To ask the Minister of State at the Cabinet Office (Lord Frost) what is the agenda for the next meeting of the EU–UK Partnership Council, and when that meeting will take place.

To ask the Minister of State at the Cabinet Office (Lord Frost) what is the agenda for the next meeting of the EU–UK Partnership Council, and when that meeting will take place.

To ask the Minister of State at the Cabinet Office (Lord Frost), further to his Written Statement on 9 December (HLWS445), how Her Majesty’s Government will consult Parliament in their reviews of (1) the substance of retained European Union law, and (2) the status of retained European Union law in United Kingdom law.

To ask the Minister of State at the Cabinet Office (Lord Frost), further to his Written Statement on 9 December (HLWS445), how Her Majesty’s Government will consult Parliament in their reviews of (1) the substance of retained European Union law, and (2) the status of retained European Union law in United Kingdom law.

To ask the Minister of State at the Cabinet Office (Lord Frost) what plans Her Majesty’s Government have, if any, to extend easements to border control checks on goods from the European Union on 1 January 2022.

To ask the Minister of State at the Cabinet Office (Lord Frost) what plans Her Majesty’s Government have, if any, to extend easements to border control checks on goods from the European Union on 1 January 2022.

My Lords, we have not yet agreed a date for the next meeting of the Partnership Council. The trade and co-operation agreement requires the council to meet once a year, unless otherwise agreed by the co-chairs. This condition has been met with the Partnership Council’s meeting on 9 June to begin the process of implementing the TCA’s governance structures. All TCA specialised committees are now scheduled to meet before the end of this year.

My Lords, we have not yet agreed a date for the next meeting of the Partnership Council. The trade and co-operation agreement requires the council to meet once a year, unless otherwise agreed by the co-chairs. This condition has been met with the Partnership Council’s meeting on 9 June to begin the process of implementing the TCA’s governance structures. All TCA specialised committees are now scheduled to meet before the end of this year.

My Lords, I very much agree with the thrust of the question of the noble Baroness. I think it is well known that we have wanted to get the Horizon arrangements up and running for some time; it is a matter of great disappointment that we have still not managed to do so. It is not 100% clear why, but that is the situation. However, the good news is that we have now agreed that there will be a meeting of the relevant specialised committee before the end of this year, provisionally on 21 December. I hope that might mark a change in the approach being taken and enable us to move this forward.

My Lords, I very much agree with the thrust of the question of the noble Baroness. I think it is well known that we have wanted to get the Horizon arrangements up and running for some time; it is a matter of great disappointment that we have still not managed to do so. It is not 100% clear why, but that is the situation. However, the good news is that we have now agreed that there will be a meeting of the relevant specialised committee before the end of this year, provisionally on 21 December. I hope that might mark a change in the approach being taken and enable us to move this forward.

My Lords, the noble Earl is right that there is a provision to agree an MoU. Indeed, there were discussions at the start of this year provisionally to agree that text. Those discussions have paused, again for reasons that we are not 100% clear about, although we can speculate. Naturally, we hope it will be possible to pick them up and move this forward, given that, as the noble Earl knows, some of the equivalence decisions are now imminent if not quite yet urgent.

My Lords, the noble Earl is right that there is a provision to agree an MoU. Indeed, there were discussions at the start of this year provisionally to agree that text. Those discussions have paused, again for reasons that we are not 100% clear about, although we can speculate. Naturally, we hope it will be possible to pick them up and move this forward, given that, as the noble Earl knows, some of the equivalence decisions are now imminent if not quite yet urgent.

My Lords, obviously we have inherited the REACH programme in the retained EU law that came on to the statute books and in the TCA. It is something we keep under close review, and it is certainly true that the costs of reregistering through REACH are considerable. We keep under close review the possibilities of trying to streamline and reduce them.

My Lords, obviously we have inherited the REACH programme in the retained EU law that came on to the statute books and in the TCA. It is something we keep under close review, and it is certainly true that the costs of reregistering through REACH are considerable. We keep under close review the possibilities of trying to streamline and reduce them.

My Lords, the Partnership Council is, of course, the highest body of the governance structure created by the TCA, and as such it does not need to meet very frequently. That is why the treaty commitment is to once a year. However, the specialised committees are important and look through the detail, and those have been running since June. As I said, all of those will shortly have met. So the governance structures are working well. We obviously have been giving thought to the agenda of the Partnership Council; it will no doubt take the issues that are of highest priority at that point. We touched on the question of touring artists at the 9 June meeting, and I imagine that we will do so again at the next meeting.

My Lords, the Partnership Council is, of course, the highest body of the governance structure created by the TCA, and as such it does not need to meet very frequently. That is why the treaty commitment is to once a year. However, the specialised committees are important and look through the detail, and those have been running since June. As I said, all of those will shortly have met. So the governance structures are working well. We obviously have been giving thought to the agenda of the Partnership Council; it will no doubt take the issues that are of highest priority at that point. We touched on the question of touring artists at the 9 June meeting, and I imagine that we will do so again at the next meeting.

My Lords, I share the noble Lord’s opinion about France, and it is therefore all the more regrettable that France made threats against us earlier this year as a result of the ongoing disputes on fishing. I am very glad that those threats were withdrawn, and actually we have been able to continue the fishing discussions on a relatively constructive basis and bring them more or less to a conclusion recently. I think those threats would have been a breach of the treaty and therefore would have been something that it would have been necessary to raise at the Partnership Council—but I hope that we will not be in that situation when the Partnership Council meets.

My Lords, I share the noble Lord’s opinion about France, and it is therefore all the more regrettable that France made threats against us earlier this year as a result of the ongoing disputes on fishing. I am very glad that those threats were withdrawn, and actually we have been able to continue the fishing discussions on a relatively constructive basis and bring them more or less to a conclusion recently. I think those threats would have been a breach of the treaty and therefore would have been something that it would have been necessary to raise at the Partnership Council—but I hope that we will not be in that situation when the Partnership Council meets.

My Lords, I of course very much agree with my noble friend’s question, and she is right to refer to the spirit of constructiveness. It is natural that the disputes catch attention, but it is worth dwelling on the fact that a huge amount of business in this very wide-ranging trade and co-operation agreement is carrying on satisfactorily. I hope that the same spirit might be shown in the ongoing discussions on the Northern Ireland protocol, which no doubt we will touch on.

My Lords, I of course very much agree with my noble friend’s question, and she is right to refer to the spirit of constructiveness. It is natural that the disputes catch attention, but it is worth dwelling on the fact that a huge amount of business in this very wide-ranging trade and co-operation agreement is carrying on satisfactorily. I hope that the same spirit might be shown in the ongoing discussions on the Northern Ireland protocol, which no doubt we will touch on.

My Lords, there has been a lot of discussion of my negotiating strategy over the last two and a half years. The fact that we achieved the broadest, most wide-ranging and most comprehensive trade and co-operation agreement ever reached is testimony to my wish to achieve partnership with the EU. On the issue of medicines, we continue to be in discussion with the EU on this subject, and I will talk again to Maroš Šefčovič tomorrow. I am not convinced that we are going to reach agreement on it by the end of the year, but we will try. Of course, it is a national priority that medicines should be available in Northern Ireland, as they are everywhere else in the UK.

My Lords, there has been a lot of discussion of my negotiating strategy over the last two and a half years. The fact that we achieved the broadest, most wide-ranging and most comprehensive trade and co-operation agreement ever reached is testimony to my wish to achieve partnership with the EU. On the issue of medicines, we continue to be in discussion with the EU on this subject, and I will talk again to Maroš Šefčovič tomorrow. I am not convinced that we are going to reach agreement on it by the end of the year, but we will try. Of course, it is a national priority that medicines should be available in Northern Ireland, as they are everywhere else in the UK.

My Lords, the Written Ministerial Statement referred to sets out full details of the two reviews of retained EU law. I and other responsible Ministers are of course ready to engage with Parliament in an appropriate way—for example, directly with this House, with interested Select Committees and with noble and learned Lords who have a particular interest in this question. Of course, we wish to establish proposals

which are likely to be acceptable to the largest possible number of parliamentarians while achieving our policy aims.

My Lords, the Written Ministerial Statement referred to sets out full details of the two reviews of retained EU law. I and other responsible Ministers are of course ready to engage with Parliament in an appropriate way—for example, directly with this House, with interested Select Committees and with noble and learned Lords who have a particular interest in this question. Of course, we wish to establish proposals

which are likely to be acceptable to the largest possible number of parliamentarians while achieving our policy aims.

My Lords, the noble Baroness is of course right in saying that retained EU law was brought on to our statute book for reasons of convenience and a smooth transition. It does not mean that it can never change; indeed, it must change, because that is how we get the benefits of reform and change after leaving the European Union. That is the process we intend to begin. As I have said before, I do not think that it makes sense for rules which never had proper scrutiny in this House to require full dress processes to remove them. The way they were incorporated was not normal in terms of parliamentary procedure, and therefore we should look at other ways of dealing with the consequences.

My Lords, the noble Baroness is of course right in saying that retained EU law was brought on to our statute book for reasons of convenience and a smooth transition. It does not mean that it can never change; indeed, it must change, because that is how we get the benefits of reform and change after leaving the European Union. That is the process we intend to begin. As I have said before, I do not think that it makes sense for rules which never had proper scrutiny in this House to require full dress processes to remove them. The way they were incorporated was not normal in terms of parliamentary procedure, and therefore we should look at other ways of dealing with the consequences.

My Lords, I thank the noble Lord for his good will, and I extend good will to all Members of this House. If I am forced into a false choice, it will be Christmas future, because I believe that our future outside the European Union is a great one. I must say that I have not noticed any difficulty in access to products from the European Union, and our exports to the European Union are continuing well. I am sure we will prosper on that basis.

My Lords, I thank the noble Lord for his good will, and I extend good will to all Members of this House. If I am forced into a false choice, it will be Christmas future, because I believe that our future outside the European Union is a great one. I must say that I have not noticed any difficulty in access to products from the European Union, and our exports to the European Union are continuing well. I am sure we will prosper on that basis.

I very much agree with my noble friend. It is of course a problem that, even though we have agreed new subsidy control provisions in the TCA—and of course we are bringing our own Subsidy Control Bill through Parliament—we are still working with the arrangements that were agreed in 2019 as regards state aid in Northern Ireland. It is excessively complex and difficult for companies in Northern Ireland to deal with these two regimes, and it does not make sense for us not to be able to support businesses in Northern Ireland in the recovery from Covid as we can everywhere else in the UK. I hope we can find solutions as we take forward the discussions on the protocol.

I very much agree with my noble friend. It is of course a problem that, even though we have agreed new subsidy control provisions in the TCA—and of course we are bringing our own Subsidy Control Bill through Parliament—we are still working with the arrangements that were agreed in 2019 as regards state aid in Northern Ireland. It is excessively complex and difficult for companies in Northern Ireland to deal with these two regimes, and it does not make sense for us not to be able to support businesses in Northern Ireland in the recovery from Covid as we can everywhere else in the UK. I hope we can find solutions as we take forward the discussions on the protocol.

My Lords, obviously we are in the middle of a negotiation that continues to cover a wide range of issues, including the democratic deficit that the noble Baroness mentions. Unfortunately, we are not likely to complete those discussions this year; I expect that they will run into next year. However, it would not be a good solution to give the Northern Ireland Assembly or Executive decision-making roles in the European Union. The UK is not a member of the European Union, and therefore it would not be right or appropriate to try to resolve these questions in that way.

My Lords, obviously we are in the middle of a negotiation that continues to cover a wide range of issues, including the democratic deficit that the noble Baroness mentions. Unfortunately, we are not likely to complete those discussions this year; I expect that they will run into next year. However, it would not be a good solution to give the Northern Ireland Assembly or Executive decision-making roles in the European Union. The UK is not a member of the European Union, and therefore it would not be right or appropriate to try to resolve these questions in that way.

My Lords, regulatory freedom is one of the advantages of Brexit, not one of the disadvantages. We now have a choice as to whether we proceed nationally in regulations and standards, if we wish to get ahead of other international bodies and organisations, or whether we wish to track other organisations’ rules. US regulations, European Union

regulations, others’ regulations or national ones may be the best ones for this country in future, but we have the ability to make that choice now, and that is one of the advantages of Brexit.

My Lords, regulatory freedom is one of the advantages of Brexit, not one of the disadvantages. We now have a choice as to whether we proceed nationally in regulations and standards, if we wish to get ahead of other international bodies and organisations, or whether we wish to track other organisations’ rules. US regulations, European Union

regulations, others’ regulations or national ones may be the best ones for this country in future, but we have the ability to make that choice now, and that is one of the advantages of Brexit.

My Lords, I would be very happy to publish such an organogram—I think we will need an A2 or maybe an A1 piece of paper to get it all on. But it is still a lot less complicated than it was when we were a member of the European Union, and the arrangements still fit within the norms of a trade agreement. I appreciate that they are complex, and I am happy to try to make that as clear as we can in public.

My Lords, I would be very happy to publish such an organogram—I think we will need an A2 or maybe an A1 piece of paper to get it all on. But it is still a lot less complicated than it was when we were a member of the European Union, and the arrangements still fit within the norms of a trade agreement. I appreciate that they are complex, and I am happy to try to make that as clear as we can in public.

The noble Lord makes an extremely good point. It is obviously possible and has been the case for a regulation with direct effect to be agreed in Brussels, perhaps despite us having voted against it, and for that regulation then to become the law of this country without further ado, despite the best efforts of the scrutiny committees in both this House and the other place. There is no ability to amend such rules. It is right in a democracy that Parliament should be able to set the rules by which we live, and that is a principle that we will try to take forward.

The noble Lord makes an extremely good point. It is obviously possible and has been the case for a regulation with direct effect to be agreed in Brussels, perhaps despite us having voted against it, and for that regulation then to become the law of this country without further ado, despite the best efforts of the scrutiny committees in both this House and the other place. There is no ability to amend such rules. It is right in a democracy that Parliament should be able to set the rules by which we live, and that is a principle that we will try to take forward.

My Lords, the Government are fully prepared for the introduction of border import controls and, as

previously announced, will introduce these controls on 1 January for EU goods coming from mainland Europe. However, in order to create the best possible environment for negotiations on the protocol and to avoid complexity and uncertainty, I announced yesterday, on 15 December, that the current arrangements for goods coming from the island of Ireland will be extended on a provisional basis.

My Lords, the Government are fully prepared for the introduction of border import controls and, as

previously announced, will introduce these controls on 1 January for EU goods coming from mainland Europe. However, in order to create the best possible environment for negotiations on the protocol and to avoid complexity and uncertainty, I announced yesterday, on 15 December, that the current arrangements for goods coming from the island of Ireland will be extended on a provisional basis.