You may know this:
UK #InternalMarket Bill has arrived @UKHouseofLords.
But prob. no debate til after crunch EU Council, i.e. week after next.
But what you may not know:
It looks quite different to way it did before, inc. *big* amendments to part on N.Ireland #Protocol...
🧐
1/8
UK #InternalMarket Bill has arrived @UKHouseofLords.
But prob. no debate til after crunch EU Council, i.e. week after next.
But what you may not know:
It looks quite different to way it did before, inc. *big* amendments to part on N.Ireland #Protocol...
🧐
1/8
Eagle-eyed viewers among you will have spotted the first change.
The clauses have different numbers #⃣
Part 5 now starts with 42, not 40.
So the contentious clauses (which, "yes, do break international law") are now:
44 [export declns],
45 [state aid]
& 47 [law? schmaw!].
2/8
The clauses have different numbers #⃣
Part 5 now starts with 42, not 40.
So the contentious clauses (which, "yes, do break international law") are now:
44 [export declns],
45 [state aid]
& 47 [law? schmaw!].
2/8
The amendments made in @HouseofCommons (covered here) were proposed by the UK Govt.
Clause 42 (GB to NI) no change.
Clause 43: changes to allow new checks to occur NI to GB for certain purposes.
These amendments allow such checks for
* VAT & Excise
* GB biosecurity
3/8
Clause 42 (GB to NI) no change.
Clause 43: changes to allow new checks to occur NI to GB for certain purposes.
These amendments allow such checks for
* VAT & Excise
* GB biosecurity
3/8
On VAT & Excise, it's making sure a [new kind of] 'check, control or administrative process' can be used for these purposes, e.g. preventing double taxation, collecting duties.
#Protocol sees EU rules on VAT on goods apply in NI but revenue goes to HMRC
Anyway, moving on...
4/8
#Protocol sees EU rules on VAT on goods apply in NI but revenue goes to HMRC
Anyway, moving on...
4/8
On Biosecurity:
Pests and diseases aren't great respecters of #borders, even watery and unfettered ones.
This amendment allows new checks, controls etc. on NI to GB movement of goods in order to deal with a threat to biosecurity in GB, inc (hypothetically) from NI.
🪳🦟🦠
5/8
Pests and diseases aren't great respecters of #borders, even watery and unfettered ones.
This amendment allows new checks, controls etc. on NI to GB movement of goods in order to deal with a threat to biosecurity in GB, inc (hypothetically) from NI.
🪳🦟🦠
5/8
But that isn't even the exciting part!
We come now to clause 47.
The
"Notwithstanding inconsistency or incompatibility with international or other domestic law"
One.
Just take a look at what's new here...
😲
6/8
We come now to clause 47.
The
"Notwithstanding inconsistency or incompatibility with international or other domestic law"
One.
Just take a look at what's new here...
😲
6/8
The amended clause specifies that Section 6(1)* of #HumanRights Act 1998 does not apply in relation to Cl. 44 & 45 (the ones to breach the #Protocol).
That section requires acts of public authorities to be compatible with ECHR rights.
Why explicitly disapply it here?
❓❓
7/8
That section requires acts of public authorities to be compatible with ECHR rights.
Why explicitly disapply it here?
❓❓
7/8
Further, legal routes for questioning the 'validity or lawfulness' of Clauses 44&45 are expressly curtailed in several ways.
All this exacerbates suspicion as to intention/scope of this clause.
⚠️& none of it sits easy with commitments to Human Rights in B/GFA & Protocol⚠️
8/8
All this exacerbates suspicion as to intention/scope of this clause.
⚠️& none of it sits easy with commitments to Human Rights in B/GFA & Protocol⚠️
8/8
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