Appendix 1: Letter from Rt Hon Penny Mordaunt MP, Leader of the House of Commons, and Lord True, Leader of the House to Lord Gardiner of Kimble, Senior Deputy Speaker, 31 January 2024
Section 13C European Union (Withdrawal) Act 2018 (The Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024) Statements
Further to the Command Paper that the Government has laid today on Safeguarding the Union, the Government has also today laid the Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024 (the Regulations) which amend the European Union (Withdrawal) Act 2018 (EU Withdrawal Act) and require the Minister in charge of a Bill to make a written statement about the consistency of that Bill with the UK internal market. In most instances, we would expect this to take the form of a change to the front page of a bill or a paragraph to be included in the Explanatory Notes.
New section 13C of the EU Withdrawal Act states:
13C.— (1) This section applies where a Minister of the Crown in charge of a Bill in either House of Parliament is of the view that the Bill as introduced into that House contains provision which, if enacted, would affect trade between Northern Ireland and other parts of the United Kingdom.
(2) The Minister in charge of the Bill must, before Second Reading of the Bill in the House in question, make—
(a) a statement to the effect that, in the Minister’s view the Bill does not contain provision which, if enacted, would have a significant adverse effect on trade between Northern Ireland and the rest of the United Kingdom, or
(b) a statement to the effect that the Minister is unable to make such a statement but His Majesty’s Government nevertheless wishes the House to proceed with the Bill.
(3) A statement under this section must be in writing and be published in such manner as the Minister considers appropriate.
Therefore, the minister must determine whether the bill contains provisions that affect trade between Northern Ireland and the rest of the UK. If there is, the minister must state that this is so and also state either that the provision(s) will not have a significant adverse effect on such trade or that they are unable to make a statement to such effect but that the Government nevertheless wishes the House to proceed with the bill. This duty applies before Second Reading in either House and does not need to be reconsidered if the bill is amended during passage through the second House.
The statement must be made in writing and in practical terms it is likely to be signed by the minister before the publication of the bill in each House. Where the duty applies, this statement may be recorded on the front of the bill when it is published and reflected in the Explanatory Notes. If the bill in question does not include relevant trade provision, this position may be recorded in the Explanatory Notes.
The duty will extend to primary legislation that has not received a Second Reading in each House before the day the regulations come into force. The duty will not, however, apply to Private Members’ Bills as the section applies to ministers in charge of a bill. For those Bills where the duty applies that are between First and Second Reading at the time the duty comes into force, the minister will make a written ministerial statement.
The measures will not take effect until the day after the Regulations are made and we will update further once the new duty comes into force.
I am copying this letter to the Chairman of the Northern Ireland Affairs Select Committee in the House of Commons.
The Rt Hon Penny Mordaunt MP, Lord President of the Council, Leader of the House of Commons