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Government amendment on Irish border passed yesterday will effectively keep UK in single market, MPs claim
Starmer says the government agreed in December that there must be no hard border in Ireland after Brexit, meaning no new infrastructure at the border.
He says one of the government amendments passed yesterday (an amendment to the Chris Patten amendment) now makes this a legally binding obligation. He says this did not get much attention yesteday, but it is hugely significant.
Dominic Grieve, the Conservative pro-European, says the Ireland amendment is even more important. To avoid border infrastructure, there would be to be a high level of regulatory alignment, he says.
Starmer agrees.
Ken Clarke, another Conservative pro-European, intervenes. He says the government passing the amendment that Starmer is talking about was the most significant thing that happened yesterday, even though it did not attract much attention. He goes on:
Effectively we are going to reproduce the customs union and the single market and the government will not be able to comply with yesterday’s legal obligation unless it does so.
Starmer agrees. He says the Irish amendments passed yesterday were the most significant event of the day.
Why Ken Clarke thinks an amendment passed yesterday will effectively keep UK in single market
Earlier several MPs claimed that MPs and the press missed the most significant amendment passed yesterday. (See 1.55pm.) They were referring to amendments passed by the government that altered an amendment passed in the Lords, a Chris Patten amendment saying Brexit policy must not lead to the creation of a hard border in Ireland.
This is what the Patten amendment said:
“Continuation of North-South co-operation and the prevention of new border arrangements
(1) In exercising any of the powers under this Act, a Minister of the Crown or devolved authority must—
(a) act in a way that is compatible with the terms of the Northern Ireland Act 1998, and
(b) have due regard to the joint report from the negotiators of the EU and the United Kingdom Government on progress during phase 1 of negotiations under Article 50 of the Treaty on European Union.
(2) Nothing in section 7, 8, 9 or 17 of this Act authorises regulations which—
(a) diminish any form of North-South cooperation across the full range of political, economic, security, societal and agricultural contexts and frameworks of co-operation, including the continued operation of the North-South implementation bodies, or
(b) create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature—
(i) physical infrastructure, including border posts,
(ii) a requirement for customs or regulatory compliance checks,
(iii) a requirement for security checks,
(iv) random checks on goods vehicles, or
(v) any other checks and controls,
that did not exist before exit day and are not subject to an agreement between Her Majesty’s Government and the Government of Ireland.
Last night, after a debate lasting just 15 minutes, MPs voted for five amendments to this amendment. And then the Patten amendment, as amended was accepted.
Two of the amendments to the amendment passed last night - (d) and (e), set out here on this pages - altered the wording of clause 2b, which refers to border controls.
Taking into account the amendments, clause 2b of the amendment now says:
Nothing in [sections of] this Act authorises regulations which ... create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature physical infrastructure, including border posts, or checks and controls, that did not exist before exit day and are not in accordance with an agreement between the United Kingdom and the EU.
That is the clause in the bill that Ken Clarke thinks will create a legal obligation that will effectively keep the UK in the single market. (See 1.55pm.)
Starmer says the government agreed in December that there must be no hard border in Ireland after Brexit, meaning no new infrastructure at the border.
He says one of the government amendments passed yesterday (an amendment to the Chris Patten amendment) now makes this a legally binding obligation. He says this did not get much attention yesteday, but it is hugely significant.
Dominic Grieve, the Conservative pro-European, says the Ireland amendment is even more important. To avoid border infrastructure, there would be to be a high level of regulatory alignment, he says.
Starmer agrees.
Ken Clarke, another Conservative pro-European, intervenes. He says the government passing the amendment that Starmer is talking about was the most significant thing that happened yesterday, even though it did not attract much attention. He goes on:
Effectively we are going to reproduce the customs union and the single market and the government will not be able to comply with yesterday’s legal obligation unless it does so.
Starmer agrees. He says the Irish amendments passed yesterday were the most significant event of the day.
- Government amendment on Irish border passed yesterday will effectively keep UK in single market, MPs claim.
Why Ken Clarke thinks an amendment passed yesterday will effectively keep UK in single market
Earlier several MPs claimed that MPs and the press missed the most significant amendment passed yesterday. (See 1.55pm.) They were referring to amendments passed by the government that altered an amendment passed in the Lords, a Chris Patten amendment saying Brexit policy must not lead to the creation of a hard border in Ireland.
This is what the Patten amendment said:
“Continuation of North-South co-operation and the prevention of new border arrangements
(1) In exercising any of the powers under this Act, a Minister of the Crown or devolved authority must—
(a) act in a way that is compatible with the terms of the Northern Ireland Act 1998, and
(b) have due regard to the joint report from the negotiators of the EU and the United Kingdom Government on progress during phase 1 of negotiations under Article 50 of the Treaty on European Union.
(2) Nothing in section 7, 8, 9 or 17 of this Act authorises regulations which—
(a) diminish any form of North-South cooperation across the full range of political, economic, security, societal and agricultural contexts and frameworks of co-operation, including the continued operation of the North-South implementation bodies, or
(b) create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature—
(i) physical infrastructure, including border posts,
(ii) a requirement for customs or regulatory compliance checks,
(iii) a requirement for security checks,
(iv) random checks on goods vehicles, or
(v) any other checks and controls,
that did not exist before exit day and are not subject to an agreement between Her Majesty’s Government and the Government of Ireland.
Last night, after a debate lasting just 15 minutes, MPs voted for five amendments to this amendment. And then the Patten amendment, as amended was accepted.
Two of the amendments to the amendment passed last night - (d) and (e), set out here on this pages - altered the wording of clause 2b, which refers to border controls.
Taking into account the amendments, clause 2b of the amendment now says:
Nothing in [sections of] this Act authorises regulations which ... create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature physical infrastructure, including border posts, or checks and controls, that did not exist before exit day and are not in accordance with an agreement between the United Kingdom and the EU.
That is the clause in the bill that Ken Clarke thinks will create a legal obligation that will effectively keep the UK in the single market. (See 1.55pm.)
