Exiting the European Union (Energy Conservation) — House of Commons, 2020-11-18
Topic: International Affairs
Alan Patrick Vincent Whitehead (Labour, Centre-left): The hon. Member quite rightly corrects me; it is substantially shorter than I thought The provisions appear to be consistent with what was there before and what is there for the future, but that does not cover all the issues, important though it is that we get that right. It was not just a question of checking that the original SI had done the job of making the transition safely into UK law. There was a period during which we were effectively bound to EU law, and a number of changes took place that were to be implemented during that period between the passing of the first SI and this SI being introduced. This SI therefore had to do a number of additional things, to incorporate those changes into UK law for future purposes In so doing, a number of issues have arisen, particularly in relation to Northern Ireland. The Northern Ireland protocol comes into question as far as those changes are concerned, as well as how Northern Ireland and Great Britain would be incorporated into the changes for exit on 1 January. The two things that have happened in the intervening period seem to throw up some difficulties, and I would be grateful if the Minister could comment on them The first is that the question of the status of the regulations has arisen as far as Northern Ireland is concerned, because Northern Ireland will now continue to be in the EU regulatory system for the purposes of the two directives and will continue to eco-label on EU badging. That appears to present a problem for the marketing of Northern Ireland-manufactured products in Great Britain. In the SI, those products have effectively been given leave to market in GB on EU labelling and efficiency bases, but with a clear marking of their origin, which is tracked into GB That issue may well have been resolved by this SI, but there also arises a problem the other way round. If goods are being marketed from Northern Ireland with EU eco-labelling on it and are subject to ecodesign regulations, it is important that those labels and the ecodesign standards are compatible within the UK. The UK Government have effectively provided an internal solution to that problem by ensuring that the new regulations on UK eco-labelling apply only to GB and not to Northern Ireland, and what comes in from Northern Ireland can be marketed in Great Britain without further additional labelling However, what about the marketing of Great Britain-manufactured and labelled goods into Northern Ireland? The SI mentions a possible solution to this, which I would like the Minister to comment on. It has been agreed that there should be a mark on the GB certification to allow those goods to be sold in Northern Ireland. I am not clear what that mark is, how it will be distinguished for the purpose of selling in Northern Ireland and how it will differentiate goods that are being sold from the EU in Northern Ireland, as opposed to being sold from Britain. That is particularly important because of goods from the Irish Republic As for the marketing of UK-manufactured goods in the EU, I expect that the UK will have to produce separate agreements on conforming to EU standards to market, and that the existence of a UK mark will not be sufficient to secure marketing arrangements. Can the Minister clarify that position and say whether the eco-labelling UK label will be sufficient for goods that are manufactured in the UK, but marketed in the EU, if those arrangements are in parallel? Would that be acceptable for marketing purposes, or will UK companies have to agree on an additional EU label, over and above the UK label, to secure those marketing opportunities? That is the first additional problem with which we must get to grips In addition, some of the changes in the directives issued between March and January are not due to be implemented until 2021. Although those measures should have passed into UK law between March and January, the UK Government opted not to include them in this SI, because they are not due to be implemented before we have left the EU. We may ask whether that is of any significance. Indeed, there is a question mark in my mind about whether or not it is significant, because one change that was made in the regulations prior to this period, and which therefore should have been implemented but will not come in until 2021, relates to lighting standards. It looks as if those who manufacture lighting products in Northern Ireland will have to apply further changes in lighting standards and eco-labelling in 2021, which will set Northern Ireland at odds with GB standards. As far as the UK is concerned, in Great Britain that element of EU law will not yet have been passed on at all, and it may or may not be in the future What plans does the Minister have subsequently to incorporate those changes into UK law, so that those standards will be the same? He will agree that this is not an academic point. There could be divergence between Northern Ireland and Great Britain on those standards, and that might take us further away from the simple question of putting on a mark, or providing a way leave.