Brexit & Beyond newsletter

11 November 2024

Welcome to the 11 November 2024 Brexit & Beyond newsletter

Last week the Minister of Agriculture, Environment and Rural Affairs attended Question time. At Westminster, there was a Westminster Hall debate on the future of fishing after 2026. The Delegated Legislation Committee considered the Draft Windsor Framework (Non-Commercial Movement of Pet Animals) Regulations 2024.

Last week European Parliamentarians questioned Commissioners-designate during their candidacy hearings. Maroš Šefčovič kicked things off last Monday.

The European Political Community met last Thursday in Budapest. 

 

Northern Ireland Assembly

Democratic Consent Mechanism under the Windsor Framework

Following recess, the Speaker told the Chamber that in line with paragraph 7 of schedule 6A to the Northern Ireland Act 1998, he wrote to Members on 31 October 2024 to make them aware that he had received notification from the Secretary of State of the start of the democratic consent process under Article 18 of the Windsor Framework. His letter outlined the steps that now have to be considered. He advised Members that should a motion be tabled, the Business Committee will make the necessary arrangements.

The Democratic Consent Mechanism is a vote by the Northern Ireland Assembly on whether Articles 5-10 of the Protocol/Windsor Framework (i.e. those provisions relating to movement of goods and customs) should continue to apply here.

Read more about the Democratic Consent Mechanism here

 

Environmental Protection

In response to an oral question (AQO 1035/22-27), the Minister of Agriculture, Environment and Rural Affairs shared with the Chamber his “desire to strengthen environmental governance in Northern Ireland”. Following a scoping exercise he told Members the next step would be “to consider what an independent environmental protection agency [EPA] would look like, what its powers would be and how it could actually improve the environment”. The Minister said this issue is part of the environmental governance landscape that has emerged post EU exit.

Minister Muir told the Chamber he is “keen to bring forward proposals to set up an independent EPA for consideration by the Executive. I want to explore models that will deliver improved and more independent environmental governance.”

 

Budget for rural development

On the same day, the Minister of Agriculture, Environment and Rural Affairs was asked for an update on discussions with the UK Government to secure a ring-fenced budget for rural development, similar to previous support under Pillar Two of the EU's Common Agricultural Policy (AQO 1038/22-27). He confirmed future funding for agriculture and fisheries will “no longer be a ring-fenced addition to the Northern Ireland block grant” but will be considered as part of the Executive’s Budget for 2025-26.

He told the house he is endeavouring to see “how we can restore funding for rural development” and has had discussions with the Finance Minister on the issue.

Minister Muir noted a “North/South disparity in agriculture when it comes to Budget settlements and investment.” He attributed some of that to “the outworkings of Brexit,” because “in the Republic of Ireland, the common agricultural policy still applies and funding is set aside.”

 

 

Westminster

Future of fishing after 2026

On Tuesday 5 November, the House of Commons considered the future of fishing after 2026 in a Westminster Hall debate.

Under the terms of the UK-EU Trade & Cooperation Agreement, both sides agreed an ‘adjustment period’ during which 25% of fishing rights for EU boats in UK waters would be transferred to the UK fleet over five years. The adjustment period ends on 30 June 2026, after which the UK and EU will hold annual negotiations on the amount of fish EU boats can catch in UK waters and vice versa.

Rupert Lowe MP (Reform) moved the motion. He proposed the UK should follow Iceland’s approach to rebuild the fishing industry. He argued that “[a]n education programme must be undertaken to promote British fish. Tax breaks must be given for fishing boat purchases and processing factory construction.”

Rupert Lowe MP also argued for “a revised version of the Merchant Shipping Act 1988 to rebalance quotas and protect against quota hopping and foreign exploitation” and “a fee or licence for foreign vessels—including EU vessels—seeking to access UK fishing waters.” Furthermore he called for the enforcement of “rules stating that all fish caught in UK waters must be landed and processed in, and then exported from, the UK, with the eventual rule that all fish caught by foreign vessels in UK waters will be landed and processed in the UK once the fish processing industry has reached sufficient capacity.”

Torcuil Crichton MP argued the quota is “a national resource and should be distributed in a system that is fair, and that takes into account, as the hon. Member says, the economic linkage between quotas, fragile coastal communities, and those that are adjacent to quotas.” However, he argued that because two thirds of the UK’s fishing quota is owned by just 25 businesses, if it is distributed according to historical catching patterns, it will simply go to those on the Sunday Times rich list and foreign shipping owners. Torcuil Crichton MP noted the quota renegotiation with the EU and Norway will take place in 2026.

Jim Shannon MP raised the issue of labour challenges and said the key issue “is the visas.”

Daniel Zeichner MP, Minister for Food Security and Rural Affairs told Members that “2026 is the year when the temporary adjustment period for fisheries access ends.”

The Minister for Food Security and Rural Affairs speaking during the debate.The Minister for Food Security and Rural Affairs, Daniel Zeichner MP, speaking during the debate.

The Minister said that “a full and faithful implementation of the fisheries heading of the trade and co-operation agreement will see access for EU vessels to the UK zone become a matter for annual negotiation, which will sit alongside our annual consultations on catch limits with a range of coastal states and international fora on fishing opportunities.”

Minister Zeichner concluded “the future of UK fisheries will be driven by our domestic agenda. We have domestic frameworks, including the Fisheries Act and joint fisheries statements, and policies such as the fisheries management plans that are part of the improvements we seek to make. For many years, our fisheries management was dictated by the EU common fisheries policy. That is no longer the case.”

 

Command Paper Safeguarding the Union

On the House of Lords on Wednesday 6 November, responding to Lord Lexden’s question on the Government’s progress in implementing the measures set out the Safeguarding the Union Command Paper, the Lord Privy Seal (Baroness Smith of Basildon) said:

“the Government are committed to implementing the Windsor Framework in good faith and protecting Northern Ireland’s place in the UK internal market. We also continue to take forward policies as set out in the Safeguarding the Union Command Paper. Most recently, the Secretary of State for Northern Ireland announced members of the independent monitoring panel and underlined the Government’s commitment to the establishment of InterTrade UK, which I am pleased to see will be chaired by the noble Baroness, Lady Foster. The Government will shortly be announcing a date for the next east-west council.”

 

Draft Windsor Framework (Non-Commercial Movement of Pet Animals) Regulations 2024

Later that day, the Delegated Legislation Committee considered the Draft Windsor Framework (Non-Commercial Movement of Pet Animals) Regulations 2024. Emma Hardy MP, the Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs moved the motion. She explained the regulations provide for the introduction of the Northern Ireland pet travel scheme and said this “Government have been very clear in their intention to secure new, better arrangements for sanitary and phytosanitary matters with the EU… we want to continue to simplify that process in order to support those across the United Kingdom while protecting our internal market.”

Jim Allister KC MP urged the Committee to reject the regulations and raised a number of concerns. He said “What these regulations do is impose EU regulation 2023/1231.” “[I[t is imposing obligations on GB citizens, who want to bring their pet to visit family, the Giant’s Causeway or the many tourist attractions in Northern Ireland. Now, courtesy of the demands of this foreign EU legislation, they must belong to a pet scheme, apply for and obtain a pet passport, subject their pet to document and identity checks, and then—and only then—can they move their pet internally within the United Kingdom.”

The Member noted that “Under these regulations, cats, ferrets and dogs must all be microchipped to move within this United Kingdom.” He raised “considerable concern that there was no impact assessment on the regulations” and argued that there should have been an impact assessment along with public consultation.

The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs responded and told Members the government is “fulfilling our requirements under the Windsor framework”. Regarding public consultation she said:

“[T]he UK Government have engaged comprehensively with interested stakeholders, and we used research from pet owners, ferry and airline companies operating travel routes between GB and Northern Ireland, and commercially owned pet microchip database operators in drafting the regulations. Guide Dogs UK… has highlighted the positive impact of removing single-use EU certificates for assistance dog owners travelling to Northern Ireland, as has the British Veterinary Association, and has outlined the fact that the arrangement will reduce paperwork for vets on pet health treatment. There is no change in the requirements on travel between Northern Ireland and Ireland.”

 

 

European Parliament

EU requests establishment of arbitration tribunal over the UK's prohibition of fishing of sandeel

On 25 October, the EU decided to request the establishment of an arbitration tribunal under the dispute settlement mechanism of the EU–UK Trade and Cooperation Agreement (TCA) concerning the United Kingdom's decision to prohibit the fishing of sandeel. The arbitration tribunal would rule on the compatibility of the measure with the TCA. 

The prohibition of the fishing of sandeel in the English waters of the North Sea and in all Scottish waters prevents EU vessels from operating this sustainable fishery. This has been in effect since March 2024. Consultations between the EU and UK to find a mutually agreeable solution were unsuccessful.

 

EU Commission

Last Monday, 4 November, the International Trade and Constitutional Affairs committees questioned Maroš Šefčovič, the candidate for Trade and Economic Security/ Interinstitutional Relations and Transparency. Commissioner-designate Šefčovič’s portfolio will include EU-UK relations.

If he serves the entire term, Maroš Šefčovič will become the longest serving European Commissioner in history.

In his introductory statement, Mr Šefčovič reminded MEPs that trade is "marked by stark competition over disruptive new technologies, and the weaponisation of economic dependencies", making trade a "geostrategic tool". 

Mr Šefčovič described China as the most challenging trading partner, one with which the EU needs to rebalance its relationship. He told MEPs that, after EU’s duties on electric vehicles made in China took effect, Commission negotiators are now in talks with Chinese counterparts on price undertakings.

On Tuesday 5 November, Michael McGrath was confirmed as European Commissioner for Democracy, Justice and the Rule of Law, after three hours of questioning in the European Parliament.

During the hearing he pledged to strengthen the protection of women and girls from gender-based violence across the EU - and indicated he is open to further common legislation to criminalise it.

Michael McGrath, Irish candidate for the Democracy, Justice and the Rule of Law portfolio, was questioned by three parliamentary committees on Tuesday morning.Michael McGrath, Irish candidate for the Democracy, Justice and the Rule of Law portfolio, was questioned by three parliamentary committees on Tuesday morning.

Based on the committee recommendations, the Conference of Presidents (EP President Metsola and political group chairs) is set to conduct the final evaluation and declare the hearings closed on 21 November. Once the Conference of Presidents declares all hearings closed, the evaluation letters will be published.

The election by MEPs of the full college of Commissioners (by a majority of the votes cast, by roll-call) is currently scheduled to take place during the 25-28 November plenary session in Strasbourg.

 

European Political Community

The fifth meeting of the European Political Community took place last Thursday in Budapest, Hungary with 24 Member States represented. The group discussed Europe’s security challenges, in the context of Russia’s war of aggression against Ukraine and the ongoing escalation in the Middle East, irregular migration and issues related to economic security and connectivity in terms of energy, transport, IT and global trade.

The Prime Minister met the President of the European Commission Ursula von der Leyen. They discussed the ongoing strength of the partnership between the UK and the EU, and the need to work together to tackle the challenges facing Europe.

He also met the Prime Minister of Poland Donald Tusk. They discussed their desire to deepen their existing partnership across defence and security, particularly in the face of Russia’s ongoing aggression against Ukraine. They also discussed the ongoing challenges posed by illegal migration across Europe, and agreed that they would work together more closely to tackle organised immigration crime.

The next European Political Community meetings will take place in Albania and in Denmark in 2025.

In the margins of the meeting, President of the European Council Charles Michel, President of the European Commission Ursula von der Leyen, Prime Minister of the United Kingdom Keir Starmer, President of the French Republic Emmanuel Macron, Prime Minister of Italy Giorgia Meloni, President of Romania Klaus Iohannis and Prime Minister of Poland Donald Tusk met with President of Moldova Maia Sandu. 

Leaders commended President Sandu’s leadership and commitment to keeping Moldova on the European path. They also discussed ways to enhance cooperation to support the country’s economy and reform efforts. 

 

Testing the temperature

Last week David Phinnemore, Katy Hayward and Lisa Claire Whitten of Queen’s University Belfast published analysis of the most recent Lucid Talk poll of voter attitudes on a range of issues relating to Brexit and the Protocol on Ireland/Northern Ireland, and their implications for Northern Ireland.

This twelfth full poll was conducted more than three years after the end of the 11-month transition period that followed the UK’s withdrawal from the EU on 31 January 2020.

The majority of respondents (70%) continue to agree that ‘particular arrangements’ for Northern Ireland are needed to manage the effects of Brexit. The proportion of all respondents being strongly of this view (46%) has fallen back from 51% in June 2024, the highest recorded to date in our polls.

Article 18 of the Windsor Framework contains the ‘democratic consent mechanism’. This is a vote by the Northern Ireland Assembly on whether Articles 5 to 10 of the Windsor Framework should continue to apply.

The first vote is to be held before the end of the year. Most respondents (90%) have a view on how they wish their MLAs to vote. A majority (57%) are in favour of the continued application of Articles 5-10 (see Figure 5). This is in line with the three previous polls. A third of respondents (33%) are against ‘democratic consent’ for continued application.

Support for ‘democratic consent’ is highest among those respondents who identify as ‘strongly nationalist’ (92%), ‘slightly nationalist’ (87%) or ‘neutral’ (84%). Opposition to ‘democratic consent’ among respondents who identify as ‘strongly unionist’ (90%). Respondents who identify as ‘slightly unionist’ are more likely to favour MLAs supporting (44%) than opposing (27%) the continued application of Articles 5-10.

 

 

 

Other news

  • The Guardian reports that Christmas tree importers have said that plants coming from the EU will be subject to post-Brexit border checks that will increase costs for sellers, and probably push up prices for consumers.                                                                                                                                                                                  
  • The Independent reports that Sandro Gozi, the new chair of the European delegation to the EU-UK Parliamentary Assembly, has urged the Prime Minister to bolster the UK’s relationship with the European Union following Donald Trump’s re-election. He told the Independent the EU is looking to put academic cooperation, a youth free-movement deal and conversations about artificial intelligence on the table.                                                                                                                                                            
  • Development of the Single Trade Window service for the 2025 to 2026 financial year has been paused until at least 2026. When fully operational, the Single Trade Window is intended to provide a gateway between businesses and UK border processes and systems, allowing users to meet their import, export and transit obligations by submitting information once, and in one place.                                                                                                                                                                                               
  • On 6 November the Trade and Cooperation Agreement Partnership Council Decision number 1 for 2024: updates to product specific rules was published. This Partnership Council decision updates a number of Product Specific Rules in the Rules of Origin annexes to reflect changes made to the Harmonised System (a standardised international classification regime administered by the World Customs Organisation) in 2022.                                                                                                                            
  • The fifteenth meeting of the Specialised Committee on Citizens’ Rights will take place on 14 November 2024.                                                                                                                                                
  • A general election in the Republic of Ireland has officially been called for Friday 29 November.