Key Facts

• Nigel Evans is acting as Chairman of the Committee.
• Social distancing measures are affecting usual parliamentary procedures.
• Amendments aim to maintain North-South cooperation under the Good Friday Agreement.
• Prevents new checks on goods moving from Northern Ireland to Ireland or vice versa.
• Safeguards unfettered access for NI businesses to the UK Internal Market.
• Ensures compatibility with the Good Friday Agreement and relevant laws.
• The bill aims to uphold commitments made in the government's election manifesto.
• The protocol ensures that Northern Ireland remains part of the UK’s customs territory and allows unfettered access from Northern Ireland to the rest of the UK market.
• Provisions will be set out in the Finance Bill to prevent tariffs on goods moving from Great Britain to Northern Ireland under certain conditions.
• Clauses 11, 40, and 41 of the Bill ensure unfettered access for Northern Ireland goods in the UK internal market.
• £8.1 billion worth of goods sales from Northern Ireland to Great Britain are protected by these measures.
• 56% of Northern Ireland's goods trade is with Great Britain.
• Clauses 42-45 are designed as safety nets for implementing unfettered access and interpreting EU state aid rules.
• The protocol ensures Northern Ireland is part of the UK’s customs territory.
• Clause 43 provides clarity on article 10 of the protocol regarding state aid rules applying to goods and electricity traded between Northern Ireland and the EU.
• Amendments seek to provide a break-glass mechanism on safety net provisions related to the Northern Ireland protocol.
• Amendment 66 sets out a parliamentary procedure requiring a take-note debate in the other place before using specific powers in the Bill.
• The government is committed to ensuring that Parliament's approval is explicitly obtained before any decision to use these powers.
• Amendments 64 and 65 ensure judicial review claims must be brought within three months.
• Amendments 61 to 63 address VAT, excise systems, double taxation, and tax evasion issues.
• The new trader support service will guide businesses through import processes at no cost.
• The Government is committing £200 million for the trader support service.
• Amendment 69 is deemed unnecessary as the Government has already committed to delivering unfettered access for Northern Ireland businesses.
• Amendment 70 seeks to ensure goods moving from Northern Ireland to Great Britain via Dublin benefit from unfettered access, but the outcome of current consultations cannot be preempted.
• The Government supports mutual recognition and non-discrimination principle but introduced an exception for chemicals due to local factors and significant risks posed by certain substances.
• Amendment 48 is deemed unnecessary as it relates to existing guarantees in UK law regarding the absence of a hard border between Northern Ireland and the Republic of Ireland.
• Clauses 43 and 44 aim to mitigate risks from the European Commission imposing a broad interpretation of article 10, ensuring government's legal safety net remains intact.
• Amendments 31 and 32 are unnecessary as they relate to terms that are self-explanatory ('incompatible' and 'inconsistent').
• The amendments seek to solve the mess caused by removing provisions from the Bill that put the country in conflict with international law.
• Jonathan Jones and Lord Keen resigned due to their inability to reconcile the Bill's provisions with legal obligations.
• Article 27 of the Vienna convention states a party may not invoke internal law as justification for failing to perform a treaty.
• The UK Supreme Court case Miller v. Secretary of State for Exiting the European Union cited in arguments against breaching treaty laws.
• Former Attorney General Mr Cox’s article in The Times supports using lawful responses instead of breaking international law.
• Amendment requests include removing notwithstanding clauses and other references to disapplying the protocol and disregarding the law.
• Nigel Evans is addressing the House regarding contributions in a debate on clauses 41 to 45 of the United Kingdom Internal Market Bill.
• He reminds Members to be mindful of the long call list and to keep their contributions brief.
• Theresa May led actions in response to Russian chemical weapons use, expelling agents from 29 countries.
• Lord Keen resigned due to difficulties reconciling his duties as a Law Officer with the Government’s policy intentions.
• The Prime Minister's previous statements about the withdrawal deal and Northern Ireland's single market access are highlighted.
• The Northern Ireland Assembly voted in favour of sticking to the agreement with the European Union.
• Sir Jonathan Jones, Lord Keen, and David Melding have all resigned over concerns about clauses 42 to 45 of the Bill.
• Professor Katy Hayward of Queen’s University Belfast stated that certainty has become an even more distant prospect due to this Bill.
• The Vienna convention addresses national sovereignty in international law.
• Parliament passed section 38 of the EU Withdrawal Agreement Act without opposition.
• Paragraph 50 of the UK-EU joint report guarantees no new regulatory barriers between Northern Ireland and the rest of the UK.
• The Bill does not address the concerns related to state aid rules applicable in Northern Ireland.
• Gavin Robinson questions whether the Government's approach is sufficient to prevent predatory actions from the Republic of Ireland that could hinder Northern Ireland's economic development.
• There are concerns about the chilling effect of EU regulations on UK businesses and the potential for legal challenges under state aid laws.
• Amendment 68 would require Northern Ireland Assembly consent for new requirements affecting goods traded from GB to NI.
• No additional official or administrative costs may be recouped from the private sector under amendment 68.
• The Government has committed £355 million to the trader supporter service.
• Bob Neill suggests that clause activation must meet a high bar similar to article 46 of the Vienna Convention on the Law of Treaties.
• Amendment 66 is discussed as a means to provide safeguards for potential derogations from international obligations.
• The MP references the importance of protecting Northern Ireland's welfare and sovereignty within the UK.
• Claire Hanna commends amendments 46 to 48, amendment 41, and new clause 7.
• The Good Friday agreement focuses more on relationships, aspirations, consensus, and respect than on borders and trade.
• The Bill is perceived as damaging the values enshrined in the Good Friday Agreement.
• The Good Friday agreement talks about democratic arrangements, rule of law, and close cooperation as friendly neighbours.
• Strand 2 of the agreement will be damaged by the Bill through creeping borderism and disruption of north-south frameworks.
• Strand 3 deals with east-west relationships which have been strained almost to breaking point over recent years.
• There are three points of entry into Northern Ireland via the sea border compared to 108 border crossings between the Republic of Ireland and Northern Ireland.
• Democratic Unionist party used the petition of concern approximately two thirds of the time.
• After 1 January next year, there will be more external crossings into the EU on the island of Ireland than there will be in the rest of the continent’s borders.
• Amendment 47 aims to put an understanding and assurance that all operations of the Bill are compatible with legislation underpinning the Good Friday agreement.
• The speaker spent six years in the European Parliament and was involved in creating new EU regulation.
• The Northern Ireland protocol will impact the flow of goods across the Irish Sea.
• Extensive preparations have been made for a new system for compliance with customs and sanitary obligations as required by the protocol.
• The UK is not listed as a country fit to export food to the EU despite meeting all current EU laws on food and animals.
• Countries like Russia, Serbia, Chile, Thailand, Ukraine, Cuba, and Iran are permitted to export products to the EU without similar rigorous standards.
• Amendment 41 seeks to ensure compliance of part 5 with international law obligations.
• New clause 6 aims to address export declarations through the Joint Committee.
• Part 5 threatens to breach international law, which would harm UK's reputation internationally.
• The principle of consent is hard-wired into the withdrawal agreement.
• Brexit has destabilized Northern Ireland's political situation.
• There is a trilemma at the heart of Brexit negotiations: an open border on the island of Ireland, leaving the customs union and single market, and ruling out special measures for Northern Ireland.
• The protocol represents the bare minimum required to address challenges in Northern Ireland.
• The European Union (Withdrawal Agreement) Act 2020 includes section 38 which outlines potential intentions regarding constitutional settlement.
• Article 46 of the Vienna convention on the law of treaties is referenced as providing clarity on treaty interpretation.
• Kadi v. Council and Commission in 2008 highlights EU's rights to breach international law when it conflicts with its constitutional settlement.
• Joanna Cherry is tabling amendments 43 and 44.
• The amendments aim to restrict judicial review under clause 45.
• Clause 45 may breach the Treaty of Union between Scotland and England.
• Joanna Cherry's amendments seek to address clause 45.
• The English Bar Council and Law Society of England and Wales have expressed concerns about clause 45.
• Clause 45 would exclude judicial review on grounds of incompatibility with domestic and international law, including the Human Rights Act.
• The Scottish Parliament's Court of Session has an inherent supervisory jurisdiction since 1532.
• Karen Bradley feels uncomfortable about voting to break international law.
• The Bill is necessary due to settlements on devolution being written at a time when the UK was an EU member.
• The MP supports the Bill as a whole but has concerns with part 5.
• The Northern Ireland Act 1998 is mentioned as not addressing certain matters.
• Part 5 of the Bill is questioned by the speaker and should be debated separately if necessary.
• The speaker expresses uncertainty about voting direction due to Government compromises.
• The UK Internal Market Bill is causing confusion over exit summary declarations, 'at-risk goods', state aid, and third country listing.
• Government officials have conflicting views on whether the EU is negotiating in good faith.
• Article 16 of the withdrawal agreement could be used if a satisfactory agreement cannot be reached.
• The government has not shared with the House proposals made to the EU about identifying goods at risk.
• The Committee has many Members waiting to speak.
• There is a need for brevity in speeches.
• Chishti resigned as Prime Minister’s special envoy due to concerns about breaking international law.
• Amendment 66 provides for parliamentary oversight.
• Clauses 42, 43, and 45 are seen as problematic because they allow Ministers to unilaterally withdraw from an international agreement passed by the House.
• The government is accused of rewriting devolution by decree.
• Mention of the Northern Ireland (Temporary Provisions) Act 1972, which disbanded Stormont Parliament against wishes of Unionist leadership.
• Reference to historical events involving Edward Carson and Brian Faulkner.
• The MP refers to clause 11 and part 5 of the Bill.
• Amendment 66 is described as a 'break glass' amendment.
• The United Nations convention on the law of the sea (UNCLOS) of 1982 is mentioned.
• The Northern Ireland protocol's potential misuse by EU is highlighted.
• The Vienna convention states a party may not invoke internal law as justification for failing to perform a treaty.
• Today’s FinCEN leaks reveal the UK is central to global money laundering and financial crime.
• Hodge criticizes the Government for disdain towards judiciary, contempt for Parliament, animosity towards civil servants, and loathing of the BBC.
• Clause 45 is crucial in maintaining the integrity of the UK’s internal market.
• Amendment 66 would require parliamentary approval for any use of powers under clauses 42 and 43.
• The speaker refutes comparisons to China or Russia, emphasizing that a limited breach of international law by the UK is not equivalent.
• The government's proposal is criticized for failing to address the Northern Ireland protocol effectively.
• The Prime Minister insisted on three things (leaving customs union, avoiding Irish border issues) when only two could be achieved simultaneously.
• A Bill will decriminalize the use of torture in certain circumstances, likely breaching international law.
• Article 1 of the Northern Ireland protocol states that nothing in the protocol should interfere with the Belfast/Good Friday agreement.
• Article 4 provides that Northern Ireland is part of the customs territory of the United Kingdom.
• Article 6 ensures unfettered market access for goods moving from Northern Ireland to other parts of the UK's internal market.
• The protocol is claimed to increase costs, reduce opportunities, impact investment, and harm trade with GB.
• Amendments tabled address real problems caused by the protocol rather than concerns about the Good Friday Agreement.
• £15.5 million worth of building construction for border posts within the UK is mentioned as an example of unnecessary precautionary measures.
• The Bill aims to protect trade between Northern Ireland and Great Britain.
• It is important for cementing peace in Northern Ireland through economic prosperity.
• The speaker supports amendment 66, allowing the House a say if needed.
• The Bill grants comprehensive powers to Ministers under clauses 42, 43, and 45.
• These clauses would enable disapplication of wide-ranging elements of the protocol without establishing an impasse with the EU beforehand.
• The speaker warns about potential breaches of international law and obligations set out in article 68 of the withdrawal agreement.
• The withdrawal agreement clearly referenced state aid rules in Article 10 of the Northern Ireland protocol.
• Five out of six Conservative party leaders and all five living Prime Ministers oppose the bill's measures.
• Passing the Bill undermines the Vienna Convention on the Law of Treaties.
• Edward Leigh highlights his amendment number 42.
• The EU negotiators made a threatening statement on September 10, suggesting they could control food movement from Great Britain to Northern Ireland.
• An interpretative declaration can be used unilaterally by any party to treaties and is recognized as a legal instrument.
• The speaker has grave concerns about the Bill undermining devolution settlements in Scotland, Wales, and Northern Ireland.
• Part 5 of the Bill is the focus of scrutiny, specifically clauses 40 to 45.
• The MP supports amendments 27, 31 to 40, 44, 80, 88, and 89 as well as new clauses 5 and 6.
• Damian Green voted for the Bill despite doubts about part 5.
• The Government agreed with Sir Robert Neill's amendment.
• Parliament will be asked to support clause usage only if the EU breaches good faith and undermines the Northern Ireland protocol.
• The Prime Minister has broken his word multiple times, including to the Taoiseach of Ireland.
• The House of Commons Library stated that the Bill allows for violation of any international obligation engaged in regulation creation under clauses 42 and 43.
• Senior diplomatic figures are appalled at the decline of UK's reputation and influence on the global stage.
• The withdrawal agreement was seen as an attempt by the European Union to maintain influence over UK laws.
• The debate is part of the growing pains of re-establishing national sovereignty and democracy.
• Some suggest there may be more challenges in the other place regarding the Bill.
• The clauses 40 to 45 allow breaking international law.
• The US Congress Speaker Nancy Pelosi declared that violating the Northern Ireland protocol will prevent a trade deal with the US.
• Joe Biden said any US-UK trade deal is contingent upon respect for the Good Friday agreement.
• The MP refers to amendments 42, 43, and 45 of the Bill as contentious.
• Jeremy Wright's speech highlights three requirements: specific authority, wholly exceptional circumstances, and no alternative before breaking international law.
• Quotes Margaret Thatcher and Theresa May on upholding international law.
• Obligations under the withdrawal agreement apply to both the European Union and the United Kingdom.
• Negotiations have been stalled by the EU focusing only on red lines such as fisheries, the level playing field, and state aid.
• Part 5 sets up safeguards against severe consequences if negotiations fail and there is no free trade agreement.
• Opposition Members firmly believe in a strong internal market but oppose the current proposal.
• The Bill proposes mutual recognition without legally underpinning minimum standards across food, environment, air quality and animal welfare.
• Residents from Newport West constituency want high standards protected by Welsh Labour Government.
• The MP has serious reservations about clauses 41 to 45 of the UK Internal Market Bill.
• Amendment 4 by the hon. Friend and Government amendment 66 provide additional checks but do not remove fundamental powers reserved to the Government.
• The EU is exploiting Northern Ireland's unique position for negotiations.
• The Bill includes clauses 45 to 50 aimed at addressing state aid issues.
• The Ulster Farmers Union is concerned about levels of state aid in clause 43.
• Clause 41 supports unfettered access for Northern Ireland goods moving from Northern Ireland to Great Britain by precluding new checks or controls.
• The UK Internal Market Bill may breach international law.
• Clause 45 allows for a parliamentary vote if the powers in the Bill are ever to be used.
• The Government's actions could damage Britain's hard-fought reputation and moral high ground.
• Clauses 40 and 41 deal with Northern Ireland's place in the UK internal market and unfettered access respectively.
• The protocol requires both sides to negotiate in good faith, protect the Good Friday agreement, and reach a free trade deal.
• The break-glass provision requires the House of Commons approval before commencing these measures.
• Amendment 41 aims to ensure consistency with international and domestic law.
• Amendment 68 seeks consent from the Northern Ireland Assembly before implementing trade regulations.
• Amendments 61, 62, and 63 introduce exceptions for VAT, excise duties, and biosecurity threats.
• The Committee divided with Ayes 338 and Noes 254.
• Progress reported on the UK Internal Market Bill.
• The Deputy Speaker resumed the Chair after the occupant left.