United Kingdom Internal Market Bill — Clause 47 — Further Provision Related to Sections 44 and 45 etc — Northern Ireland Regulations — Compatibility with Domestic and International Law — 7 Dec 2020 at 21:06

The majority of MPs voted not to forbid regulations on exports from Northern Ireland to Great Britain or state aid to Northern Ireland from breaching international or domestic law.

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

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

• That this House disagrees with Lords amendment 47.

Lords amendment 47^[3] stated:

• Leave out Clause 47

Clause 47 of the Bill^[4] began:

• :The following have effect notwithstanding any relevant international or domestic law with which they may be incompatible or inconsistent
• (a)section 44;
• (b)any regulations made under section 44(1);
• (c)section 45;
• (d)any regulations made under section 45(1);
• (e)this section;
• (f)any other provision of this Act so far as relating to the provisions in paragraphs (a) to (e).
• ..."

Section 44 was titled Power to disapply or modify export declarations and other exit procedures and began:

• "(1)A Minister of the Crown may by regulations make provision about the application of exit procedures to goods, or a description of goods, when moving from Northern Ireland to Great Britain.
• (2)That includes any exit procedure that is applicable by virtue of the Northern Ireland Protocol or otherwise.
• (3)The following matters (in particular) may be taken into account when a Minister of the Crown is exercising the power conferred by subsection (1)—
• (a)the need for Northern Ireland goods to enjoy unfettered access to the rest of the United Kingdom, and
• (b)the need to maintain and strengthen the integrity and smooth operation of the internal market in the United Kingdom.
• ..."

Section 45 was titled Regulations about Article 10 of the Northern Ireland Protocol and began:

• "(1)The Secretary of State may by regulations make provision for the purposes of domestic law in connection with Article 10 of the Northern Ireland Protocol (State aid).
• ..."

--

• [1] Parliament's webpage on the United Kingdom Internal Market Bill, Parliament.uk
• [2] Explanatory notes to the United Kingdom Internal Market Bill, 9 September 2020, Parliament.uk
• [3] Lords amendments to the United Kingdom Internal Market Bill, 2 December 2020, Parliament.uk
• [4] United Kingdom Internal Market Bill, as introduced to the House of Lords, 30 September 2020, Parliament.uk

Debate in Parliament |