UK Parliament / Open data

Northern Ireland Protocol Bill

My Lords, I thank—I think—all noble Lords for their contributions to this debate. There were some highlights. I have to go home and explain to Lady Ahmad that the noble and learned Lord, Lord Judge, dreamt about me over the weekend. That is a moment to ponder and reflect on, as any good Minister would, from the Dispatch Box.

Like the noble Lord, Lord Purvis, I have the opportunity to travel, although I was asked today as I came into your Lordships’ House, “Tariq, why aren’t you in Sharm el-Sheikh?”. I said three words—“Northern Ireland protocol”—which put that colleague in their place. I heard what the noble Lord said about international law and the rule of law. Notwithstanding the challenges, it is right that we have this level of scrutiny. I listened very carefully to the noble and learned Baroness, Lady Butler-Sloss, and I agree with her. We are all talking about time in Parliament, et cetera. The other day, I was informed that I am now second only to the noble Earl, Lord Howe, in term of my time on the Front Bench. Let us watch that space as well. With the nature of reshuffles, you never know what will happen when.

In all seriousness, we have a lot of respect internationally. That is why, in successive elections in the ICC, three major positions have been held by the UK. Again, in the ILC, a successful campaign was run. I feel very strongly that, irrespective of the nature of the discussions we are having, the United Kingdom has a very strong reputation internationally and I, for one, am very proud to be not just a British parliamentarian but a British Minister representing these interests abroad.

I come to the specifics now, the nitty-gritty of the amendments themselves. I first say again that on the issue of the Henry VIII clause—specifically on this clause, but more generally across the Bill—of course the Government are listening very carefully to the contributions being made. We have had legislation in the past where we have equally had this level of scrutiny. It is a reflection of our democracy that it allows us to have these challenges to the Government.

I turn to Amendment 44. The Bill provides specific powers to make new law in certain areas, as noble Lords have pointed out, including where we are disapplying the EU regime in domestic law and where such laws are required to make our new regime work. To give effect to the new regime set out in the Bill, amendments to domestic legislation may be required, including Acts of Parliament where appropriate.

Moreover, certain sectors in Great Britain are currently also regulated by retained EU regulations which have protected status under Section 7 of the European Union (Withdrawal) Act 2018 and cannot be modified except by an Act of Parliament or certain specified subordinate legislation. An example is retained EU regulation 2016/425, which currently regulates personal

protective equipment in Great Britain. It may be appropriate to amend such legislation for the purposes of the dual regulatory regime to ensure that the UK regime applies appropriately also to all of the UK and appropriately to Northern Ireland.

We recognise, of course—and I have heard it again today—the seriousness of amending legislation, and also proposing new legislation. The noble and learned Baroness pointed to legislation already passed, where Henry VIII clauses have been included. I will not challenge the fact we have had quite challenging discussions in this respect as well, but Parliament has already considered and put on the statute book these particular issues of amending legislation. While it might be somewhat of a small recognition of the powers, these particular powers to amend Acts of Parliament will be subject to the affirmative procedure, allowing Parliament to scrutinise and review any changes to existing legislation, even where these changes are consequential, or technical. I recognise, of course, the depth of the challenge that has been put to the Government and, in all respects, respect the seriousness of the contributions that have been made.

7.30 pm

Type
Proceeding contribution
Reference
825 cc512-3 
Session
2022-23
Chamber / Committee
House of Lords chamber
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