My Lords, I start by thanking the noble Baroness, Lady Hoey, for introducing this Motion and allowing us to have such a detailed debate on this issue. I also thank all noble Lords who have contributed to the debate, some with a great deal of passion and energy. I know this is a subject close to many noble Lords’ hearts.
I draw noble Lords’ attention back to the very positive impact that this legislation will have on the union of the UK and on businesses and citizens right across our country. This statutory instrument will enable a broader group of goods originating from the rest of the world to move via the Northern Ireland retail movement scheme from GB to Northern Ireland. This enhances the existing measures in the Windsor Framework, which have already significantly reduced the requirements associated with the original Northern Ireland protocol. The list of eligible goods, which already includes products such as tomatoes, cauliflowers and New Zealand lamb, was designed in collaboration with industry stakeholders across the UK. Recently, I had a constructive and helpful discussion on the Windsor Framework with the Northern Ireland Business Brexit Working Group when I went to Belfast in August.
The Government will keep under review the movement of products from the rest of the world. We need to ensure that we can reflect and respond to industry feedback. My officials meet with businesses on a regular basis to discuss these matters and to support them in implementing the Windsor Framework, which I confirm to the noble Lord we are committed to delivering. This legislation delivers on a key commitment of the Safeguarding the Union Command Paper, which was published earlier this year and which the noble Lord also inquired about. As colleagues know, that provided the basis for the return of the Northern Ireland Executive.
In addition to expanding eligibility for goods from the rest of the world to use the Northern Ireland retail movement scheme, the Government are committed to supporting businesses in moving agri-food goods into Northern Ireland. To that end, since 30 September, the new tariff rate quota solution enables traders to take advantage of UK tariff quotas of over 13,000 tonnes of lamb, beef and poultry every year. As set out in our manifesto, this Government have been clear in their objective to secure improved arrangements for agri-food trade with the EU via a veterinary or SPS agreement. We are clear that we want to continue to simplify this process, as far as possible, to support the UK’s thriving agri-food trade.
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I will now go through some of the key points made and questions asked by the noble Baroness, Lady Hoey, and other noble Lords. On the Northern Ireland retail movement scheme, the list of goods from the rest of the world was established as part of the Windsor Framework and is designed to reduce significantly
checks and paperwork for retail agri-food products moving from Northern Ireland into the rest of the UK. Products imported from outside the UK or the EU—in other words, the rest of the world—can use this where the products feature on the list of goods from the rest of the world. Products are also included if they are substantially processed in GB or the EU, or if they have cleared an EU border control post.
There were also questions about why Northern Ireland is being treated differently under the Windsor Framework from the rest of the world. The idea with the Windsor Framework, as I am sure noble Lords are aware, is that we are trying to achieve the smooth flow of trade within the UK internal market to support Northern Ireland’s place in the UK. We want to try to remove the burdens that have, until now, been disrupting east-west trade.
On that note, I will give some more information about SPS zones, which the noble Lord, Lord McCrea, referred to. It is important to stress that the island of Ireland has always been a separate SPS zone. GB is a separate zone. Imports from other zones are subject to SPS certification import checks, such as ID checks. These products will continue to be subject to checks and SPS certification on entry into GB. They would have been subject to them without this SI. The addition of these products to the list of goods from the rest of the world means that international checks and certification for these products will no longer be necessary in order to move from GB to Northern Ireland.
On SPS zones, the noble Lady Baroness, Lady Suttie, asked about negotiations with the EU. All I can say is that it is very early days, but it is a top priority, and I am working with both the Cabinet Office and the Northern Ireland Office on how we move forward.
There were also questions about why EU laws and standards will continue to apply in Northern Ireland. Under the Windsor Framework agreement, agri-food goods produced and processed in Northern Ireland are required to meet EU standards. We have worked very hard to listen to feedback from farmers, food producers and food manufacturers in Northern Ireland, who told us that they prized their ability to produce and sell food across both the Great Britain and EU markets. I visited a very large dairy business just outside Belfast recently, and this is what they were focused on. They were also very keen that they remain an integral part of UK food supply chains with unfettered market access; however, at the same time, they need to be able to grow and develop their existing production models. As my noble friend Lady Ritchie said, we simply cannot allow our agri-food industry to be undermined—this is also a priority for the Government.
A number of noble Lords mentioned the influence of the EU on UK law and sovereignty. The UK will always be able to choose how to respond to changes in the EU’s import controls for any of the affected products. Government processes, established under the Windsor Framework guarantee, provide democratic oversight and the power permanently to veto an application of a harmful new rule to Northern Ireland.
On 1 February 2024, the Secretary of State signed into law the regulations that will give legal effect to the Stormont brake. The Government have now published
clear operational arrangements that underpin the Stormont brake’s use, reflecting our commitments in the Command Paper Safeguarding the Union.
In talking about the EU, the noble Baroness mentioned concerns about Article 14 powers and their use by the EU. We do not see that as a likely occurrence. Actually, rebuilding a constructive relationship with the EU is a reason to focus on the fact that it is less likely the EU will bring in these powers if it has a good, constructive working relationship with the UK Government. We are in frequent contact with the European Commission on all matters concerning the implementation of the Windsor Framework through the structures of the withdrawal agreement. As my noble friend Lady Ritchie pointed out, we have been clear on our objective to work closely and productively with our EU counterparts.
Noble Lords asked about consultation. Although there was no formal consultation on this SI, we have had extensive informal engagement on this matter. Senior officials regularly meet with a group of retailers and trade associations that represents retailers, both in GB and in Northern Ireland. It covers more than 200 retailers, plus thousands of smaller independent retailers, through a number of niche retail trade associations that are themselves members of the larger trade associations operating in this sector.
In September last year, the Government consulted that group to identify the priority products that could benefit from inclusion on the “rest of the world” list. As well as engagement with businesses, factors such as volumes of trade and impact on supply chains informed the products that are included in the scope of this legislation. In addition, we regularly engage with traders who use the Northern Ireland Retail Movement Scheme on an individual basis where issues specific to their businesses are raised.
I mentioned that I recently met businesses in Northern Ireland. I assure noble Lords that, for me, this is an ongoing process and an important part of my role in the department. I shall be visiting Belfast and speaking to businesses again before the end of this year.
I come to the noble Baroness, Lady Foster, who asked specifically about Brazilian meat. Brazilian meat can be moved under the Northern Ireland scheme, as I am sure she is aware, if it enters through an EU border control post before entering the UK. Moreover, products can be imported directly into Northern Ireland. From 30 September, the new tariff rate quota solution has enabled traders to take advantage of quotas, as I mentioned, of over 13,000 tonnes of lamb, beef and poultry. We are trying to reflect Northern Ireland’s integral place in the UK through this, but I assure the noble Baroness that officials have met with Universal Meats and that the list of products remains under review. As part of that ongoing work, I would be very happy to take into consideration the points of view expressed by the noble Baroness in this debate.
The noble Baroness, Lady Suttie, asked about regulatory divergence between the UK and the EU. We must continue to identify and assess regulatory developments and the implications for Northern Ireland, but if the UK and EU regimes do diverge, the UK will have to determine whether to adopt measures to
match the EU. Again, this will be part of our ongoing discussions with government and businesses in Northern Ireland.
This instrument upholds commitments made under the Windsor Framework, which facilitates the movement of goods throughout the UK while protecting the biosecurity of the island of Ireland. The changes mean that more products can move under the Northern Ireland Retail Movement Scheme, which benefits businesses and citizens right across the UK, significantly reducing certification and checking requirements and ensuring that citizens across the UK have access to the same products wherever they live. Again, this reflects the integral place of Northern Ireland in the UK, which, I stress, is the Government’s priority in this area.
I have focused very much on the statutory instrument that is in front of us. However, I understand that the noble Baroness, Lady Hoey, has wider concerns. I thank her and other Peers for having had a very constructive and helpful discussion last week. To noble Lords who represent areas in Northern Ireland, I say that I want to continue to work, going forward, in the constructive manner that we had in the meeting last week. I would be very happy at those meetings to pick up the many wider concerns that have been mentioned tonight and which lie outside the scope of this SI.