Brexit & Beyond newsletter
23 October 2024
Welcome to the 23 October 2024 Brexit & Beyond newsletter
Last week in the Assembly, the Committee for Agriculture, Environment and Rural Affairs put down a prayer of annulment for the Hops Certification (Amendment) Regulations (Northern Ireland) 2024. The Committee for the Economy took evidence from Invest NI and heard there is not yet evidence of any foreign direct investment in Northern Ireland because of dual market access under the Windsor Framework.
At Westminster, the House of Lords Justice and Home Affairs Committee received a response from the Home Office to its inquiry into Electronic Border Management Systems.
This week, the UK’s Minister for European Relations is in Strasbourg. On Monday, he met with Sandro Gozi, Chair of the European Parliament’s Delegation to the EU-UK Parliamentary Partnership Assembly. Yesterday he met Maroš Šefčovič, Commissioner for Trade and Economic Security and Roberta Metsola, President of the European Parliament.
Northern Ireland Assembly
Hops Certification (Amendment) Regulations (Northern Ireland) 2024
Last Monday (14 October) the Committee for Agriculture, Environment and Rural Affairs put down a prayer of annulment for the Hops Certification (Amendment) Regulations (Northern Ireland) 2024. This procedure is used to cancel a piece of legislation.
The Hops Certification Regulations concern continuing alignment for Northern Ireland with EU rules in relation to certification of hops. There are currently no hop growers in Northern Ireland. However, there are businesses that import hops.
Speaking in the debate, Minister for Agriculture, Environment and Rural Affairs Andrew Muir said that without the legislation, “the Department is not fulfilling its responsibilities under the withdrawal agreement. There is a risk of the UK Government being subject to EU infringement proceedings for failing to implement EU regulations that fall under annex 2 of the Windsor framework”.
Minister Muir told the Chamber that the publication of the new hops regulations has led to a loss of enforcement powers for various Northern Ireland hops bodies. He told Members the Department wishes to update the domestic Hops Certification Regulations 1979 on a Northern Ireland basis to reinstate lost enforcement and certification powers.
The prayer of annulment was negatived (not agreed to by the Assembly) so the regulations still apply.
Dual market access
At a meeting of the Committee for the Economy last Wednesday, the chief executive of Invest NI, Kieran Donoghue told Members there is no evidence yet of any foreign direct investment (FDI) in Northern Ireland because of dual market access under the Windsor Framework. He attributed this to "a relatively low level of awareness of the opportunities presented by dual market access."
Kieran Donoghue, chief executive of Invest NI, giving evidence to the Committee for the Economy
Invest NI has established a dedicated team to focus on the issue. Colleagues from this team have accompanied the Economy Minister Conor Murphy to Germany to highlight the proposition to investors there. Mr Donoghue suggested that as awareness grows “there will, in time, be FDI opportunities". Invest NI has also set a target for a 33% increase in the FDI over the next three years. By the end of the operating year, Mr Donoghue expects Invest NI to have 12 to 15 FDI projects.
Council of the Nations and Regions
On Monday, during Question Time, the First Minister told the Chamber about the inaugural meeting of the Council of Nations and Regions in Edinburgh on Friday 11 October 2024. She said it “has been established to bring together Governments and authorities with devolved responsibilities to determine actions for tackling some of the biggest and most cross-cutting challenges that we face.”
The First Minister reported that the meeting focused on economic growth and inward investment. This theme was selected ahead of the international investment summit held in London on 14 October, which the deputy First Minister and First Minister also attended. The Council received an update on the industrial strategy green paper, 'Invest 2035', and discussed opportunities for attracting long-term inward investment. Council members confirmed their commitment to working together to maximise investment and support economic growth. The First Minister told the House that the Council plans to meet again in next spring.
The First Minister also told Members that she and the deputy First Minister met the Prime Minister separately where they raised the issue of funding for city deals.
Westminster
Electronic Border Management Systems
The House of Lords Justice and Home Affairs (JHA) Committee has been conducting an inquiry into Electronic Border Management Systems. Seema Malholtra MP, Minister for Migration & Citizenship at the Home Office responded to the inquiry on behalf of the government last Tuesday, 15 October.
Minister Malhotra emphasised the UK Government’s commitment to maintaining the Common Travel Area (CTA) and to the Belfast/Good Friday Agreement. Regarding the electronic travel authorisation requirement for non-Visa nationals entering via the CTA she wrote, “the UK will not operate routine immigration controls on journeys from within the CTA, with no immigration controls whatsoever on the Ireland-Northern Ireland land border. However… individuals arriving in the UK, including those crossing the land border into Northern Ireland, will need to continue to enter in line with the UK’s immigration framework”.
Focusing on tourism in Northern Ireland, the Minister noted that visa nationals are already required to obtain a visa when entering the UK via the Republic of Ireland, including when only entering Northern Ireland and said the Government intends to replicate this requirement for Electronic Travel Authorisation (ETA) holders.
She told the Committee that the requirement for permission to travel will ultimately apply to everyone travelling to the UK, excepting UK and Irish citizens.
As previously reported in this newsletter, concerns have been expressed about the ETA. Northern Ireland Tourism Alliance, in its submission earlier this year to the Committee’s inquiry said “NITA are also concerned about the legal jeopardy that tourists could unwittingly find themselves in. Since the Good Friday Agreement (GFA), Northern Ireland has been promoted as part of the Island of Ireland destination with seamless travel across the island. Over a £1bn has been spent developing the island of Ireland destination and a lot of tourists are not even aware that they are crossing into the UK when they travel to Northern Ireland. Therefore, a tourist could inadvertently enter NI without being aware of the need to have an ETA. This will put them in legal jeopardy and open to a criminal charge and deportation….”
Addressing the future of the Common Travel Area, Minister Malhotra said that cooperation amongst UK Government Ministers, the Northern Ireland Executive and the Irish Government on the security of the external CTA border would continue and consider external factors “around Ireland’s unique position as an EU member state which is not included in EU or UK pretravel authorisation schemes.”
Product Regulation and Metrology Bill
Last Wednesday, the House of Lords Delegated Powers and Regulatory Reform Committee heard evidence from the Lord Leong CBE and Justin Madders MP, Parliamentary Under Secretary of State from the Department for Business and Trade, along with officials from the Department to discuss concerns the Committee has with the Product Regulation and Metrology Bill.
The Bill relates to the UK product safety, regulation and metrology framework. It deals with a miscellaneous range of matters: product safety, manufacturers’ responsibilities, compliance and enforcement of standards, and the metrology framework “which governs the accuracy of weights and measures for purchased goods.”
Writing on the Bill for UK in a Changing Europe earlier this month, Joël Reland said “This is a powerful piece of law which would allow the UK to unilaterally align with EU regulations related to the environmental impact of products. It is not entirely clear which EU regulations are in scope, nor how government intends to use the powers in practice; and Parliament has an important role to play in clarifying these ambiguities.
The key passage is Clause 1(2). It grants the Secretary of State powers to “make provision… which corresponds, or is similar, to a provision of relevant EU law for the purpose of reducing or mitigating the environmental impact of products.”
This means the Business Secretary has the power to mirror EU product regulations in UK law, so long as certain conditions are met.”
The Committee had stated its concern that skeleton bills (like this) inhibit parliamentary scrutiny. The Minister said the government needs to be able to respond to new risks and technologies as they emerge. The Parliamentary under Secretary of State from the Department for Business and Trade responded “the rapidly evolving nature of some of these products means that it will not be effective if we have to issue primary legislation every time we want to update one of these regulations.”
UK government relations
Last week, the UK Foreign Secretary David Lammy MP, and the EU High Representative for Foreign Affairs and Security Policy, Josep Borrell, met ahead of attending the EU Foreign Affairs Council to exchange views with EU Foreign Affairs Ministers on shared security challenges facing Europe.
This week, the UK’s Minister European Relations is in Strasbourg. On Monday, Minister Thomas-Symonds met with Sandro Gozi, Chair of the European Parliament’s Delegation to the EU-UK Parliamentary Partnership Assembly. Yesterday he met with Maroš Šefčovič, Commissioner for Trade and Economic Security and posted on X that they “discussed our joint agenda and strengthening cooperation in areas of mutual interest, such as the economy, energy, security and resilience.”
UK Minister European Relations Nick Thomas-Symonds meeting Commissioner Maroš Šefčovič
Minister Thomas-Symonds also met with European Parliament President Roberta Metsola.
The Specialised Committee on the implementation of the Windsor Framework's will met yesterday, co-chaired by officials from the UK Government and the European Commission. In a joint statement the UK Government and European Commission said:
“The co-chairs took stock of the implementation of the Windsor Framework since the last meeting on 18 July 2024. The co-chairs welcomed the operationalisation of tariff rate quotas for certain agricultural products. They discussed the intensive work underway in the areas of agrifood, customs, medicines and trade. They underlined the importance of progressing concrete actions to ensure the full operation of the safeguards and flexibilities of the Windsor Framework for the benefit of people and businesses in Northern Ireland. The co-chairs agreed that further progress would require ongoing commitment and determination, including to deliver tangible practical steps to address outstanding implementation issues.”
You can find about more about this Committee and the other governance structures of the Windsor Framework on our website.
USB-Cstandard charging port
From 28 December 2024, EU rules require that all new devices such as mobile phones, tablets, cameras and headphones must use a standard USB-C charger. TThe EU directive on a common USB-C charger was made in November 2022 and amended a 2014 Directive. The 2014 Directive is in Annex 2 to the Windsor Framework and so is applicable in Northern Ireland.
The 2022 Directive gives the European Commission delegated powers to amend the legislation up until the end of 2027 – likely to allow for technological advances.
Last Tuesday, the BBC reported that the UK government is considering whether to require all new electronic devices to use the same type of charging cable. A call for evidence is asking for views on the introduction across the UK of a common charger for mobile phones and other portable electrical and electronic devices.
'UKonly' labelling scheme for generic drug industry
Generic medicine labelling requirements will be in effect from 1 January 2025
Guidance on the labelling scheme was introduced in July 2023, but BGMA chief executive Mark Samuels told the Financial Times only 60 per cent of the 100mn packs of generic medicines sent to Northern Ireland monthly were compliant, according to membership surveys. Furthermore, even if this rose to 90 per cent by the January 1 deadline, the equivalent of 10mn packs a month would still not meet the requirements.
The UK government said the Medicines and Healthcare products Regulatory Agency (MHRA) had received “UK only” artwork for about 70 per cent of medicines so far.
“The Windsor framework secures the long-term stability of medicines supply to Northern Ireland, ensuring that from January 2025 medicines will be available in the same packaging across the UK and resolving supply issues created by the Northern Ireland protocol," the UK Department of Healthand Social Care said in a statement. It added that transitional measures were in place to avoid supply disruptions. These included allowing companies to place “UK only” stickers on packaging as a temporary measure and permitting stock produced before the end of 2024 to be sent to Northern Ireland.
Other news
- On Friday, the European Parliament voted to impose tariffs of up to 45% on imports of Chinese-made electric vehicles. If a Chinese-made electric vehicle is imported to Northern Ireland from Great Britain the EU tariff will apply. A UK government said: “While EU tariffs on Chinese electric vehicles do apply when goods enter Northern Ireland, if the vehicle is sold in Northern Ireland then businesses can claim back the full amount.”
- Windsor Framework implementation: ware potatoes can now be shipped from Great Britain to Northern Ireland under the trusted trader scheme for plants.
- Today, the House of Lords, will debate Baroness Hoey’s motion to annul the Windsor Framework (Retail Movement Scheme: Plant and Animal Health) (Amendment etc.) Regulations 2024
- UK Defence Secretary John Healey MP and German Defence Minister Boris Pistorius will sign the Trinity House Agreement today, which is intended to will strengthen national security and economic growth.
- John McStravick, writing for a UK in a Changing Europe, asks “Why has part of the Windsor Framework been delayed?”
- David Phinnemore and Katy Hayward will host the next Post-Brexit Clinic at Queen’s University, Belfast on 5 November at 11.15 am. This is a hybrid event.
