1st Jul 2025 06:51
(Alliance News) - A move to give ministers an emergency power to counter the commercial fallout of EU law post-Brexit suffered a delay after a late-night ambush at Westminster.
Draft regulations enabling the contingency measure on food labelling failed to gain approval after a vote was forced in the Lords, but fewer than 30 members took part.
Under parliamentary rules, the division, which the government won by 17 to nine, majority eight, was judged invalid.
The unexpected vote, called by Northern Ireland peers at around 2230 BST on Monday, caught the government off guard and means the regulations, which might usually be expected to go through on the nod, now need to be brought back for approval on Tuesday.
The rare procedural hold-up comes amid ongoing disquiet over the operation of post-Brexit trading arrangements between Northern Ireland and the rest of the UK and concerns the region continues to follow some EU laws relating to goods.
While a scheme was introduced to ease the flow of trade with the mainland, Brussels requires by law that products going via this route must be labelled "not for EU" to prevent them entering the bloc through the Republic of Ireland.
The marking has been phased in since 2023 but the final stage – and most significant extension of the requirement – is due to be introduced on July 1, covering a wide range of foodstuffs, including fruit, vegetables and fish.
The Department for Environment, Food & Rural Affairs, Defra, has said extra costs of the new labelling for the expanded list of products destined for Northern Ireland may cause some businesses to pull the items for sale in the region, known as delisting, to avoid the additional expense.
The proposed contingency power would allow the Secretary of State to introduce mandatory "not for EU" labelling for specific products on a GB-wide basis if their availability in Northern Ireland is "seriously adversely affected" by the latest change.
The intention is that requiring the stickers for the much larger GB market would incentivise businesses to make the changes necessary for compliance and remove any financial incentives to delist products.
Only recently, the chief executive of Marks and Spencer criticised the extension of the labelling scheme as "bureaucratic madness".
Stuart Machin described "yet another layer of unnecessary costs and red tape for retailers", as he revealed that more than 1,000 M&S products headed for Northern Ireland would have to be badged "Not for EU".
Introducing the regulation that would allow the issuing of labelling notices, environment minister Baroness Hayman of Ullock said: "This instrument will help ensure the security of food supply to Northern Ireland and maintain consumer choice for the people of Northern Ireland.
"The purpose of this legislation is to deliver the UK government's long-standing public commitment to safeguard the supply of retail goods into Northern Ireland and protect the UK internal market, by providing for a contingency power to introduce 'not for EU' labelling in Great Britain if required."
However, non-affiliated peer Kate Hoey, a Northern Irish Brexit supporter and former Labour MP, said: "The feeble regulations before us today – and I really do think they are feeble – seek to address the threat to Northern Ireland's supply chain."
She accused the EU of seeking to "disturb the integrity of a sovereign state in violation of international law by means of cutting it into two" and argued the EU labelling requirement involved the UK "having to engage in an act of national of self-harm by embracing needless additional packaging costs in relation to Northern Ireland that threaten our own supply chains".
Former DUP deputy leader Nigel Dodds said: "Far from the Irish Sea border having disappeared – as some told us, a year or two ago, that it would – or having been diminished or lessened in any way, it is in fact hardening."
Former Ulster Unionist leader Reg Empey said: "We need to inject some common sense and proportion into what is happening.
"The EU has a perfect entitlement to protect its internal market -nobody can deny that – but there has to be proportionality. What we have here is utter nonsense."
By Nick Lester, Chief Lords Reporter
Press Association: News
source: PA
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