Member

91: After Clause 48, insert the following new Clause— “Regulations made under Part 1: Windsor Framework(1) Before making any regulations under this Part, the Secretary of State must—(a) commission an independent legal opinion assessing—(i) the extent to which the implementation of this Act in Northern Ireland complies with the Windsor Framework;(ii) the likelihood of any increase in the illicit trade in tobacco products if regulations under this Act are made in relation to Northern Ireland otherwise than in England, Wales and Scotland;(b) publish that legal opinion;(c) consult any person they consider appropriate.(2) The Secretary of State may not make regulations under this Part unless the Secretary of State is satisfied that the legal opinion under subsection (1) demonstrates that the implementation of Part 3 of this Act (sale and distribution: Northern Ireland) is fully compliant with the Windsor Framework and consistent with the Tobacco Products Directive of the European Union (2014/40/EU).”Member’s explanatory statement This amendment seeks to prevent the Secretary of State from making regulations about the sale and distribution of tobacco in England and Wales until they have considered and demonstrated that to do the same in Northern Ireland would be fully compatible with the Windsor Framework and the Tobacco Products Directive.