Irish Sea border: Political row over potential ban on hotel shampoo bottles and condiments in NI

Since the NI Protocol was signed, the UK has been split into two regulatory zones for goods. The EU plans to change its laws on packaging and single use plastics, which could see products like single-use hotel toiletries and individual portions of condiments like red or brown sauce banned in restaurants.

Northern Ireland – and not the rest of the UK – still has to follow EU rules in this area, unless the government vetoes them.

It has led to a row between the DUP, who say the claims are exaggerated – and the TUV, who say it is another example of a wedge being driven between two parts of the United Kingdom.

Since the original NI Protocol, there have been easements for goods travelling into NI from GB and being sold in physical retail outlets. However, as Northern Ireland is in the EU regulatory zone for goods, there are ongoing problems with livestock, pets, plants and – as in this case – certain packaging, across the regulatory border within the UK.

TUV councillor Christopher Jamieson said it is yet more evidence of “the absurdity of DUP claims about the Sea Border”.

The Braid representative said: “The banning of hotel room shampoo bottles from Northern Ireland but not Great Britain underscores both the continued existence of the division of our United Kingdom and, frankly, the madness of the EU.

“Clearly the issues around the Protocol are not going away but continue to drive a wedge between Northern Ireland and the rest of our nation which, over time, will become ever greater.

“Those who returned to a Protocol implementing Executive on the basis of the DUP deal with the government own this and must pay the price if we are going to find reverse gear and fight this Union destroying sea border.”

The DUP’s Phillip Brett has said the story is inaccurate, incomplete and misrepresents the situation.

Mr Brett, who chairs Stormont’s economy committee, said: “The latest story about hotel shampoo bottles and whether they will be phased out in Northern Ireland and not in Great Britain demonstrates a total lack of understanding of the new democratic safeguards that now form part of the new governance arrangements in the re-established Northern Ireland Assembly.

“This inaccurate and incomplete story misrepresents the situation. Firstly, this is a proposal that has yet to be finally adopted by the EU. Secondly, under the new democratic scrutiny arrangements that replace a key element of the NI Protocol, automatic alignment with new and amended EU law in Northern Ireland has ended and Parliament has already changed UK law to reflect this reality.

“Therefore, if such a proposal does in fact become EU law, the restored Northern Ireland Assembly now has the ability to scrutinise this, establish what, if any, detrimental impact it may have and if necessary activate the brake on it as appropriate in the circumstances when considering amended EU law.

“Under the new arrangements, and following consideration by the Assembly the UK Government can determine to veto this amended EU measure applying to Northern Ireland.

“With all Governments considering how to continue to reduce waste it is likely that measures across the whole of the UK will be adopted to phase out mini-bottles.

“Our new arrangements and other commitments relating to protecting Northern Ireland’s place within the UK internal market are clearly set out in the ‘Safeguarding the Union’ Command Paper and are being implemented so that the people of Northern Ireland and their elected representatives do have a say in laws that apply here.

“The hard and undeniable truth is that, if we had no Northern Ireland Assembly, then we would have no powers to democratically scrutinise or stop such laws where we determine that is in the best interests of Northern Ireland.”

However, last week – as part of the DUP deal – the UK government took sweeping powers over directing the operation of the Irish Sea border.

Legislation will come into effect in April which gives the Secretary of State the power to take control of implementing the protocol – instead of locally elected ministers.

The role of the EU is unchanged, but Stormont will have fewer powers in scrutinising decisions taken by the UK government alongside, or on behalf, of the EU.

The ‘Windsor Framework (Implementation) Regulations 2024’ remove the ability of Stormont politicians to require a UK government minister – or NI department – to report information to Stormont if it relates to decisions taken by the UK government in implementing the Windsor Framework.

It also prevents Stormont calling for witnesses and documents on decisions by the Tory government in London.

Sir Jeffrey Donaldson said the powers “will help restore our place in the UK and its internal market in line with our Article 6 rights under the Acts of Union which have been further protected in law. Whilst there is much more to do, these measures expose the claims made by our detractors that nothing has been changed. The law is changing as a result of what the [DUP] has achieved. It is plain for all to see”.

But TUV leader Jim Allister said the “regulations are a wholly Jesuitical attempt to provide a figleaf to the DUP to pretend they are not implementing the Protocol by giving Whitehall ministers the oversight and directional powers”.

He added that the legislation “contains draconian moves to diminish any democratic oversight or scrutiny by the Assembly” and “pulls the teeth of the supposed Windsor Framework Scrutiny committee by denying it the power to ask for information”.