Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) (No. 2) Regulations 2019 — House of Lords, 2019-05-08
Topic: International Affairs
James Stopford (Conservative, Centre-right): My Lords, I am pleased to be able to open this debate on these regulations, which are made in exercise of the powers conferred by Section 8(1) of the European Union (Withdrawal) Act 2018, and correct errors in an earlier instrument— the Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019. They are an important part of our preparation for a no-deal EU exit The earlier regulations had been debated and approved by both Houses. They amend two retained EU regulations. The first is the dual-use regulation. This controls the export, transfer, brokering and transit of dual-use items. Dual-use items can be goods, software, technology, documents or diagrams that can be used for both civil and military applications. The second is the firearms regulation. This lays down rules on exporting, importing and transporting of firearms and their parts, components and ammunition. These are not military firearms, but the kind used by hunters and sports shooters The error—I must apologise for this—was the removal of annexe IV of the dual-use regulation. Annexe IV establishes authorisation requirements for certain intra-Community transfers. It was deleted because in a no-deal scenario, the UK will not be party to intra-Community transfers. However, annexe IIg of the dual- use regulation relies on the list of goods in annexe IV. This list includes various stealth technologies, crypto- graphic equipment, missile technologies, detonators and chemical weapons, so annexe IV needs to be retained, even if we have no use for authorisation requirements for certain intra-Community transfers These regulations were made on 4 April 2019 using the urgent procedure because of the importance of ensuring that annexe IV was reinstated for a no-deal exit, when exit day was anticipated as 12 April 2019. It had initially been prepared prior to 29 March 2019. Without reinstating annexe IV, existing European Union law would not be effective in UK domestic law on the day we exit the European Union Let me be clear: the error has not caused any harm given that the regulations were due to take effect only in a no-deal scenario. I know that it should not have occurred in the first place, but we spotted it in good time and are taking the necessary steps to rectify it In correcting this, we have also taken the opportunity to make other minor changes. When this House debated the original regulations, my noble friend acknowledged that the Joint Committee on Statutory Instruments had reported the instrument for defective drafting in three respects. My noble friend said that we would correct these errors and we are now doing so. I am grateful to the Joint Committee for pointing out these issues, which we have taken the opportunity to correct By making these regulations, the Department for International Trade will have completed the legislative part of controlling the export of strategic goods in preparation for no deal. If these regulations are no longer required on exit day, we expect to revoke or amend them. Alternatively, commencement could be deferred to the end of the implementation period However, we are acutely aware that the EU can continue to make new and amend existing legislation. While parliamentary deliberations continue about the terms of UK departure, we might have to adapt and amend our regulations to reflect any changes that the EU makes, so the departmental work and commitment to provide detailed advice and guidance about export controls and trade sanctions will continue. I take this opportunity to remind the House that these regulations are solely about ensuring that we have a functioning statute book on exit day in any scenario To conclude, I hope that this House will work in the interests of our nation to ensure the passage of this legislation. It is essential to ensuring that we are prepared for EU exit. I beg to move.