The Earl of Effingham (Con)

My Lords, this instrument makes changes to the Northern Ireland Assembly’s Windsor Framework Democratic Scrutiny Committee, which scrutinises EU law that is applicable in Northern Ireland under the Windsor Framework, implementing some of the recommendations made by the independent review of the Windsor Framework. His Majesty’s loyal Opposition are of the strong opinion that the Government must explain why they are removing the safeguards introduced by the previous Government prohibiting the use of written procedure in the joint committee, which were meant to ensure full ministerial accountability for its decisions. This instrument removes Section 15C of the European Union (Withdrawal) Act 2018. The Explanatory Memorandum to this instrument says that this provision was being made: “to facilitate decision making between the co-chairs on time-sensitive issues during the period in between formal meetings, noting the bulk of decisions at the Joint Committee relate to the Windsor Framework”. However, the Explanatory Notes for the European Union (Withdrawal Agreement) Act 2020, which introduced Section 15C into the 2018 Act, stated that the prohibition on the use of written procedure in the joint committee by the UK’s co-chair was to ensure that, “decisions made by the Joint Committee are made by a Minister in person. The purpose of this provision is to ensure there is full ministerial accountability … for all decisions made in the Joint Committee”. That was well highlighted by the noble Lord, Lord McCrea. Introducing the use of written procedure in the joint committee by the UK’s co-chair was not recommended by the independent review. In line with the noble Lord, Lord McCrea, we have one important question: will the Minister explain in more detail the rationale for allowing the written procedure? Is there a risk, as has already been discussed, that it would allow changes to slip through inadvertently without even the minimal scrutiny currently in operation?