The Earl of Effingham (Con)

My Lords, this instrument, as the Minister has outlined, amends the Radio Equipment Regulations 2017 to ensure that additional essential requirements covering cyber security, data protection and fraud prevention apply to certain categories of radio equipment marketed in Northern Ireland. The objectives of these requirements are sensible. In an era of ultra-connected devices such as smartphones, watches, fitness trackers and more, the need to protect personal data, prevent fraud and safeguard network integrity is clearly paramount. Consumers rightly expect that the technology that, in many cases, they entirely rely on does not expose them to unnecessary risk. However, this instrument raises broader constitutional and practical questions, as has been pointed out by many noble Lords. First, it is another example of legislation applying in Northern Ireland that originates, unfortunately, not from the Palace of Westminster, not from the Northern Ireland Assembly, but from Brussels. Whatever view noble Lords might have of the Windsor Framework, it is undeniable that these rules are imposed under obligations that leave little room for domestic discretion. That is the reality, which is a concern for many, including in your Lordships’ House. Secondly, while the Department for Business and Trade assures us that the impact on businesses will be minimal, given that many firms already comply in order to access EU markets, we must be allowed to scrutinise that claim. For smaller manufacturers and distributors, particularly those focused on the UK market, compliance costs and administrative burdens may not be negligible. As was so well put by the noble Baroness, Lady Hoey, my noble friend Lord Dobbs and the noble Lord, Lord Morrow, have the Government undertaken a full assessment of the cost to SMEs? What support will be available to businesses in Northern Ireland to navigate these requirements? While we do not oppose measures that enhance consumer protection and cybersecurity, His Majesty’s loyal Opposition regret that this instrument exemplifies the democratic deficit inherent in the current arrangements. We urge the Government to provide greater transparency on the cumulative impact of these regulations and to ensure, above all, that Northern Ireland businesses are not disadvantaged and can remain competitive, thrive and flourish.