Constitution Secretary said Bill threatens vital laws
The UK Government should withdraw the Retained EU Law (Revocation and Reform) Bill after MSPs voted to withhold the consent of the Scottish Parliament, according to the Constitution Secretary Angus Robertson.
Speaking during a debate in the Scottish Parliament, Mr Robertson said the Bill, which is currently in the House of Lords, threatens vital regulations in the environment, food standards and employment sectors and must now be withdrawn.
With MSPs refusing to provide legislative consent, Mr Robertson said the reaction of UK Ministers would be a key test of whether or not it plans to continue to ignore or override the views of the Scottish Parliament.
If the Bill is not withdrawn, the Scottish Government has published updated amendments to lessen the impact of the Bill.
Constitution Secretary Angus Robertson said: “The Scottish Government and a number of key organisations across a range of sectors have many concerns about the Bill and we have repeatedly called on the UK Government to withdraw it.
“Firstly, it risks deregulation and threatens the high standards the people of Scotland experienced and benefited from as an EU member state for over 47 years. Secondly, the Bill includes powers for UK Ministers to act in areas of devolved responsibility without the consent of Scottish Ministers or this Parliament.
“This is clearly unacceptable and how the UK Government reacts will be a key test of whether or not they intend to continue to ride roughshod over devolution. Thirdly, the Bill includes a ‘cliff-edge’ sunset provision, which could see thousands of laws wiped overnight.
“I am pleased colleagues across the Scottish Parliament have voted to withhold consent for the Bill and I urge the UK Government to scrap it entirely. If the UK Government are intent on a race to the bottom that will impact standards across the UK, we have published a series of updated amendments to the Bill to mitigate the worst of its impacts.”
New legislation to prevent the chasing and killing of wild mammals for sport has been passed by the Scottish Parliament.
The Scottish Government’s Hunting with Dogs Bill will close loopholes in existing laws that have allowed the practice of illegal hunting to continue. A new two dog limit for all use of dogs in the course of hunting will be introduced, as well as a ban on the practice of trail hunting.
The Bill also establishes a new licencing scheme to allow the use of more than two dogs in certain limited circumstances. This is to provide farmers and land managers access to appropriate and humane control measures, where necessary.
Environment Minister Mairi McAllan said: “This Bill represents a significant step forward in protecting Scotland’s wildlife from the cruel and senseless practice of illegal hunting,
“I am pleased that the Parliament has agreed on a new law which will close the door on the illegal chasing and killing of mammals once and for all.
“I’d like to thank everyone who responded to our public consultations and interested groups for their valuable input throughout this process.
“I believe that this new legislation has struck the right balance between ensuring Scotland pursues the highest possible animal welfare standards, while recognising the need for farmers, land managers and environmental organisations to undertake legitimate wildlife management.”
The vote was passed by 90 for and 30 against, with no abstentions.
The new legislation was introduced last year, two decades after a failed attempt by the Scottish Parliament to ban hunting with the Protection of Wild Mammals (Scotland) Act, back in 2002.
The new Bill will bring into force a number of measures which significantly curtail mounted hunting activity, including reducing the number of dogs which can be used to hunt a wild mammal to just two, instead of a full pack, and reducing the number of dogs which can be used below ground to just one.
The Bill also includes a preemptive ban on trail hunting. Trail hunting is a sport which was created after hunting was banned in England and Wales following the passing of the Hunting Act in 2004. Its inclusion in the Bill means trail hunting can not be established north of the border.
The League Against Cruel Sports Scotland, has welcomed the new legislation. Director Robbie Marsland said: “As of today, Scotland has the most robust law anywhere in the UK to prevent the cruelty of chasing and killing wild mammals for sport – and this is something to celebrate.
“Despite a persistent campaign from those resolute to keep hunting alive in the Scottish countryside, the Scottish Government has been determined to end the sport of hunting, a sentiment which has today been supported by the Parliament.
“The passing of the Hunting with Dogs (Scotland) Bill now provides an opportunity to right the wrongs of the last two decades and close the loopholes which allowed hunters to continue with hunting as though the law didn’t exist.
“The inclusion of a ban on trail hunting is a significant victory for Scotland, meaning hunts will not be able to use this so-called sport as a smokescreen for traditional hunting.”
The new Bill also includes a licensing system which will allow for a full pack of hounds to be used in certain circumstances. The detail of the scheme has yet to be developed but animal welfare campaigners have concerns this has the potential to be exploited.
Robbie Marslandadded: “After twenty years of flawed legislation it is critical that this Bill is not simply a way of creating new loopholes for hunters to exploit, and the League is yet to be convinced the licensing scheme won’t do this.
“Despite the best of intentions to ban hunting, the determination and deep rooted defiance among those who wish to chase and kill foxes should not be underestimated. The League will work closely with Nature Scot and other stakeholders to ensure the licensing system is robust, effective and fit for purpose.”
Commenting from Holyrood, Scottish Countryside Alliance Director Jake Swindells said: “Whilst it is frustrating that so much time and resource has been wasted on this Bill, the licensing scheme is, at least, an explicit acceptance by the Scottish Government that the use of packs of dogs in wildlife management is effective and necessary.”
The Hunting with Dogs Bill is expected to receive royal assent in the next few weeks and come into force in the autumn.
The UK government is attempting to rush through Parliament new laws that could undermine workers’ ability to take strike action to defend their pay and conditions.
It allows Ministers to write regulations in any services within six sectors (health, education, fire and rescue, border force, nuclear decommissioning and transport) that will force workers to work during strike action.
Employers will then issue work notices naming who has to work and what they must do.
Workers could be sacked and unions face huge damages if they fail to comply.
First in the firing line will be ambulance, fire and rail workers, with the government seeking to ram through new rules by the summer.
The TUC believes this new law is undemocratic by forcing workers to cross picket lines even if they have voted to strike in a legal ballot.
It is counter-productive: the government’s own analysis has warned that it could lead to more strikes.
And it ignores the steps that workers already take to ensure that life-and-limb cover is in place during industrial action.
Workers could be sacked
Workers could now be sacked for taking strike action that has been agreed in a democratic ballot.
If a person specified in their employer’s work notice continues to take strike action despite being required to work during the strike, they will lose their protection from automatic unfair dismissal.
This currently applies for first 12 weeks of a strike.
This is a gross infringement of individuals’ freedom.
It is also a U-turn on ministers’ initial pledge was to protect individuals from penalties.
The significant risk of dismissal for workers who speak up about their pay and conditions will do nothing to resolve staffing shortages in public services.
Unions might have to pay large damages
The Bill says a union must take “reasonable steps” to ensure that all its members identified in the work notice do not take part in the strike action.
If it doesn’t it could union could face an injunction to stop the strike or have to pay huge damages. These costs come out of members’ subs.
The cap for damages was last year raised to £1 million.
The legislation doesn’t say what a “reasonable step” constitutes leaving trade unions uncertain of their responsibilities.
The TUC also believes that forcing unions to send their members across picket lines is a significant infringement of their freedoms
Probably against international law
Ministers claim they are following similar systems in France, Spain and Italy.
But European unions disagree.
The European Trades Union Congress says: “The UK already has among the most draconian restrictions on the right to strike in Europe, and the UK government’s plans would push it even further away from normal, democratic practice across Europe.”
You can’t legislate away dissatisfaction
Workers taking industrial action today have endured the longest wage squeeze since Napoleonic times.
Workers in the public sector have seen their wages fall much further behind those of other workers: public sector pay rises are currently running at less than half the rate of those in the private sector.
For example, in the NHS nurses are earning £5,000 a year less in real terms than they were in 2010. For midwives and paramedics this rises to over £6,000.
This Bill will do nothing to help those workers, or to resolve current industrial disputes.
And it will do nothing to support those using public services, who are seeing the consequences of a decade of austerity.
LIBERTY: ‘This latest attack on our rights must be resisted.’
Prime Minister Rishi Sunak is ‘backing the police’ to clamp down on highly disruptive and dangerous protests, under plans announced today.
Through an amendment tabled to the Public Order Bill, the Government will broaden the legal definition of ‘serious disruption’, giving police greater flexibility and clarity over when to intervene to stop the disruptive minority who use tactics such as blocking roads and slow marching to inflict misery on the public.
While the Government has already given police additional powers to prevent protestors using guerrilla tactics, police chiefs have told the Prime Minister that there is some uncertainty over what reaches the threshold of ‘serious disruption’.
The changes introduced today will give police officers absolute clarity over when they should step in. In practice, this will mean:
police will not need to wait for disruption to take place and can shut protests down before chaos erupts
police will not need to treat a series of protests by the same group as standalone incidents but will be able to consider their total impact
police will be able to consider long-running campaigns designed to cause repeat disruption over a period of days or weeks
Prime Minister Rishi Sunak said: “The right to protest is a fundamental principle of our democracy, but this is not absolute. A balance must be struck between the rights of individuals and the rights of the hard-working majority to go about their day-to-day business.
“We cannot have protests conducted by a small minority disrupting the lives of the ordinary public. It’s not acceptable and we’re going to bring it to an end.
“The police asked us for more clarity to crack down on these guerrilla tactics, and we have listened.”
Commissioner of the Metropolitan Police Service, Sir Mark Rowley said: “The Met has a long history of policing protests, responding quickly and effectively to incidents involving crime and where serious disruption is caused, often in challenging situations. We have specialist officers trained to deal with a range of tactics, but this is complex, time-consuming work.
“It is clearly understood that everybody has the right to protest. Increasingly however police are getting drawn into complex legal arguments about the balance between that right to protest and the rights of others to go about their daily lives free from serious disruption. The lack of clarity in the legislation and the increasing complexity of the case law is making this more difficult and more contested.
“It is for Parliament to decide the law, and along with other police chiefs, I made the case for a clearer legal framework in relation to protest, obstruction and public nuisance laws. We have not sought any new powers to curtail or constrain protest, but have asked for legal clarity about where the balance of rights should be struck.
“I welcome the government’s proposal to introduce a legal definition of “serious disruption” and “reasonable excuse”. In practical terms, Parliament providing such clarity will create a clearer line for the police to enforce when protests impact upon others who simply wish to go about their lawful business.”
National Police Chiefs’ Council Lead for Public Order and Public Safety, Chief Constable BJ Harrington, said: ““We welcome the constructive conversations with government over more clearly defining serious disruption.This will support officers in confidently and quickly taking action and making arrests where appropriate.
“Policing is not anti-protest, but there is a difference between protest and criminal activism, and we are committed to responding quickly and effectively to activists who deliberately disrupt people’s lives through dangerous, reckless, and criminal acts.
“Police have a responsibility to appropriately balance the rights of the public who are going about their daily business lawfully and the rights of those protesting.”
The College of Policing have confirmed today that they will produce guidance outlining the additional powers given to officers over the last year.
National Highways is also reviewing its guidance, taking learnings from previous protests to ensure that roads are reopened as quickly as it is safe to do so.
Today’s announcement is the latest step in the UK Government’s continued commitment to tackle the highly disruptive protests that the British public have been increasingly subjected to over the last few years’.
Through the Police, Crime, Sentencing and Courts Act, the Government introduced a statutory offence of public nuisance and created powers for the police to place conditions on unjustifiably noisy protests and increased the sentences for obstructing the highway.
Measures already announced in the Public Order Bill include creating a new criminal offence for interfering with key national infrastructure and for ‘locking-on’.
The Prime Minister also sat down with the Home Secretary and police chiefs in December to give a clear message that the Government expects protesters who disrupt the lives of others to be swiftly removed and arrested.
LIBERTY:PROPOSED NEW POLICE POWERS TO ARREST PROTESTERS BEFORE DISRUPTION BEGINS MUST BE RESISTED
Responding to news that the Government have introduced an amendment to the Public Order Bill that will give police new powers to arrest protesters on the chance that they intend to cause serious disruption, Director of Liberty Martha Spurrier said: “Protest is a fundamental right, not a gift from the State. But our right to protest continues to be attacked by a Government determined to silence people and hide from accountability.
“These new proposals should be seen for what they are: a desperate attempt to shut down any route for ordinary people to make their voices heard. Allowing the police to shut down protests before any disruption has taken place simply on the off-chance that it might sets a dangerous precedent, not to mention making the job of officers policing protests much more complex.
“From championing refugee rights to raising the alarm on the cost-of-living crisis, striking for workers’ rights, and fighting for racial and climate justice, protest today remains a crucial way for people to hold the Government to account. This latest attack on our rights must be resisted.”
Children have more access to screen time than ever before, in particular, access to the internet.
Internet safety has become an increasingly worrying problem amongst parents, however internet expert Allison Troutner from VPNOverview.com has listed the best ways to keep your child safe online.
1. Consider a family ‘tech agreement’
One way to set ground rules with your child is to create a Family Tech Agreement. A family tech agreement answers as many questions as possible about internet and device use so boundaries are clear to all family members. It’s a good way for the whole family to talk about safe and responsible online behaviours.
To create a family agreement, discuss topics like:
What apps, games, or sites does the family use most?
What rules do we want to include in our agreement?
How long should we spend on our devices?
What information is safe to share (or not)?
What do we do if we see something inappropriate?
What email address do we use to sign up for accounts?
Do we know how to use in-app safety features like blocking and reporting?
Who can we talk to if we feel uncomfortable with something online?
Who is safe to talk to?
What happens when someone breaks the agreement?
When might parents be forced to break the agreement for safety?
This is a starting point: your family may discuss more topics on internet safety for kids depending on the ages of your child or teens and what devices you use.
2. Report any harmful content that you see
Flag or report all harmful content or contact you or your child experiences using social media apps using in-app reporting features. For cybercrimes, cyberbullying, or harmful content, use in-app features like Twitter’s safe mode to report it. Most social media companies have their own safety and privacy policies and will investigate and block content or users. Apps geared towards kids, like Facebook Messenger Kids, have clear guidelines and safety features so that users can block content or contacts and have a safer experience in the app.
3. Balance safety with independence
Technical controls can be a useful way to protect your children online but they can’t solve all your problems. Children need a certain amount of freedom and privacy to develop healthily. They need their own free space to learn by trial and error what works and what doesn’t. So keep balancing, it’s part of it. Having open and honest conversations with your children can be the best way to balance this safety.
4. Keep the computer in a common space
If possible, keep computers and devices in a common space so you can keep an eye on activity. It prevents children from doing things that might be risky. Also, if harmful or inappropriate content appears through messages, you can address it with your child straight away.
5. Password-protect all accounts and devices
From phones to computers to apps, put a password on it. That way, no one without the password can access you or your child’s device. Keep track of passwords by using a password manager.
6. Update your operating systems regularly
All of your devices from mobile phones or tablets to computers and smartwatches receive important updates in response to security issues on a regular basis. Be sure to install them regularly so you have the most up-to-date security fixes and remain safe online. Our recommendation is to set updates to install automatically so your device is less vulnerable to known attacks. Usually, you can find this feature in Settings, then select Automatic Updates, but it varies between devices.
7. Install security or antivirus software programs and a VPN on your computer
Additionally, cybersecurity or antivirus software programs prevent spyware or viruses that may harm your computer if your child visits a malicious site. Using these programs, parents can also set up regular virus checks and deep system scans to make sure there is no harmful activity happening under your nose.
A VPN hides users’ internet activity from snoops and spoofs your location. This protects your kids by making sure hackers or predators can’t detect their actual location. You can install a VPN on your router so that the location is spoofed on all connected devices.
8. Set parental controls
It may seem obvious, but parental controls are crucial to your child’s safety online. Parent controls are built-in features included on devices and apps. With these features, parents customise their child’s online experience. What parental controls are available on each device or app varies, but in general, they limit screen time, restrict content, and enhance user privacy.
Features of parental controls:
Limit screen time.
Turn off in-app purchasing.
Prevent inappropriate or mature content.
Limit website access.
Play, message, or send/receive content with approved contacts only.
Monitor device location through GPS.
Take time to look at what parental controls are available on your child’s commonly used apps. Then, set them to reflect the type of experience you think is best for your child or teen’s online safety.
IET raises concerns Online Safety Bill ‘does not go far enough’
A joint comment from Catherine Allen, co-author of the IET’s Safeguarding the metaverse report and member of the IET’s Digital Policy Panel, and child safety advocate and IET Honorary Fellow, Carol Vorderman M.A.(Cantab) MBE:
“Today’s harrowing verdict in the Molly Russell case has once again highlighted the urgent need for policy makers to take emerging technologies that pose a serious safety risk to individuals, most notably children, seriously. It is vital legislation within the new Online Safety Bill fully protects children from online harms, particularly unregulated content. It currently does not go far enough and this is dangerous.
“We’ve already had a delay in legislation, now it seems aspects of the Bill relating to children will remain untouched. The rapid speed in which online platforms evolve, such as experiential environments accessed via virtual and augmented reality, mean new threats emerge daily. There is currently no provision within the Bill for safeguarding online users in ‘live’ scenarios where they can fully interact with strangers.
“Whether it is social media, a virtual reality headset or a metaverse gaming platform, politicians must avoid trivialising or feeling mystified by new technology platforms. Yes, there are complex factors to consider, like protecting our existing rights to freedom of expression, but that doesn’t mean we can delay addressing underlying problems.
“We must fully safeguard the metaverse, and protect individuals online.”
Today, Thursday 8th September, Liam McArthur MSP for Orkney will lodge a final proposal in the Scottish Parliament for his Members Bill ‘Assisted Dying for Terminally Ill Adults (Scotland)’.
The report analysing the responses to the public consultation on the bill’s proposals will also be published. The proposals received the highest number of responses to date for a consultation on a Members Bill in the Scottish Parliament with 14,038 valid consultation responses submitted.
The report’s findings show:
• A clear majority of respondents, 76%, were fully supportive of the proposal, with a further 2% partially supportive.
• Many respondents have first-hand experiences of witnessing family, friends and patients with a terminal illness who had experienced great pain and suffered what was often described as a “bad death”.
• Many supportive respondents believe the proposal is an improvement on previous attempts to legislate for assisted dying and are fully satisfied with the proposed criteria – that the right to an assisted death should be available for competent terminally ill adults with a clear and appropriate set of safeguards built in to every step of the process, together with a right for health professionals involved to conscientiously object.
Ally Thomson, Director of Dignity in Dying Scotland said: “The overwhelming majority of people in Scotland support a change in the law and now MSPs have the opportunity to respond to this unprecedented call for change and deliver a safe and compassionate new law.
“That so many people across the country have recounted their personal experience of watching a loved one suffer shows the current blanket ban on assisted dying does not work, instead it creates heartache and injustice for so many families. An injustice that can now be put right.”
“Taken alongside the responses from dying people who wish to have the choice of an assisted death available to them, as well as the evidence from other countries where they would already have this option, it is clear that the case for change is compelling.”
“Liam McArthur MSP today is lodging the Final Proposal for his Members Bill on Assisted Dying for Terminally Ill Adults. I urge MSPs to sign these proposals so that Scotland can move forward progressively by providing our dying citizens with what they need – excellent care and the choice of an assisted death for those who need it.”
Planning permission required for Edinburgh’s short-term let conversions
A measure to help maintain the availability of long-term residential housing in Edinburgh has been approved.
Edinburgh will become Scotland’s first designated Short-Term Let Control Area after the Scottish Government approved the City of Edinburgh Council’s proposed change to planning requirements.
The control area is intended to preserve the character of neighbourhoods, prevent short-term lets in inappropriate places or types of building, and help ensure homes are used to their best effect. With a few exceptions, changing the use of an entire residential home in the city to short-term letting will automatically require planning permission.
Housing Secretary Shona Robison said: “Edinburgh was the first local authority in Scotland to propose a Short-Term Let Control Area and Scottish Government approval represents a major step forward.
“We have committed to give local authorities the powers to address concerns about the impact of commercial short-term letting in their communities, should they want to do that. This is an example of that local choice in action – supported by the majority of respondents to the council’s consultation on the proposed designation.
“I recognise the important role which short-term lets play as a source of flexible and responsive accommodation for tourists and workers, which brings many benefits to hosts, visitors and our economy. However, we know that in certain areas, particularly tourist hot spots, high numbers of lets can cause problems for neighbours and make it harder for people to find homes to live in.
“The Scottish Government considers that the council has adequately considered and responded to concerns raised before seeking approval of the control area designation. We have concluded that the proposed designation would be reasonable.”
Leith MSP Ben McPherson said: “As a constituency MSP, after being part of an Edinburgh SNP team who have pushed for action on this for some time, I’m pleased that today it has been confirmed by The Scottish Government that Edinburgh will become Scotland’s first designated Short-Term Let Control Area.
“Planning permission will be required for Edinburgh’s short-term let conversions. This measure will help maintain the availability of long-term residential housing in Edinburgh.”
City Council Leader Cammy Day said: “This is the news we have been waiting for after leading the way in campaigning for change. I am delighted that Ministers have answered our calls and we look forward to reviewing the full details included in the decision released today.
“It paves the way for Edinburgh becoming the first short-term let control area in Scotland. For far too long, too many homes have been lost in our city to the holiday market. In fact, around a third of all short term lets in Scotland are here in the Capital, so their associated issues of safety, anti-social behaviour and noise have a detrimental effect on many of our residents. We will now progress implementing the changes and the next step should be looking at whether we can apply a cap on numbers, too.”
The control area covers the entire City of Edinburgh Council area. Where a dwellinghouse is in a control area, a change of use to secondary letting will always require planning permission unless the exceptions set out in legislation apply.
Where the change of a dwellinghouse to a short-term let took place before the designation of the control area the existing planning rules will apply. These require planning permission for a change of use of property where that change is a material change in the use of the property.
UKGovernment backs new reforms making it unlawful for employers to withhold tips from staff
New legislation to make it unlawful for employers to withhold tips from staff
it means customers will know for certain that all tips will go to hard-working employees, who will take home more money
the Tipping Bill will benefit more than 2 million workers and, for the first time, will give them the right to see an employer’s tipping record
Millions of UK workers will be able take home more of their hard-earned cash under new legislation, backed by the government yesterday, banning employers from withholding tips from their staff.
Despite most hospitality workers – many of whom are earning the National Minimum Wage – relying on tips to top up their pay, there are still sadly too many businesses who shamefully fail to pass on service charges from customers to their staff.
The Employment (Allocation of Tips) Bill, introduced by Dean Russell MP and backed by the government, will ensure that all tips go to staff by making it unlawful for businesses to hold back well-earned service charges from their employees.
This overhaul of tipping practices is set to benefit more than 2 million UK workers across the hospitality, leisure and services sectors – who tend to reply on tips the most – and will help to ease pressures caused by global inflation and an increase to the cost of living.
Business Minister Jane Huntsaid: “At a time when people are feeling the squeeze with rising costs, it is simply not right that employers are withholding tips from their hard-working employees.
“Whether you are pulling pints or greeting guests, today’s reforms will ensure that staff receive a fair day’s pay for a fair day’s work – and it means customers can be confident their money is going to those who deserve it.
“I particularly want to tip my hat to the work of Dean Russell MP and all the campaigners who have helped make the Tipping Bill a reality.”
Through the Bill, a new statutory Code of Practice will be developed to provide businesses and staff with advice on how tips should be distributed. On top of this, workers will receive a new right to request more information relating to an employer’s tipping record, enabling them to bring forward a credible claim to an employment tribunal.
Dean Russell, Conservative MP for Watford, said: “I am delighted that my Tips Bill has passed second reading in Parliament. It is fantastic that we are on track to securing a fair deal for millions of people working in hospitality across the country.
“It has always felt wrong that some employers have retained tips intended for their staff. This new legislation will halt this practice, particularly given the current challenges around the cost of living. I would like to thank all of the businesses and stakeholders that have got in touch to voice their support.”
The move towards a cashless society has exacerbated the problem of companies keeping card tip payments for themselves, and today’s measures, once in law, will ban that practice.
UK Hospitality Chief Executive, Kate Nicholls, said: “Tips and service charges provide a significant and welcome boost to hospitality employees’ take-home cash. So we’re delighted to see this proposed legislation recommend that employers can set a fair distribution policy for staff, meaning they all benefit.
“This should also reassure prospective hospitality sector workers at a time when the industry is seeking to fill vacancies.”
The reforms follow a range of UK Government action to support people with the cost of living and help those on lower incomes keep more of what they earn.
Most notably, earlier this year the government increased the National Living Wage to £9.50 per hour – equivalent to an extra £1,000 a year for a full-time worker – with a full campaign which encouraged workers to check their pay.
In addition, the government recently announced a widening of the ban on exclusivity clauses, giving the lowest paid workers flexibility to top up their pay and work multiple jobs if they wish.
The government helpfully adds: ‘reforms come at a time when there are more employees on payrolls than ever before – and unemployment has reached an all-time low’.
bill ‘ensures the delicate balance of the Belfast (Good Friday) Agreement is protected in all its dimensions and provides robust safeguards for the EU single market‘
introduces durable solutions to fix the four key issues with the Protocol
legislation will remove unnecessary costs and paperwork for businesses
The government has introduced legislation to fix parts of the Northern Ireland Protocol – making the changes necessary to restore stability and ensure the delicate balance of the Belfast (Good Friday) Agreement is protected.
The Northern Ireland Protocol Bill will allow the government to address the practical problems the Protocol has created in Northern Ireland in 4 key areas: burdensome customs processes, inflexible regulation, tax and spend discrepancies and democratic governance issues.
These problems include disruption and diversion of trade and significant costs and bureaucracy for business. They are undermining all 3 strands of the Belfast (Good Friday) Agreement and have led to the collapse of the power-sharing arrangements at Stormont. The UK government is committed to seeing these institutions back up and running so that they can deliver for the people of Northern Ireland.
Following 18 months of discussions with the EU, the UK’s preference remains for a negotiated solution to fix these problems which are baked into the Protocol. But the EU must be willing to change the Protocol itself. Ministers believe that the serious situation in Northern Ireland means they cannot afford to delay.
Foreign Secretary Liz Truss said: “This Bill will uphold the Belfast (Good Friday) Agreement and support political stability in Northern Ireland. It will end the untenable situation where people in Northern Ireland are treated differently to the rest of the United Kingdom, protect the supremacy of our courts and our territorial integrity.
“This is a reasonable, practical solution to the problems facing Northern Ireland. It will safeguard the EU Single Market and ensure there is no hard border on the island of Ireland.
“We are ready to deliver this through talks with the EU. But we can only make progress through negotiations if the EU are willing to change the Protocol itself – at the moment they aren’t. In the meantime the serious situation in Northern Ireland means we cannot afford to allow the situation to drift.
“As the government of the whole United Kingdom, it is our duty to take the necessary steps to preserve peace and stability.”
The legislation enables the government to bring forward durable solutions in each of the 4 key areas. The solutions are:
green and red channels to remove unnecessary costs and paperwork for businesses trading within the UK, while ensuring full checks are done for goods entering the EU
businesses to have the choice of placing goods on the market in Northern Ireland according to either UK or EU goods rules, to ensure that Northern Ireland consumers are not prevented from buying UK standard goods, including as UK and EU regulations diverge over time
ensure Northern Ireland can benefit from the same tax breaks and spending policies as the rest of the UK, including VAT cuts on energy-saving materials and Covid recovery loans
normalise governance arrangements so that disputes are resolved by independent arbitration and not by the European Court of Justice
These changes are designed to protect all 3 strands of the Belfast (Good Friday) Agreement, including North-South cooperation, and support stability and power-sharing in Northern Ireland.
They will provide robust safeguards for the EU Single Market, underpinned by a Trusted Trader scheme and real-time data sharing to give the EU confidence that goods intended for Northern Ireland are not entering its market. The legislation also ensures goods moving between Great Britain and the EU are subject to EU checks and customs controls.
The UK’s proposals protect the elements of the Protocol that are working, such as the Common Travel Area. It also contains a provision for it to be replaced by a negotiated settlement, if one is agreed with the EU.
It is consistent with international law and further information on the government’s legal position has been published today.
The UK has engaged extensively with the EU to resolve the problems with the Northern Ireland Protocol over the past 18 months. In the recent intensive discussions between October and March, the negotiating team held more than 300 hours of official and ministerial discussions and spent hundreds more examining the EU’s non-papers in detail.
However, it has become clear the EU proposals don’t address the core problems created by the Protocol. They would be worse than the status quo, requiring more paperwork and checks than today. The EU have said they will not allow changes to the Protocol within its current negotiating mandate.
Scottish Ministers are calling on the UK Government to withdraw legislation aiming to abandon parts of the Northern Ireland Protocol negotiated with the European Union.
Following the publication of the legislation, External Affairs Secretary Angus Robertson has reiterated the danger that disregarding parts of the UK-EU Withdrawal Agreement could lead to a trade war when the UK is already close to recession and in the middle of a cost of living crisis.
Mr Robertson said: “It is extremely reckless and frustrating that the UK Government has decided to bring forward this legislation. The UK Government has deliberately set itself on an entirely avoidable collision course with the EU.
“Brexit is forecast to cause more harm to the economy than COVID, and this action by the UK Government could trigger significant additional damage to our economy when we are already facing the worst cost of living crisis seen for decades.
“Scotland has direct interests at stake in the Protocol, particularly in trade and border control, and yet the UK Government has shown no willingness to engage us on these issues. It is also directly impacting other Scottish interests, such as participation in the flagship Horizon Europe research programme.
“We have repeatedly called for the UK Government to step back from this confrontational approach and focus instead on dialogue with our European partners, who stand willing to work in partnership to find a negotiated solution. Those calls have also been ignored.
“We urge the UK Government to return to the negotiating table and withdraw this Bill. It is inconceivable to think that the Scottish Government would recommend legislative consent for a bill that would negatively impact Scotland’s economy, that could be deemed to break international law and could risk sparking a trade war with our fellow Europeans, which is in no one’s interests.”
The TUC and NIC-ICTU yesterday issued a joint statement to condemn the UK government’s “reckless” decision to unilaterally suspend its obligations under the Northern Ireland Protocol.
The union federations warn the decision will threaten the peace process in Northern Ireland and lead to a potentially damaging trade war.
Commenting on the new legislation, TUC General Secretary Frances O’Grady said: “It says everything about ministers’ warped priorities that in the middle of a cost-of-living emergency, they announce legislation that could provoke a trade war and cause prices to skyrocket further.
“Working people must not pay the price for this reckless move.
“The government must drop this bill, honour the agreement they signed up to and put practical solutions ahead of posturing.
“Ministers need to get back around the table with the EU as soon as possible and come to an agreement that protects jobs, rights and the Good Friday Agreement.
“The government must show that it respects international agreements to repair its now-trashed reputation as a trading partner.”
ICTU Assistant General Secretary Owen Reidy said: “We all accept that there are practical issues with the protocol that must be addressed in the interests of all of the people of Northern Ireland.
However, the only credible way to do this is for the UK government to start to engage with the EU in good faith, as opposed to taking unilateral action which makes an agreement on the implementation of any protocol more challenging and difficult.”
The full joint statement from the TUC and NIC-ICTU reads:
We are deeply concerned that the UK government has stated an intention to unilaterally suspend its obligations under the Northern Ireland Protocol.
Trade unions played a critical role in the development of the Good Friday Agreement – but the government’s actions now threaten peace.
It is essential that the Good Friday Agreement is protected.
This reckless action also risks provoking a trade war with the EU.
In the middle of cost-of-living crisis, it is appalling for the UK government to suggest it will take actions that could see prices skyrocket even further.
Working people must not pay the price of the government’s reckless actions.
UK ministers must honour the international agreement they signed and put practical solutions ahead of ideological posturing.
They need to get back around the table with the EU as soon as possible and come to an agreement that protects jobs, livelihoods and the Good Friday Agreement.
And they must act in good faith to repair the UK’s reputation as a trading partner.
Plans to progress Scotland’s ground-breaking children’s rights legislation have been announced by Deputy First Minister John Swinney.
The UNCRC (Incorporation) (Scotland) Bill was backed unanimously by the Scottish Parliament in March 2021, but could not be implemented because of a legal challenge brought by the UK Government. In October, the Supreme Court ruled that certain parts of the Bill were outwith the legislative competence of the Scottish Parliament.
The Scottish Government has now set out how it will address this. Over the next few weeks, there will be targeted engagement with relevant organisations and children and young people on proposed changes to the Bill. These will then be brought before Parliament via the Reconsideration Stage.
The Deputy First Minister said: “The UNCRC Bill was passed by the Scottish Parliament to deliver the highest protection possible for children’s rights. The Supreme Court ruling was bitterly disappointing, but we have fully respected and carefully considered its implications.
“We sought support from the UK Government to make modest adjustments to the Scotland Act to address the issues with the devolution settlement that the Supreme Court ruling highlighted. Despite their public commitment to engage constructively, this was rejected by the Secretary of State for Scotland.
“As a result, we will remove UK Acts from the remedial provisions within the Bill, which is a dilution of the effect of the legislation, and we will consult with children and young people on the proposed changes.
“It is disappointing that this will not become law in the form which our Parliament agreed. However, we can now move forward with legislation to build a Scotland where respect for human rights anchors our society and the institutions which govern and deliver public services.”
