection (5).

This amendment would remove the provision allowing international and domestic law to be disregarded when regulating exit procedures.

Clause 42 stand part.

Amendment 56, in clause 43, page 34, line 21, after “provision” insert

“while having due regard to the rule of law and human rights”

This amendment would require the Secretary of State to respect the rule of law and human rights while making provisions under this Clause.

Amendment 57, page 34, line 23, leave out line 23.

This amendment would prevent the disapplication or modification of NI Protocol Article 10 under this Clause.

Amendment 58, page 34, line 26, leave out lines 26 to 28.

This amendment would protect, under this section about Article 10 of the Northern Ireland Protocol, persons having a right of action in respect of aid.

Amendment 59, page 34, leave out lines 41 to 44.

This amendment would stop regulations under this section about NI Protocol Article 10 having the effect that making rights, powers, liabilities, obligations, restrictions, remedies and procedures that would otherwise apply in relation to aid, would not be recognised because they are derived from international or domestic law.

Clause 43 stand part.

Amendment 60, in clause 44, page 35, line 20, at end insert—

‘(1A) The Secretary of State must take into account the need to respect the rule of law in considering whether and how to comply with the requirements mentioned in subsection (1).”

This amendment would require the Secretary of State to respect the rule of law in complying with the duty to notify state aid in accordance with Article 10 of the Northern Ireland Protocol.

Clause 44 stand part.

Government amendment 64.

Amendment 31, in clause 45, page 36, line 17, at end insert—

‘(3A) The meaning of “incompatible”, “inconsistent”, “incompatibility” and “inconsistency” in this Part shall be determined by regulations made by statutory instrument by the Secretary of State.

(3B) Regulations under subsection (3A) may not be made unless a draft of the regulations has been laid before Parliament and approved by resolution of the House of Commons.

(3C) Any draft of regulations laid before Parliament under subsection (3B) must be accompanied by an impact assessment of Her Majesty’s Government’s obligations under international law on Part 5 of this Act.”

This amendment would require the definition of incompatible, inconsistent, incompatibility and inconsistency to be determined only after an impact assessment of the UK Government’s obligations under international law has been carried out (see Amendment 32).

Amendment 42, page 36, line 17, at end insert—

‘(3A) If no agreement has been reached before IP completion day between the EU and the United Kingdom on the free movement of goods in both directions between Northern Ireland and the rest of the United Kingdom, a Minister of the Crown may lay before each House of Parliament a unilateral interpretative declaration, applicable to the Protocol on Ireland/Northern Ireland, setting out how interruption of the free movement of goods between Northern Ireland and the rest of the United Kingdom would not be in accord with the Protocol.”

The purpose of this amendment would be for the Government to utilise a unilateral interpretative declaration in order to preserve free movement of goods between Northern Ireland and the rest of the UK without tariffs or controls in the event of no deal.

Amendment 32, page 36, line 18, at end insert—

““incompatible”, “inconsistent”, “incompatibility” and “inconsistency” have the meaning given in accordance with subsection (3A);”

This amendment would require the definition of incompatible, inconsistent, incompatibility and inconsistency to be determined only after an impact assessment of the UK Government’s obligations under international law has been carried out (see Amendment 31).

Government amendment 65.

Amendment 46, page 36, leave out line 20.

This amendment would aim to put in place an understanding that each section of the Act should be compatible or consistent with the Northern Ireland Protocol.

Amendment 43, page 36, line 27, leave out “whatsoever” and insert

“other than the Human Rights Act 1998 and the European Convention on Human Rights”

This amendment excepts the Human Rights Act 1998 and the European Convention on Human Rights from the definition of “relevant domestic and international law.”

Amendment 44, page 36, line 28, at end insert

“other than the High Court, Upper Tribunal or Court of Session when considering an application for judicial review.”

This amendment seeks to make it clear that nothing in Clause 45 ousts the jurisdiction of domestic courts in respect of judicial review of regulations made under Clauses 42 and 43.

Amendment 47, page 36, line 28, insert —

‘(none) “but excludes any provision of—

(a) the European Convention on Human Rights,

(b) the Human Rights Act 1998,

(c) the Northern Ireland Act 1998, or

(d) the Northern Ireland (St Andrews Agreement) Act 2006.”

This amendment would aim to put in place an understanding that each section of the Act should be compatible or consistent with the legislation specified.

Clause 45 stand part.

Clause 50 stand part.

New clause 6—Duty to seek free movement of goods from Northern Ireland to Great Britain—

Ministers of the Crown must use their best endeavours to seek through the Joint Committee (established in the Withdrawal Agreement) the disapplication of export declarations and other exit procedures for goods of Northern Ireland moving to Great Britain, in a manner consistent with the terms of the Withdrawal Agreement and other international obligations.”

This new clause, while recognising that under the Withdrawal Agreement export declarations and exit procedures fall under the ambit of the EU Customs Code, would mandate the UK Government to use its endeavours to achieve a waiver for Northern Ireland origin goods moving to Great Britain.

New clause 7—Compatibility—

No power under this Act may be exercised by an appropriate authority unless the exercise (or purpose of the exercise) would be compatible and consistent with—

(a) the Good Friday or Belfast Agreement of 10 April 1998 between the Government of the United Kingdom and the Government of Ireland and the other participants in the multi-party negotiations, which is annexed to the British-Irish Agreement of the same date, or

(b) any domestic legislation or subsequent agreement implementing the Agreement.”

This new clause would aim to ensure that powers could not be used under the Bill if they were incompatible or inconsistent with the Good Friday Agreement or its associated documents.

Amendment 78, in clause 10, page 7, line 17, at end, insert—

‘(2A) In making these regulations, the Secretary of State must have special regard to the need to maintain the integral place of Northern Ireland in the United Kingdom internal market.

The intention of this amendment is to ensure that further exclusions from the application of the access principles have regard to safeguarding unfettered access of NI businesses to the UK Internal Market.

Amendment 79, in schedule 1, page 44, line 40, at end, insert—

‘(6A) In the case that there is one REACH authorisation process for Great Britain, an authorisation that is lawful for the Northern Ireland market will be valid for the Great Britain market.”

The intention of this amendment is to apply the non-discrimination principle to the REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) regime.

Amendment 4, in clause 54, page 41, line 24,at end insert—

‘(2A) The relevant sections of this Act come into force in accordance only if—

(a) a Minister of the Crown has moved a motion in the House of Commons specifying on which date a relevant section comes into force, and

(b) that motion is approved by resolution of the House of Commons.

(2B) The relevant sections for the purposes of subsection (2A) are sections 42, 43 and 45.”

This amendment would prevent any of sections 42 (Power to disapply or modify export declarations and other exit procedures), 43 (Regulations about Article 10 of the Northern Ireland Protocol) and 45 (Further provision related to sections 42 and 43 etc) coming into force before the House of Commons had approved by resolution the date from which they would take effect.

Government amendment 66.

Everyone will know that the call list is very well subscribed, so may I ask at this stage that those taking part show some self-discipline as to the length of contributions made, so that as many MPs as possible may be able to participate in this part of the Committee?

--- Later in debate ---

[The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)]

Order. Let me remind the House one more time that there is a very long call list, so please show time restraint when making contributions.

[Mrs May]

It is with some regret that I rise to speak on clauses 41 to 45. May I just say to the Minister that the overall intention of the Bill—of ensuring a functioning internal market within the United Kingdom—is absolutely right? I believe passionately in the integrity of the United Kingdom. It is not just a belief; I think it is good for the prosperity of all parts of the United Kingdom.

Today, we are focusing on the parts of the Bill that relate to the Northern Ireland protocol, part of the withdrawal agreement—the withdrawal agreement that was signed by my right hon. Friend the Prime Minister less than a year ago. I can say to the Minister that, in my view, clauses 41 to 45 have no place in this Bill. We are told that they are there because the EU either is acting in bad faith, or might act in bad faith. This is because the withdrawal agreement put a border down the Irish sea and the Government cannot accept that—but the Government did accept that when they signed the withdrawal agreement with the European Union, and I assume that, when they did so, the Government signed that in good faith. Yet here we have clauses 41 to 45 saying that the Government should have the ability to renege on parts of the withdrawal agreement to break international law.

There are three reasons why I believe that these clauses have no place in the Bill. The first, which has been referred to in earlier interventions, is that it is unnecessary. There is an arbitration process available. Under article 175, the ruling of the arbitration panel should be binding on the UK and the EU. The Government have acknowledged the existence of the arbitration procedure, but they are saying that they would enter into that in parallel with the operation of the elements of this Bill. The message, it seems to me, is very clear, which is, if we do not like the outcome of the arbitration panel, then we will break international law and we will not accept it. Yet, again, that is breaking the international treaty—an agreement that UK Government signed—because it is breaking article 175, which says that the view of the arbitration panel shall be “binding” on both parties. However, there is not just an arbitration process available. As the right hon. Member for Leeds Central (Hilary Benn) referred to, article 16 says:

“If the application of this Protocol leads to serious economic, societal or environmental difficulties that are liable to persist, or to diversion of trade, the Union or the United Kingdom may unilaterally take appropriate safeguard measures.”

Clauses 41 to 45 are not necessary.