My Lords, I am grateful to my noble friend the Minister for discussing my Amendments 15 and 16 with me. He is taking our discussion back to the department for consultation, and his letter will follow this week. For reasons of fairness and transparency, and in the interests of having better laws, I hope he will consider the question further.
This is an enabling Bill: it is to enable the UK to be compliant with the CPTPP, for which it signed the protocol of accession last July, in order to implement the arrangements for government procurement, in Clause 3, and those for technical barriers to trade, in Clause 2. These include conformity assessment bodies and, in Clause 4, intellectual property, including the designation of origin and geographical indications, as well as performers’ rights.
Although the whole Bill extends to England, Scotland, Wales and Northern Ireland—that is stated in it—it does not apply to Northern Ireland in respect of Clauses 2 and 4, on conformity assessment and geographical indications. That is not stated in the Bill, but it is noted in the Department for Business and Trade’s Explanatory Notes, published with the Bill on 8 November. They explain that it will be under the EU, given the Windsor Framework. Both my Amendments 15 and 16 deal with the consequences of this, and I will speak to them
now. I am very grateful to my noble friend Lord Jackson of Peterborough for supporting and signing these amendments.
My Amendment 16 to Clause 6, on extent, seeks to make this clear in the Bill by adding that it
“extends to but does not apply in Northern Ireland”.
However, looking at it again, I think the amendment should also stipulate this in respect of Clauses 2 and 4. That would make the position under the Bill transparent, as in the Explanatory Notes of the Department for Business and Trade.
From my noble friend’s reply and letter on this point, I understand that when his officials—to whom I am grateful—looked into the drafting of Clause 6 with the Office of the Parliamentary Counsel, the advice was that the text reflected recommended drafting practice for amending retained EU law where it extends to the UK, even if its application is to GB—the convention being that the general application
“should not usually be included”.
I will pick up on the word “usually”. We are talking here about a very unusual occurrence. The law is being made by another jurisdiction for part of the UK’s own jurisdiction, to which the Bill extends but does not apply. This is not a matter of powers delegated to different Parliaments of the UK, so perhaps my noble friend the Minister will think again about including this exception in the Bill. It should be fair to the people who may see it as extending to them but cannot see where the law says it does not apply to them.
My Amendment 15, proposing a new clause after Clause 5, would require a review and assessment to be made of the impact on Northern Ireland of its being subject to different geographical indications and TBT provisions from those in England, Wales and Scotland. To do this, it would be necessary to assess the impact of EU legislation on GIs and conformity assessments of goods so affected.
I know that as matters stand there are very few PGIs in Northern Ireland—Comber new potatoes, Armagh Bramley apples, Lough Neagh eels—and one protected designation of origin: Lough Neagh pollan. However, there may be more in future. I will not revisit the argument I have made to the Minister in other debates, but we are looking at a different sort of EU law applying to businesses in Northern Ireland for these two clauses—the code-based law of the EU instead of the common-law approach, which is more business-friendly. I will not go through that here, but it is fair that the different systems should be reviewed in comparison with the UK system.
This is all the more important given the fluid nature of the Windsor Framework and the aims of the Government, which may lead to further easing of economic and trade restrictions under EU law. Indeed, the Prime Minister mentioned in his speech of 13 December that he
“stands ready to legislate to protect Northern Ireland’s integral place in the UK and the UK internal market”.
While I am grateful for the Minister’s explanation, I am not convinced that leaving this matter to other arrangements for review under other laws is fair. Given
the fluid nature of the Windsor Framework and given that the Bill extends to Northern Ireland even if it does not apply to it, a special review is needed. I beg to move.