I am indeed.
My Lords, this is the latest in a depressingly long line of SIs we have had to cover to prepare for the increasingly likely eventuality of a no-deal Brexit. Today, we are amending six statutory instruments which themselves amended a range of primary and secondary legislation under the withdrawal Act. On the face of it, it all seems pretty straightforward—amending definitions and removing cross-references to EU regulations and copious replacements of “exit day” with “implementation period day”. To me, it does not matter which term is used: we will be gone, and in my view we will be the poorer for it.
There has been no consultation on this legislation: the withdrawal Act does not require consultation, so why bother asking anyone for their views? It rankles with the Liberal Democrats—and, I expect, with Members of other parties—that the withdrawal agreement seems to have the power to ride roughshod over the views of anyone affected. Take Northern Ireland, for example. Can the Minister clear up some ambiguity about what is happening there? This has already been referred to by my noble friend Lord Oates. Did the Northern Ireland Minister for the Economy request amendments to this SI in respect of Northern Ireland? If so, what were they and did she get them, or will they be encapsulated within legislation to come, perhaps under the Northern Ireland protocol?
The Northern Ireland situation looks complex because of the single electricity market on the island of Ireland. This, clearly, is what happens when you try to cut the threads of a complex relationship. In the words of the Explanatory Memorandum:
“This uncertainty could result in increased wholesale prices and threaten the continued efficient functioning of the Single Electricity Market”.
It is a mess, and a mess of our own making.
Finally, no impact assessment has been done because the effects identified are considered negligible. In the context of small tweaks to minor legislation, they probably are, but in the wider context of the effects of operating the energy sector inside or outside the EU, I strongly disagree. Without a crystal ball, no one can really say what untold damage our exit will do to the sector and to the consumer.
I hope that the points argued in paragraph 12.4 of the guidance will come into force. It is assumed that if a free trade agreement and a Northern Ireland protocol come into force,
“this SI will not enter into force in its current form and will have no material impact.”
Amen to that—anything is better than the spectre of a no-deal Brexit.