Northern Ireland Protocol Bill — Clause 13 — Implementation, application, supervision and enforcement of the Protocol — 20 Jul 2022 at 16:45

This amendment changes the threshold for giving a Minister power to make regulations under this Clause. The threshold is amended to make it objective rather than subjective.

This amendment changes the threshold for giving a Minister power to make regulations under this Clause. The threshold is amended to make it objective rather than subjective.

This amendment would remove the Minister’s power to engage in any conduct in relation to any matter dealt with in the Northern Ireland Protocol, not otherwise authorised by this Act, if the Minister considers it appropriate to do so.

“the Minister of the Crown considers it appropriate”

This amendment changes the threshold for giving a Minister power to make regulations under this Clause. The threshold is amended to make it objective rather than subjective.

“and a motion approving the conduct has been passed by the Northern Ireland Assembly.”

This amendment would subject the exercise of the Minister’s power to engage in conduct in relation to any matter dealt with in the Northern Ireland Protocol that is not otherwise authorised by the Act to a motion approving the conduct in the Northern Ireland Assembly.

This amendment is based on the fourth point in the Preamble to Northern Ireland Protocol.

This amendment would prevent the Bill’s proposed departure from the terms of the Northern Ireland Protocol, or from any related provision of the EU withdrawal agreement, in respect of the previously agreed role of the European Court (CJEU) unless clause 20 had first been approved by the Northern Ireland Assembly.

This amendment would remove the prohibition on a court or tribunal referring any matter to the European Court, where the matter relates to the Northern Ireland Protocol or any related provision of the EU Withdrawal Agreement, or domestic law relating to the Northern Ireland Protocol or any related provision of the EU Withdrawal Agreement, given that subsection (4) would give ministers the power to make regulations regarding references on a question of interpretation of EU law to be made by Courts and Tribunals.

This amendment changes the threshold for giving a Minister power to make regulations under this Clause. The threshold is amended to make it objective rather than subjective.

“are numerous, extensive and subject to very low hurdles before those powers may be exercised.”

“there are Henry VIII powers and Henry VIII powers; and this is Henry VIII, the six wives, Cardinal Wolsey and Thomas Cromwell all thrown in together.”

“almost Shakespearean or Wagnerian in their scope and breadth.”-[Official Report, 13 July 2022; Vol. 718, c. 370.]

“do whatever you like power”.

“the principle that the Belfast Agreement, including its subsequent implementation agreements and arrangements, should be protected in all its parts”,

“A Minister of the Crown may engage in conduct in relation to any matter dealt with in the Northern Ireland Protocol…if the Minister of the Crown considers it appropriate”.

“There is no definition of ‘conduct’ in the Bill itself. And there is nothing on the face of clause 18 that would prevent it from creating legally binding rules of general application.”

“instruments that are legislative in effect but often not subject to parliamentary oversight. Examples include guidance, determinations, arrangements, codes of practice and public notices. Clause 18 appears to allow all these things to be done, without any parliamentary procedure and in a way that is binding on the general public.”

“an unusual form of words for a statutory power.”

“It also ensures that law-making does not circumvent the publication requirements that accompany, and the parliamentary scrutiny that is afforded to, primary and delegated legislation.”

“clause 7 makes it clear that businesses will have a choice which regulatory route to follow when supplying goods to the market in Northern Ireland.”

“allow a Minister to prescribe a single regulatory route for specific sectors, including a UK-only route with no application of EU law”-[Official Report, 19 July 2022; Vol. 718, c. 877-79.]

Debate in Parliament |