Amendment 22

Part of Trade Bill - Report (2nd Day) – in the House of Lords at 4:30 pm on 13th March 2019.

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Photo of Lord Bates Lord Bates The Minister of State, Department for International Development 4:30 pm, 13th March 2019

My Lords, it may be helpful to the House if I explain our hesitation on precisely that point. Section 10(2)(b) of the EU withdrawal Act prohibits regulations creating new border arrangements —that is, arrangements that did not exist before exit day—unless they are in accordance with agreements between the UK and the EU. This amendment would prevent any arrangements unless they were subject to an agreement between the UK and the Government of Ireland. Such an agreement, in our view, would be unlawful for Ireland to enter into, as customs and a common commercial policy fall within the exclusive competence of the EU. I want that point to be clear on the record.