United Kingdom Internal Market Bill — Clause 45 and Clause 50 — Northern Ireland Trade — Permit Breaches of Domestic Law and International Agreements — 21 Sep 2020 at 22:59

The majority of MPs voted to empower ministers regulate the movement of goods from Northern Ireland to Great Britain, and to deal with state aid to agriculture in Northern Ireland, irrespective of domestic law and international agreements.

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

The motion supported by a majority of MPs in this vote was:

• That clause 45, as amended, and clause 50 stand part of the Bill.

Clause 45^[3] was titled Further provision related to sections 42 and 43 etc and stated:

• (1)The following have effect notwithstanding any relevant international or domestic law with which they may be incompatible or inconsistent—
• (a)section 42;
• (b)any regulations made under section 42(1);
• (c)section 43;
• (d)any regulations made under section 43(1);
• (e)this section;
• (f)any other provision of this Act so far as relating to the provisions in paragraphs (a) to (e).
• (2)Accordingly (among other things)—
• (a)regulations under section 42(1) or 43(1) are not to be regarded a s unlawful on the grounds of any incompatibility or inconsistency with relevant international or domestic law;
• (b)all rights, powers, liabilities, obligations, restrictions, remedies and procedures which are, in accordance with section 7A of the European Union (Withdrawal) Act 2018, to be recognised and available in domestic law, and enforced, allowed and followed accordingly, cease to be recognised and available in domestic law, or enforced, allowed and followed, so far and for as long as they are incompatible or inconsistent with a provision mentioned in paragraphs (a) to (f) of subsection (1);
• (c)section 7C of that Act ceases to have effect so far and for as long as it would require any question as to the validity, meaning or effect of any relevant separation agreement law to be decided in a way which is incompatible or inconsistent with a provision mentioned in paragraphs(a) to (f) of subsection (1);
• (d)any other provision or rule of domestic law that is relevant international or domestic law ceases to have effect so far and for as long as it is incompatible or inconsistent with a provision mentioned in paragraphs (a) to (f) of subsection (1).
• (3)In section 7A of the European Union (Withdrawal) Act 2018, in subsection (5)—
• (a)omit the “and” at the end of paragraph (e);
• (b)at the end of the subsection insert “, and(g)the provisions mentioned in paragraphs (a) to (f) of section 45(1) of the UK Internal Market Act 2020(provisions to which this section is subject).”
• (4)In this section—“relevant international or domestic law” includes—
• (a)any provision of the Northern Ireland Protocol;
• (b)any other provision of the EU withdrawal agreement;
• (c)any other EU law or international law;
• (d)any provision of the European Communities Act 1972;
• (e)any provision of the European Union (Withdrawal) Act 2018;
• (f)any retained EU law or relevant separation agreement law;
• (g)any other legislation, convention or rule of international or domestic law whatsoever, including any order, judgment or decision of the European Court or of any other court or tribunal;“relevant separation agreement law” has the meaning given by section7C(3) of the European Union (Withdrawal) Act 2018

Amendments^[4] had been made to clause 45^[4] adding a provision preventing any extension of time limits for judicial reviews of regulations on procedures relating to moving goods from Northern Ireland to Great Britain and on regulations relating to state aid for agriculture and agricultural products in Northern Ireland.

Clause 45 seeks to ensure the Bill can have its intended effect in relation to the movement of goods from Northern Ireland to Great Britain, and state aid to agriculture in Northern Ireland irrespective of international or domestic law.

Clause 50^[5] was titled: Further provision in connection with the Northern Ireland Protocol and stated:

• (1)The following provisions cease to have effect when Articles 5 to 10 of the Northern Ireland Protocol cease to apply—
• (a)section 11 and Part 5, and
• (b)section 8C(5A) of the European Union (Withdrawal) Act 2018 (as inserted by subsection (3)).
• (2)Nothing in this Act except the amendment made by subsection (3) (including,in particular, section 49(4)) limits—
• (a)the power to make provision under section 8C of the European Union (Withdrawal) Act 2018 (regulations in connection with the Protocol)(including as that power may be used to modify this Act), or
• (b)the effect of any regulations under that section.
• (3)In section 8C of the European Union (Withdrawal) Act 2018, after subsection(5) insert—“
• (5A)Regulations under subsection (1) may not amend, repeal or otherwise modify the operation of section 41 of the United Kingdom Internal Market Act 2020 (“the 2020 Act”), except by making—
• (a)provision of the sort that is contemplated by section 41(2) of the2020 Act (permitted checks);
• (b)provision under subsection (6);
• (c)provision of the sort described in paragraph 21(b) of Schedule 7(supplementary and transitional provision etc) in connection with—(i)provision within either of the preceding paragraphs;(ii)Articles 5 to 10 of the Northern Ireland Protocol ceasing to apply (and the resulting operation of section 50(1) of the 2020 Act).”

Clause 50 makes amendments consequential on the end of the transition period while enabling the intended effects of the Bill.

• [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] Page 39 of the version of the United Kingdom Internal Market Bill to which this motion relates, Parliament.uk
• [4] House of Commons, Official Record, 21 September 2020
• [5] Page 43 of the version of the United Kingdom Internal Market Bill to which this motion relates, Parliament.uk

Debate in Parliament |