United Kingdom Internal Market Bill — Clause 40 — Northern Ireland — Avoiding a Hard Border — Compliance with Belfast/Good Friday Agreement and Withdrawal Agreement — 21 Sep 2020 at 22:30

The majority of MPs voted against making avoiding a hard border on the island of Ireland a "paramount duty" for those implementing new arrangements following the United Kingdom's withdrawal from the European Union, and against a duty to ensure consistency of new arrangements with the Belfast/Good Friday Agreement and the United Kingdom - European Union Withdrawal Agreement and its Ireland/Northern Ireland Protocol.

MPs were considering the United Kingdom Internal Market Bill^[1][2].

The amendment rejected in this vote was:

• Amendment 41, page 31, line 16, at end insert—
• ‘(1A) When exercising any functions covered by this Part, any appropriate authority has a paramount duty—
• (a) to act without prejudice to all international and domestic law, including the Withdrawal Agreement;
• (b) to address the unique circumstances on the island of Ireland;
• (c) to maintain the necessary conditions for continued North-South cooperation;
• (d) to avoid a hard border on the island of Ireland;
• (e) to protect the Belfast/Good Friday Agreement in all its dimensions.”

The rejected amendment was accompanied by the following explanatory statement from its proposer:

• This amendment is intended to provide a safeguard so that any actions with respect to Part 5 of the Bill must be consistent with relevant existing international and domestic law commitments, including the terms of the Withdrawal Agreement and its Ireland/Northern Ireland Protocol.

Had it not been rejected the amendment would have added to Clause 40^[3] of the Bill which set out duties on UK ministers, ministers of devolved administrations and other public officials to

• have special regard to the following matters when exercising any function for a relevant purpose—
• (a) the need to maintain Northern Ireland’s integral place in the United Kingdom’s internal market;
• (b)the need to respect Northern Ireland’s place as part of the customs territory of the United Kingdom; and
• (c)the need to facilitate the free flow of goods between Great Britain and Northern Ireland with the aim of—
• (i)streamlining trade between Great Britain and Northern Ireland, and
• (ii)maintaining and strengthening the integrity and smooth operation of the internal market in the United Kingdom.

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• [1] Parliament's webpage on the United Kingdom Internal Market Bill, Parliament.uk
• [2] Explanatory notes to the United Kingdom Internal Market Bill, Parliament.uk website
• [3] Version of the United Kingdom Internal Market Bill to which this amendment relates, p31 containing Clause 40, Parliament.uk website

Debate in Parliament |