Brexit & Beyond newsletter
4 November 2024
Welcome to the 4 November 2024 Brexit & Beyond newsletter
Last week the Secretary of State for Northern Ireland gave notification of the start of the democratic consent process on Articles 5-10 Windsor Framework.
At Westminster, the membership of the Northern Ireland Affairs Committee has been confirmed. The House of Lords Liaison Committee recommended to the House of Lords the creation of a Northern Ireland Scrutiny Committee.
Between the 28 and 30 October, three EU Parliament Committee delegations travelled to London to meet with their EU counterparts.
Windsor Framework (Implementation) Regulations 2024
Windsor Framework Democratic Scrutiny Committee
Northern Ireland Affairs Committee
Northern Ireland Scrutiny Committee
Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill
Oral answers to questions: Northern Ireland
New UK-EU Competition Cooperation Agreement
Northern Ireland Assembly
Windsor Framework (Implementation) Regulations 2024
Last Thursday, the Committee for Agriculture, Environment and Rural Affairs took oral evidence from departmental officials on the Windsor Framework (Implementation) Regulations 2024, which came into force on 12 April 2024. The Regulations confer powers upon the Secretary of State in relation to observing or implementing parts of the Windsor Framework. However, the Secretary of State handed back the direction and control of around 80 pieces of DAERA Windsor Framework legislation to the Minister for Agriculture, Environment and Rural Affairs. A deposited paper updated on the 23 September 2024 lists these. It includes functions concerned with disease awareness, disease preparedness and disease control in respect of both animal and plant Health in Northern Ireland.
Windsor Framework Democratic Scrutiny Committee
The Windsor Framework Democratic Scrutiny Committee received legal advice and heard oral evidence from departmental officials on a proposed EU Regulation on classification, labelling and packaging (CLP) of substances and mixtures - COM(2022)748. The Committee is gathering views to put it in a more informed position when Cabinet Office notifies the published act to it – the online survey closes on 12 November.
Democratic Consent Mechanism
On 31 October, the Secretary of State for Northern Ireland gave notification of the start of the democratic consent process on Articles 5-10 Windsor Framework. This provides an opportunity for the Assembly to decide whether or not certain European Union (EU) laws will continue to apply in Northern Ireland.
The flowchart above summarises the process and deadlines for the democratic consent vote.
If you experience any issues with the flowchart, you can read this text version.
We have put together an explainer on the Democratic Consent Mechanism, the vote by the Northern Ireland Assembly on Articles 5 to 10 of the Protocol, which is to take place by the end of 2024. You can read it here along with links to useful resources.
Parliament UK
Northern Ireland Affairs Committee
In September, Tonia Antoniazzi MP was elected unopposed as Chair of the Northern Ireland Affairs Committee. New members of the Committee were selected on 30 October and include Sorcha Eastwood MP and Claire Hanna MP. This week, Gavin Robinson MP will join the Committee having been granted a place by the Conservative Party out of its allocation.
Northern Ireland Affairs Committee membership
Northern Ireland Scrutiny Committee
On 23 October, the House of Lords Liaison Committee recommended to the House of Lords the creation of a Northern Ireland Scrutiny Committee. It proposes the Committee’s remit be similar to that of the former Windsor Framework Sub-Committee and would scrutinise the implementation of the Windsor Framework and relevant EU and UK legislation applying to Northern Ireland.
The Liaison Committee concluded that a House of Lords committee with a broader remit would complement the work of Northern Ireland Assembly Windsor Framework Democratic Scrutiny Committee and the House of Commons Northern Ireland Affairs Committee.
Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill
Last Tuesday (22 October), the Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill had its second reading in the House of Commons. The Minister of State, Foreign, Commonwealth and Development Office (Stephen Doughty) told the House it would “provide for both organisations to be treated in a manner comparable to an international organisation, with the associated privileges and immunities. Treatment as an international organisation will allow the CPA to continue to operate fully across the Commonwealth and international fora. It will allow the organisation to participate fully in areas in which it is currently restricted, including signing up to joint international statements and communiqués.”
He responded to concerns about conferring privileges and immunities by Order in Council after the Bill is passed, by stating that this is “the best way to achieve the aims of the Bill in a timely fashion, so that the provisions are put in place for the CPA and the ICRC.”
Oral answers to questions: Northern Ireland
During Northern Ireland questions on 23 October, the Secretary of State was asked about the impact of the Windsor Framework (Non-Commercial Movement of Pet Animals) Regulations 2024. He told the House “The scheme significantly reduces the requirements associated with the original Northern Ireland protocol and provides a stable and long-term arrangement for those travelling with their pets within the UK.”
The Secretary of State for Northern Ireland Hilary Benn MP responds to questions on 23 October
He confirmed Northern Ireland pet owners will not face any checks and will not be required to hold a pet travel document.
Robin Swann MP asked about the supply of generic medicines to Northern Ireland and a potential shortage “due to the bureaucracy of the “UK only” labelling required for medicines going into Northern Ireland.” The Secretary of State said, “The industry has had quite a period in which to make arrangements to ensure that the labelling rules are met.” In the last edition of Brexit & Beyond we reported on the industry reporting challenges around the generic medicine labelling requirements which will be in effect from 1 January 2025.
Windsor Framework (Retail Movement Scheme: Plant and Animal Health) (Amendment etc.) Regulations 2024
Also on 23 October, Baroness Hoey moved a motion in the House of Lords to annul the Windsor Framework (Retail Movement Scheme: Plant and Animal Health) (Amendment etc.) Regulations 2024 (SI 2024/853).
Baroness Hayman of Ullock, the Parliamentary Under-Secretary of State, DEFRA, responded on behalf of the government. She told the House “[t]his statutory instrument will enable a broader group of goods originating from the rest of the world to move via the Northern Ireland retail movement scheme from GB to Northern Ireland. This enhances the existing measures in the Windsor Framework, which have already significantly reduced the requirements associated with the original Northern Ireland protocol. The list of eligible goods, which already includes products such as tomatoes, cauliflowers and New Zealand lamb, was designed in collaboration with industry stakeholders across the UK.”
The motion was withdrawn.
European Parliament
Between the 28 and 30 October, three EU Parliament Committee delegations travelled to London to meet with their UK counterparts. Seven members of the Committee on Foreign Affairs (AFET), including its Chair, David McAllister (EPP, Germany), travelled on the first official visit of the Committee abroad in this parliamentary term. The delegation discussed possibilities for strengthening of the EU-UK partnership, in particular in foreign and security affairs.
20 MEPs from the European Parliament’s Foreign Affairs Committee, International Trade Committee and the Subcommittee on Security and Defence visited London in October
The delegation met with Stephen Doughty, Minister of State at the Foreign, Commonwealth and Development Office, Emily Thornberry, Chair of the Foreign Affairs Committee (House of Commons) and Lord Ricketts, Chair of the European Affairs Committee (House of Lords).
A Security and Defence Subcommittee delegation had talks on how to strengthen EU-UK cooperation in the security and defence field. The delegation, led by the Chair Marie-Agnes Strack-Zimmerman (Renew Europe, Germany), met with Lord Vernon Coaker, Minister of State for Defence, representatives of EU industry and UK parliamentarians.
A delegation of six MEPs from the Trade Committee, along with the Chair of the Delegation to the EU-UK Parliamentary Partnership Assembly met with Minister for the Constitution and European Union Relations Nick Thomas-Symonds and Northern Ireland Secretary of State Hilary Benn to exchange perspectives on EU-UK trade relations and economic cooperation.
MEPs from the Trade Committee, along with the Chair of the Delegation to the EU-UK Parliamentary Partnership Assembly meet the Secretary of State for Northern Ireland in London
New UK-EU Competition Cooperation Agreement
On 29 October, the European Commission said it had finalised the technical discussions on a competition cooperation agreement between the EU and the UK. The competition cooperation agreement will be a 'supplementing agreement' to the EU-UK Trade and Cooperation Agreement. The future competition cooperation agreement will allow the Commission, the national competition authorities of the EU Member States enforcing EU competition law, and the UK Competition and Markets Authority to cooperate directly in competition investigations.
Sarah Cardell, CEO of the Competition and Markets Authority, said “We welcome this cooperation agreement, which will allow us to work even more closely with EU competition authorities on shared cases and common competition issues – without unnecessary barriers.
Effective competition has a key role to play in driving economic growth so, with many companies now operating globally, it’s important that competition authorities can cooperate more freely with each other to get the best outcomes for fair-playing businesses and consumers.”
Other news
- This week, the Windsor Framework Democratic Scrutiny Committee will travel to Brussels for a number of meetings.
- The European Political Community will meet in Budapest on Thursday.
- The Telegraph reports that the EU will demand to keep its fishing rights in British waters after the expiry of the post-Brexit deal allowed in 2026. There will be a Westminster Hall debate on the future of fishing after 2026 on Tuesday 5 November.
- A joint letter from the Fresh Produce Consortium and the Horticultural Trades Association has called for an urgent meeting with the government over the continued problems their members face when importing plants and cut flowers under the current border system.
- The Independent reports English soprano Rachel Nicholls has warned Britain risks losing its entire classical music industry due to post-Brexit red tape blocking UK artists from touring in the EU.
- Preliminary results have shown that Maia Sandu has won a second term in office in the Moldovan presidential election.
- The Independent reports the Prime Minister will use a speech to the Interpol General Assembly in Glasgow on Monday start a week focusing on people smuggling that will see him travel to Hungary for talks on tackling the issue.
- The Irish Data Protection Commission has imposed fines totalling €310m on social media platform LinkedIn. An inquiry found breaches of the General Data Protection Regulation (GDPR) relating to the lawfulness, fairness and transparency of the data processing.
- The Independent reports the Home Office is creating a new “Europe Hub”, which will sit within the International Strategy, Engagement and Devolution Directorate. It will reportedly be led by Dan Hobbs, director general of the Migration and Borders Group.
- From today until 12 November, the European Parliament will hold confirmation hearings for Commissioners-designate. Maroš Šefčovič (Slovakia) will go first as Commissioner-designate for Trade and Economic Security and Institutional Relations and Transparency. His portfolio will also include EU-UK relations.
