First Report: Unfettered Access: Customs Arrangements in Northern Ireland after Brexit

The government's response

What the committee recommended 12

1. 1
   With less than six months to go, businesses are still in the dark about what... Conclusion · paragraph 8
2. 2
   Notwithstanding the convention that Government Departments respond to Select Committee reports within 60 days of... Conclusion · paragraph 11
3. 3
   The Government’s optimistic aspiration to facilitate unfettered access set out in the Command Paper on... Conclusion · paragraph 25
4. 4
   The Government must set out the parliamentary timetable by which it plans to translate its... Recommendation · paragraph 26
5. 5
   The Government must clarify the process and criteria by which Northern Ireland goods will be... Recommendation · paragraph 27

See all 12 recommendations and conclusions

Sources

• First Report: Unfettered Access: Customs Arrangements in Northern Ireland after Brexit ↗The committee's report, HC 161, parliament.uk
• Unfettered Access: Customs Arrangements in Northern Ireland after Brexit: Government Response to the Committee’s First Report of Session 2019–21 ↗The government's response, 14 September 2020, parliament.uk

Recommendations and conclusions 12

1. 1
   With less than six months to go, businesses are still in the dark about what... Conclusion · paragraph 8 · addressed to Northern Ireland Office Conclusion (the committee's words)

   With less than six months to go, businesses are still in the dark about what they should be preparing for on 1 January 2021. The situation is now urgent, and the continued lack of detail risks Northern Ireland not being prepared for the new trading arrangements, an outcome which would have significant economic consequences. We remain to be convinced that the Government fully understands that its political approach, apparently informed by limited understanding of how business works, provides neither the clarity nor the detail that Northern Ireland business requires. Political theory cannot trump commercial necessity. We also remain to be convinced that the cumulative impact of Protocol uncertainty, coupled to Covid-19, has been fully reflected upon.
2. 2
   Notwithstanding the convention that Government Departments respond to Select Committee reports within 60 days of... Conclusion · paragraph 11 · addressed to Northern Ireland Office Conclusion (the committee's words)

   Notwithstanding the convention that Government Departments respond to Select Committee reports within 60 days of publication, the existential nature of the matters raised in this report for businesses, compounded by the pressures of Covid–19, merit a response being provided by the end of August.
3. 3
   The Government’s optimistic aspiration to facilitate unfettered access set out in the Command Paper on... Conclusion · paragraph 25 · addressed to Northern Ireland Office Conclusion (the committee's words)

   The Government’s optimistic aspiration to facilitate unfettered access set out in the Command Paper on the revised Northern Ireland Protocol is welcome. The acid test for the Government will be the extent to which it can negotiate the translation of that aspiration into a functional reality.
4. 4
   The Government must set out the parliamentary timetable by which it plans to translate its... Recommendation · paragraph 26 · addressed to Northern Ireland Office Recommendation (the committee's words)

   The Government must set out the parliamentary timetable by which it plans to translate its aspiration to legislate for ‘unfettered access’ into law.
5. 5
   The Government must clarify the process and criteria by which Northern Ireland goods will be... Recommendation · paragraph 27 · addressed to Northern Ireland Office Recommendation (the committee's words)

   The Government must clarify the process and criteria by which Northern Ireland goods will be given qualifying status and so benefit from unfettered access. If the Government’s policy includes the certification of goods by businesses, it must set out what actions businesses will need to take no later than 1 October 2020 to allow businesses time to prepare.
6. 6
   We are concerned that, in spite of the importance and urgency of the work to... Conclusion · paragraph 36 · addressed to Northern Ireland Office Conclusion (the committee's words)

   We are concerned that, in spite of the importance and urgency of the work to be done by the Joint Committee and Specialised Committee in order to implement the Protocol, they have met a combined total of three times.
7. 7
   Both the UK and the EU will need to engage constructively to make the Protocol... Conclusion · paragraph 37 · addressed to Northern Ireland Office Conclusion (the committee's words)

   Both the UK and the EU will need to engage constructively to make the Protocol work. The Protocol was created to address the specific circumstances of Northern Ireland. In line with the Protocol, the Joint Committee should therefore be a problem-solving forum where the best interests of Northern Ireland come first and the operation of the all-island economy is taken into account.
8. 8
   Effective parliamentary scrutiny of decision-making in the Joint Committee and Specialised Committees will require active... Conclusion · paragraph 40 · addressed to Northern Ireland Office Conclusion (the committee's words)

   Effective parliamentary scrutiny of decision-making in the Joint Committee and Specialised Committees will require active facilitation by Government, because the relevant papers and records are not in the public domain.
9. 9
   In consultation with the Liaison Committee, the Government must agree routinely to share the relevant... Recommendation · paragraph 41 · addressed to Northern Ireland Office Recommendation (the committee's words)

   In consultation with the Liaison Committee, the Government must agree routinely to share the relevant agendas, summary minutes and minutes of the Joint Committee and the specialised committees with the appropriate parliamentary Select Committees and Committees of the Northern Ireland Assembly.
10. 10
    The Government must establish a mechanism by which Northern Ireland businesses, representatives, trade unions, academics... Recommendation · paragraph 44 · addressed to Northern Ireland Office Recommendation (the committee's words)

    The Government must establish a mechanism by which Northern Ireland businesses, representatives, trade unions, academics and other interested parties can engage with the Joint Committee, Specialised Committees and the Joint Consultative Working Group.
11. 11
    The Northern Ireland Protocol creates new possibilities of future legal divergence between Northern Ireland and... Conclusion · paragraph 48 · addressed to Northern Ireland Office Conclusion (the committee's words)

    The Northern Ireland Protocol creates new possibilities of future legal divergence between Northern Ireland and Great Britain. The extent of this divergence will depend, in part, on the outcome of talks on the future relationship, and, in part, on future policy decisions taken by the UK Government. Both the UK Parliament and the Northern Ireland Assembly will need to be able to monitor and scrutinise the Protocol beyond the end of the transition period.
12. 12
    The Government must establish mechanisms for the reporting and scrutiny of future regulatory divergence arising... Recommendation · addressed to Northern Ireland Office Recommendation (the committee's words)

    The Government must establish mechanisms for the reporting and scrutiny of future regulatory divergence arising from the Northern Ireland Protocol after the transition period. At a minimum, those mechanisms should include a requirement that all future UK legislation include a Northern Ireland Protocol Impact Statement. This statement should: a) report any interaction between the legislation and the areas of EU law listed in