I commend to the hon. Lady the legal memorandum that was published by the Government. It is, I think, only the second time that a Government of the day has published such a legal document, and it is exceptionally useful. We cannot publish the full legal advice—no Government can do that.
I will now turn to amendment 8, tabled by the hon. Member for Foyle. I certainly sympathise with the intention of the hon. Gentleman’s amendment, but I reassure him that it is also entirely unnecessary. The Government have no intention whatever to use the power in clause 15 to alter the operation of the domestic consent mechanism, which I think answers the point that was made earlier on the Opposition Benches.
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The hon. Member for Foyle will recall that securing the consent mechanism was one of the key concessions that paved the way for the Government to agree to the revised Northern Ireland protocol back in 2019. It was a concession that this Government secured, so it made no sense for the Government to subsequently remove one of their key negotiating successes through the Bill. It is perhaps because that point is so self-evident that we did not see the need to protect this element of the protocol under clause 15(3). I hope that answers the point made by the hon. Member for Foyle and others. For the avoidance of doubt, however, I can confirm that the democratic consent process remains an integral part of the protocol. The protocol should not, and indeed cannot, continue unless it maintains the support of the majority of Members of the Northern Ireland Assembly. I hope I have provided the assurance the hon. Gentleman requires and I urge him not to press amendment 8.
Amendment 9 has also been tabled by the hon. Member for Foyle. The Government have already been very clear why it is necessary to seek to exercise such powers. They are needed to fix the practical problems the protocol has created in Northern Ireland, as it is currently undermining the Belfast/Good Friday agreement and power sharing, and with it, peace and stability in Northern Ireland. We published a policy paper and legal statement
on 13 June setting out the Government’s position in detail. I appreciate, however, his desire to ensure the regulations that implement the full details of the model are properly scrutinised. The full details of the new regime will be set out in regulations alongside and under the Bill, including economic impacts where appropriate. The regulations will be the product of engagement with business to ensure the detail of the new regime is as smooth and operable as possible, and that is what we are getting on with now. The House will have the opportunity to scrutinise the regulations in the usual fashion under the normal parliamentary procedures, as it regularly does. The additional requirement amendment 9 seeks for the Government to publish a report each time they make regulations using this power is therefore not necessary and I ask him not to press the amendment.
As the Government set out in the legal statement on 13 June, to which I have referred, the strain that the arrangements under the protocol are placing on institutions in Northern Ireland and more generally on socio-political conditions has reached the point where the Government have no other way of safeguarding the essential interests at stake than through the adoption of the legislative solution that is being proposed as quickly as possible. There is, therefore, clear evidence of a state of necessity to which the Government must respond, so I ask the hon. Gentleman not to press the amendment.