Make provision about the effect in domestic law of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement, about other domestic law in subject areas dealt with by the Protocol and for connected purposes
House of Commons
31 October 2023
May contain errors — check source documents for definitive information.
The Northern Ireland Protocol Bill aims to put into UK domestic law how the Northern Ireland Protocol operates and to give ministers power to regulate areas affected by the Protocol (for example goods and taxation) to keep trade flowing and avoid a hard border. It also includes Safeguards and oversight, including potential involvement of Northern Ireland’s Assembly and ongoing talks with the EU to manage changes and disputes.
The bill is being scrutinised in the Lords during Committee stage. It has already cleared the Commons but faces detailed examination and a broad range of proposed amendments aimed at greater democratic oversight and limits on executive powers. Many amendments were withdrawn or not moved, indicating ongoing tension between executive powers and devolved consent.
Across divisions, the Opposition and cross‑party groups generally supported additional oversight and safeguards, while the Conservative government opposed stronger constraints on ministerial powers. Labour, Liberal Democrats, SNP, SDLP, Plaid Cymru and others backed amendments to increase oversight, whereas the Conservative and DUP factions opposed many of these changes. Sinn Féin did not cast votes in the recorded divisions.
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Based on 14 recorded votes • Sorted by % Aye
The 2022-2023 session of Parliament has prorogued and this bill will make no further progress.
The Government will proceed with enabling the red lane SPS facilities at Northern Ireland ports to ensure EU checks on EU-destined goods, while keeping the green lane for internal UK trade, and will publish the necessary statutory instrument and guidance in early 2023 with DAERA staffing responsibilities. If the Northern Ireland Executive is restored, these responsibilities could revert to the Executive; otherwise the UK Government will continue with the NI Protocol Bill approach. EU law requirements for checks on EU-destined goods remain in place, and biosecurity protection will be maintained.
The letter states that because there is no Northern Ireland Executive, the UK Government will engage Northern Ireland’s elected representatives on an equal basis with all parties and keep them regularly informed. It also notes that under New Decade, New Approach, NI Executive members would have joined UK delegations to NI‑specific EU talks, and that negotiations with the EU remain between the UK and EU, with ongoing close consultation with NI representatives from all parties.
The letter explains that Clause 18(1) of the Northern Ireland Protocol Bill simply authorises Ministers’ non‑legislative actions (like publishing guidance or notifying the EU) in support of the Bill’s purposes. It stresses this is not a new or extraordinary power, but normal executive action to provide certainty where obligations moved from the EU Withdrawal Act 2018. The aim is to prevent legal challenges delaying the Bill’s implementation, and a copy of the letter will be placed in the Lords Library.
The letter explains that Clause 22(1) does not widen the Bill’s powers; it clarifies that regulations under the Northern Ireland Protocol Bill can do things that could be done by an Act of Parliament, but only within the scope of each power (for example, Clause 9 on goods regulation and Clause 17 on tax). Clause 22(3) narrows powers to prevent new NI–Ireland border infrastructure, and any amendments to Acts would still have to fall within the relevant power and be subject to affirmative parliamentary scrutiny.
Lord Ahmad says the Government will use secondary legislation under the Northern Ireland Protocol Bill cautiously, with thorough analysis, relevant stakeholder consultation, and normal parliamentary scrutiny. He notes the urgency of addressing the Protocol’s impact in Northern Ireland and that regulation-making powers will be tailored to each Statutory Instrument, with final legislation brought forward in due course.
