Brexit & Beyond newsletter

17 December 2024

Welcome to the 17 December 2024 Brexit & Beyond newsletter

Last week at the Assembly, Ministers updated the House on British-Irish Council meetings. The draft Climate Change (Carbon Budgets 2023-2037) Regulations (Northern Ireland) 2024 were introduced and approved.

As part of the Windsor Framework’s democratic consent mechanism, the Assembly voted on whether Articles 5 to 10 of the Windsor Framework should continue to apply. Following the outcome of the vote, the Secretary of State for Northern Ireland made a written statement to the House of Commons, in which he confirmed that the next vote will take place in four years’ time.

On Thursday, the Committee for Agriculture, Environment and Rural Affairs received a briefing from the Department on the Agriculture Bill.

At Westminster, the House of Lords approved the Movement of Goods (Northern Ireland to Great Britain) (Animals, Feed and Food, Plant Health etc.) (Transitory Provision and Miscellaneous Amendments) Regulations 2024.

The Chancellor of the Duchy of Lancaster, Pat McFadden MP, attended the House of Commons Public Administration and Constitutional Affairs Committee on Tuesday to give evidence on the work of the Cabinet Office. Nick Thomas-Symonds MP, Minister for the Cabinet Office and Stephen Doughty MP, Minister of State for Europe, North America and Overseas Territories gave oral evidence to the House of Lords European Affairs Committee on Tuesday.

The membership of the UK delegation to the UK-EU Parliamentary Partnership Assembly was announced on Thursday in a statement from the Prime Minister.

This is the final issue of Brexit & Beyond in 2024. We will be back in the New Year after recess - have a lovely break.

 

British-Irish Council: Update

On Monday 9 December, the First Minister delivered an update to the Chamber on the 42nd Summit meeting of the British-Irish Council on 5 and 6 December, which was hosted by the Scottish Government. She and the deputy First Minister attended with the Economy Minister and the Agriculture Minister. The Taoiseach, the Tánaiste, the Prime Minister and the First Ministers of Scotland and Wales were all there. The Summit focused on the theme of ‘Financing a Just Transition’.

 The First Minister Michelle O’Neill MLA responds to Oral Questions on Monday The First Minister Michelle O’Neill MLA responds to Oral Questions on Monday 

The First Minister told the House that they told the Prime Minister "why our public services deserve proper funding, for which we need to have a proper funding model.” She continued “We made the case for public-sector workers and said that we want to continue to transform our health service, to invest in making childcare more affordable and to improve our education system.”

The next day¸ the Minister for Infrastructure made a statement to the House on the British-Irish Council planning and places ministerial meeting which he chaired on 8 November. Junior Minister Cameron also attended. He told Members the meeting “focused on the work that the planning and places work sector had taken forward between 2021 and 2024 in key areas of planning, particularly around the revitalisation of towns and building better places in the context of the COVID recovery.”

The Minister for Infrastructure told the House that “Ministers commended the work that had been done and endorsed both the work sector report and a 'Placemaking in Practice' report, which was compiled following a symposium held in Cardiff in September 2023.”

Minister O’Dowd also told Members that Ministers agreed the forward work programme for 2025-27, which focuses on two themes: climate change and the biodiversity emergency; and skills and capacity for the public-sector planning profession.

 

The draft Climate Change (Carbon Budgets 2023-2037) Regulations (Northern Ireland) 2024

On Tuesday 10 December, the Minister for Agriculture, Environment and Rural Affairs moved motions to approve two draft statutory instruments relating to climate change: the draft Climate Change (Carbon Budgets 2023-2037) Regulations (Northern Ireland) 2024 and the draft Climate Change (2040 Emissions Target) Regulations (Northern Ireland) 2024.

The Minister explained that “the regulations are being introduced to deliver on the statutory requirements that the Climate Change Act (Northern Ireland) 2022”. This legislation sets a legal target for Northern Ireland to reach net zero greenhouse gas emissions by 2050, in line with similar net zero targets at UK and EU level.

The Minister told the House that a “carbon budget sets a limit on the maximum amount of greenhouse gas emissions that are permitted within a five-year period. Carbon budgets are a key mechanism for reducing our greenhouse gas emissions to put Northern Ireland on track to meet our 2030, 2040 and 2050 statutory targets in a planned and gradual way. The first three carbon budget periods are 2023-2027, 2028-2032 and 2033-2037.”

He noted that the Department has a legal duty to set carbon budgets and interim targets and that the deadline for making the regulations has been significantly passed. The Minister stated that the Department is in breach of the law and is already facing legal challenges.

In line with advice from the UK Climate Change Committee, the Minister said “the carbon budget regulations will set the first carbon budget at an average annual reduction of 33%. The second carbon budget will be set at an average annual reduction of 48%, and the third carbon budget will be set at an average annual reduction of 62%. The 2040 emissions target regulations will set an emissions reduction target of 77% against the baseline.”

The Chairperson of the Committee for Agriculture, Environment and Rural Affairs highlighted some of the concerns raised by Committee members including overly ambitious targets, challenges for people from rural communities and the need for significant investment when resources are limited.

As agriculture, environment and rural affairs spokesperson for the UUP, Robbie Butler MLA, highlighted “the external pressures emanating from trade agreements such as the EU Mercosur deal.” He said this “would open the door to lower food standards and increase deforestation in South America, threatens the viability of farms not only in Northern Ireland but across these very islands.”

Matthew O’Toole (SDLP) said that Northern Ireland “cannot afford complacency” and asked “what comes next? Are the Executive capable of delivering on that? We need a planning system that enables the rapid and large-scale roll-out of renewable energy projects. We need an economic model that places sustainability at the heart of our prosperity, acknowledging that a thriving economy is intrinsically linked to a stable climate.”

Nicola Brogan MLA, Sinn Féin's spokesperson on the environment and climate, said her party would support both motions. Meanwhile Tom Buchanan MLA said the DUP would not support the draft regulations. He said:

“The DUP supports the United Kingdom's long-term net zero ambitions and will advocate policy and initiatives that are environmentally responsible and support decarbonisation. We appreciate that there is a role for ambitious and flexible emissions targets in driving forward progress, but we are extremely concerned that recent legislation, including that in Northern Ireland, has been rushed, is poorly drafted and conflicts with the independent scientific advice from the Climate Change Committee.”

The Assembly agreed to both sets of regulations.

 

Democratic Consent Mechanism

On Tuesday, under Article 18 of the Windsor Framework – the democratic consent mechanism - the Assembly voted on whether Articles 5 to 10 of the Windsor Framework should continue to apply.

The motion was tabled jointly by Sinn Féin, Alliance and the SDLP. Philip McGuigan (Sinn Féin) moved it stating:

“That articles 5 to 10 of the protocol on Ireland/Northern Ireland to the EU withdrawal agreement should continue to apply during the new continuation period (within the meaning of schedule 6A to the Northern Ireland Act 1998).”

He told the House, “the certainty and stability in the relationship with the EU that the protocol and Windsor framework offer are vital and must be endorsed by the majority in the Chamber today. As I said, I would welcome relationships between the EU and the new British Government becoming closer, and, should that transpire, it could and should bring with it positive outcomes for the North in the medium term. Today's vote and the continuation of the protocol protections are vital.”

Jonathan Buckley MLA (DUP) said “Members, be under no illusion: today's debate, today's vote, is an illusion of democracy. It is a rigged vote of which the European Union already knows the outcome.” He listed a number of issues including: GB retailers not delivering to Northern Ireland (at least 97 as of September 2024); a threat of the discontinuation of the supply of veterinary medicines to Northern Ireland from GB; a ban on the direct-to-consumer sales to Northern Ireland of seeds marketed in GB; and the discontinuation of the supply of powered wheelchairs to Northern Ireland.

Jonathan Buckley MLA speaking during the debate on the democratic consent resolutionJonathan Buckley MLA speaking during the debate on the democratic consent resolution

He also highlighted challenges such as new requirements for poultry fanciers travelling to GB; additional requirements on pets travelling to GB; difficulties for florists seeking to secure flowers, ribbon and bamboo.

Naomi Long MLA (Alliance) told the House “it is simply not possible to entirely square the circle of the challenges and contradictions posed by Brexit. Leaving the EU made a level of friction, barriers and bureaucracy inevitable.”

Emma Little-Pengelly MLA (DUP) noted that “for the very first time since 1998 and for the very first time since the Belfast/Good Friday Agreement, a key decision and a key vote in the House that will affect everyone in Northern Ireland will not require cross-community support in the Assembly… I reiterate that this is the first and only key decision that the House will vote on that absolutely tears asunder the key values and principles that other parties in this Chamber championed around the Belfast/Good Friday Agreement.”

After a debate lasting six hours, the question to extend post-Brexit trading arrangements was put and resolved by simple majority (48 to 36 votes).

Following the outcome of the democratic consent vote on articles 5-10 of the Windsor Framework, the Secretary of State for Northern Ireland, Hilary Benn commented “This democratic safeguard has provided the elected representatives of the people of Northern Ireland with a say over the trading arrangements that will apply over the next four years.”

On Wednesday, the Secretary of State for Northern Ireland made a written statement to the House of Commons on the outcome of the consent process under Schedule 6A Northern Ireland Act 1998, in which he confirmed that the next of these votes will take place in four years’ time. He reminded the House that he is legally obliged to commission an independent review into the functioning of the Framework.

The Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024 place in law certain requirements for the review, including that it must be raised in the EU-UK Joint Committee. In September, the Secretary of State, announced members to the Independent Monitoring Panel. This Panel will have a role in supporting the work of the independent review.

The independent review will make recommendations to the UK Government, including on “any new arrangements it believes could command cross-community support”. The review will report to the Secretary of State within six months, after which he will have a further six months to publish a written response to any recommendations made.

More information about the democratic consent mechanism is available on the Assembly’s website.

 

Agriculture Bill

On Thursday, the Committee for Agriculture, Environment and Rural Affairs received a briefing from the Department on the Agriculture Bill. The Bill makes provision for changes to two legacy EU support schemes: the fruit and vegetable aid scheme (FVAS) and the agri-food information and promotion scheme.

The Explanatory and Financial Memorandum states that “When the UK left the EU in January 2020, the European Union (Withdrawal) Act 2018 converted EU law into UK domestic law. This provided a smooth transition after the UK’s exit from the EU and was generally referred to as Retained EU Law, until it was preserved into domestic law at the end of 2023 as ‘assimilated law’ by the Retained EU Law (Revocation and Reform) Act 2023.”

The Bill proposes to amend assimilated law EU 1308/2013 (the Common Market Organisation Regulation) in relation to the FVAS, to enable the Department to continue the FVAS but on a discretionary basis.

Arts and the Creative Industries

In the House of Lords on Tuesday, the Government was asked what action it is taking to facilitate touring in, and trading with, Europe for the arts and creative industries. Responding on behalf of the Government, Baroness Blake of Leeds said: “In line with our manifesto, Ministers have raised touring with European counterparts on multiple occasions, and officials are collaborating across Whitehall with stakeholders and meeting their European counterparts to advocate for pragmatic solutions. This is a priority for the Government.” 

 

Movement of Goods (Northern Ireland to Great Britain) (Animals, Feed and Food, Plant Health etc.) (Transitory Provision and Miscellaneous Amendments) Regulations 2024

Also, on Tuesday, the House of Lords debated the Movement of Goods (Northern Ireland to Great Britain) (Animals, Feed and Food, Plant Health etc.) (Transitory Provision and Miscellaneous Amendments) Regulations 2024, with both a motion to approve and a motion to regret being moved.

Baroness Hayman of Ullock, The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs, moved the motion to approve. She told the House “this instrument forms part of the Government’s commitment to implementing the border target operating model by ensuring that sanitary and phytosanitary controls are applied to European Union and rest-of-world goods entering Great Britain through Northern Ireland. These controls are essential to maintaining the United Kingdom’s Toggle showing location biosecurity and food safety, as well as focusing the benefits of unfettered access arrangements on qualifying Northern Ireland goods.”

She continued: “The instrument uses powers conferred by the European Union (Withdrawal) Act 2018. It has two main purposes. First, it applies pre-notification and sanitary and phytosanitary certification requirements to goods that are not qualifying Northern Ireland goods entering Great Britain through Northern Ireland. These requirements are consistent with those already applied to certain European Economic Area goods and those entering Great Britain from Switzerland, Liechtenstein, the Faroe Islands and Greenland under the transitional staging period. This means that European Union and rest-of-world goods entering Great Britain through Northern Ireland are treated the same as such goods entering Great Britain through Ireland.

Secondly, the regulations make consequential amendments to various pieces of sanitary and phytosanitary legislation. The qualifying Northern Ireland goods definition was amended earlier this year for food and feed goods. The consequential amendments in the legislation that I am presenting today ensure that the updated definition is reflected consistently across the regulatory framework.”

Lord Dodds of Duncairn cautioned “While they may be described as technical in nature, the substance and import of these regulations have significant political and constitutional consequences. Together with the many other statutory instruments and subordinate legislation under the protocol/ Windsor Framework already passed and to be passed by this House and the other place, these constitute a substantial body of law imposing EU jurisdiction over part of the UK.”

Lord Dodds of Duncairn speaking in the House of LordsLord Dodds of Duncairn speaking in the House of Lords

In response to concerns about consultation with stakeholders, Baroness Hayman confirmed the “instrument is temporary and does not set out the approach for the long-term treatment of non-qualifying Northern Ireland goods entering Great Britain from Northern Ireland. Any future long-term approach will be developed with input from stakeholder engagement.”

She provided more information about the transitional staging period stating:

“This is a period during which the requirements for certain official documents and the performance of official controls in relation to some categories of animals, plants and other goods imported into GB from certain countries—including EU members states—have been temporarily eased. This is allowing Great Britain to adopt a pragmatic and phased approach to implementing the border target operating model. I repeat that this is a temporary easement of official controls. When this period comes to an end, all regulated sanitary and phytosanitary goods—that is plants, plant products and animal products that are in scope—will be subject to full import controls, as set out in the official controls regulation. It is currently scheduled to end on 1 July 2025, but we will ensure that we communicate well in advance any plans beyond that. We will be working with stake- holders and devolved Governments as we decide how we take this forward.”

The motion to approve was agreed. Lord Dodds’ amendment to the motion to regret was disagreed.

 

The work of the Cabinet Office

The Chancellor of the Duchy of Lancaster, Pat McFadden MP, attended the House of Commons Public Administration and Constitutional Affairs Committee on Tuesday where evidence focused on his main responsibilities and priorities since being appointed to the role in July. Asked for an update on the reset of the EU-UK relationship, the Chancellor said “I want the Committee to understand about the Government’s position is that there is a mood abroad that somehow we have to choose between a relationship with the United States and a positive relationship with the European Union or with Europe. We do not have to choose; this country should aim to have a good relationship with both. It is a really important point to make.”

The Chancellor also updated the Committee on the activities of a number of structures for meetings including the Council of the Nations and Regions and the British-Irish Council. He remarked that “When the Council of the Nations and Regions met, for example, we focused quite a lot on energy and inward investment, and it was a good discussion.”

He further commented, “I am very optimistic and hopeful about the Northern Ireland Executive being back up and running, Michelle O’Neill and Emma Little-Pengelly are doing a great job together. There is a lot of hope for Northern Ireland with the First Minister and Deputy First Minister in place, and I have really enjoyed working with them in the few months that I have been doing this.” 

 

European Affairs Committee


Nick Thomas-Symonds MP, Minister for the Cabinet Office and Stephen Doughty MP, Minister of State for Europe, North America and Overseas Territories gave oral evidence to the House of Lords European Affairs Committee on Tuesday. Outlining the three pillars of the EU reset, Nick Thomas-Symonds said:

“The first pillar is security and is about co-operation, particularly on foreign policy but obviously on wider defence matters too. The second pillar I would describe as the safety of citizens. That is closer law enforcement co-operation in a number of areas of serious and organised crime on things such as counter-terror operations, tackling money laundering, and irregular migration. The third pillar is growth and trade. You will have seen from our party election manifesto that this involves, for example, seeking to negotiate a sanitary and phytosanitary agreement with the EU, pushing forward on mutual recognition of professional qualifications in services, and what we can do to make it easier for our touring artists to perform in the EU.”

The Minister told the Committee that there are plans for a UK-EU summit in the first half of next year, “which then gives us a clear milestone for delivery.”

Stephen Doughty MP, Minister of State for Europe, North America and Overseas Territories, told the Committee there is the bilateral reset the Government is engaged in with key partners across Europe. He said “Our discussions on bilateral agreements, complementing the discussions that Nick and others are having with the EU directly, and particular projects such as the UK-Germany treaty and the defence agreement that was reached the other day, have very tangible and welcome outcomes. It is important to be clear that this is part of a reset, not just with the EU, but with Europe writ large.”

Minister Thomas-Symonds said he sees the reset as getting ahead of the trade and co-operation agreement review, because the end date for that 1 May 2026.

He told the Government is looking to reset its relationship with the devolved Administrations. “Part of that has been a continuing dialogue with regard to their priorities to feed into the reset. That work is very much ongoing.”

The Windsor Framework Taskforce is now based in the Cabinet Office, as part of the EU Relations Secretariat.

 

EU-UK Parliamentary Partnership Assembly

Last Thursday, the Prime Minister made a statement announcing the UK delegation to the UK-EU Parliamentary Partnership Assembly. Marsha de Cordova MP will lead the delegation and Co-Chair the UK-EU Parliamentary Partnership Assembly with Sandro Gozi MEP (Renew, France). The Lord Ricketts and Sarah Bool MP have both been appointed Vice-Chairs. The Baroness Ritchie of Downpatrick and Robin Swann MP are both members of the delegation. 

 

EU-UK relations: General Affairs Council of the European Council

Last Thursday, the Prime Minister Keir Starmer and the President of the European Council António Costa met in Downing Street. They reaffirmed that the Withdrawal Agreement, including the Windsor Framework and the Trade and Cooperation Agreement, are the foundation of relations between the UK and EU, and restated their joint commitment to the full and faithful implementation of those agreements.

President of the European Council António Costa met The Prime Minister in Downing StreetPresident of the European Council António Costa met The Prime Minister in Downing Street


Today, at the General Affairs Council of the European Council, Ministers will exchange views on EU-UK relations. They will also take stock of EU-Switzerland relations.

Ministers will exchange views on EU-UK relations, focusing on common EU interests for areas in which the relations with the UK could be strengthened, against the backdrop of the current geopolitical context.

Following the UK general elections, the Prime Minister met Commission President von der Leyen and they agreed to strengthen the relationship between the UK and the EU with a view to facing global challenges.

Background information states:

“Ministers generally welcomed the positive engagement and expressed openness to consider how the relations could be further strengthened, recalling that such progress must continue to be based on the balance of rights and obligations found in Trade and Cooperation Agreement and on the full and faithful implementation of the existing agreements.

Since then, work has been undertaken at technical level in the Council to identify common EU interests for strengthening EU-UK relations in different areas, as well as cross-cutting issues. The discussion among ministers will take place in light of this technical work.

In his invitation letter to the members of the European Council, President Costa announced that the question of developing mutually-beneficial strategic relations with the United Kingdom – notably in the field of security and defence - while respecting the fundamental principles on which the post-Brexit EU-UK relationship is built, will also be part of the leaders’ discussion under the theme of EU in the world at the European Council meeting on 19 December.”

 

EU-Mercosur Trade Deal

Earlier this month (6 December), the EU and the Mercosur countries – Argentina, Brazil, Paraguay and Uruguay - reached a free trade agreement.

President of the European Commission, Ursula von der Leyen, said:

“This is a win-win agreement, which will bring meaningful benefits to consumers and businesses, on both sides. We are focused on fairness and mutual benefit. We have listened to the concerns of our farmers and we acted on them. This agreement includes robust safeguards to protect your livelihoods. EU-Mercosur is the biggest agreement ever, when it comes to the protection of EU food and drinks products. More than 350 EU products now are protected by a geographical indication. In addition, our European health and food standards remain untouchable. Mercosur exporters will have to comply strictly with these standards to access the EU market. This is the reality of an agreement that will save EU companies €4 billion worth of export duties per year.”

Yesterday the Irish Independent reported that EU Commission officials will visit the Republic of Ireland early next year to convince Irish farmers to support the deal. The Irish Government opposes the deal and the Irish Farmers’ Association has called it a “sell-out”.

Analysis by the Guardian notes that “the deal has yet to be ratified, and EU member states are split. Germany, desperate to shore up its export industry, is strongly in favour. France, whose farmers famously carry immense political clout, is implacably opposed. Serious reservations have been expressed by the Netherlands, Poland, Austria, Italy and Ireland.”

 

 Other news

  • On Friday 13 December, the EU's General Product Safety Regulation (GPSR), came into force.                                                                              
  • The European Commission has referred the UK to the Court of Justice of the EU over shortcomings in how it has cooperated with the post-Brexit withdrawal agreement. The Independent reports the Commission alleges several shortcomings in how Great Britain has stuck to the Treaty on the Functioning of the European Union, affecting residents’ rights to live and work freely between EU member states.                                                                                                                        
  • The fourth day of the Committee stage scrutiny of the Product Regulation and Metrology Bill took place on Wednesday 11 December. Committee stage continues on 19 December when further amendments will be discussed.                                                                                               
  • The Northern Ireland Affairs Committee is inviting written submissions on the Windsor Framework as part of a rolling inquiry examining the operation and implementation of the post-Brexit agreement.