Lords division over implementation of Framework as unionist peers express 'regret' at rules

It was in response to a ‘statutory instrument’ brought by the government to implement aspects of the Windsor Framework. Baroness Hoey tabled a motion opposing the legislation – and stated her opposition to the "increasingly ridiculous” deal.

She said the rules provided some scope for disapplying EU legislation in Northern Ireland – but highlighted the extent to which – even under the green lane – NI remains subject to EU laws.

"The legislation means that, rather than laying the foundation for the movement of goods from one part of the UK to another, unfettered by a customs or SPS border, we have the movement of goods, subject to the huge cost of a customs border, SPS border, paperwork and checks” Baroness Hoey said in the debate on Monday.

Former First Minister Baroness Foster criticised the way the legislation had been handled by the government. She said it “came through in the summer when there was no opportunity for parliamentary scrutiny before the scheme went live”, and added that it wouldn’t have even been debated – but for Baroness Hoey’s motion.

Lord Browne said the regulations were “profoundly destabilising”. He criticised biosecurity measures being run on an all Ireland basis in the Windsor Framework.

The DUP peer said that while a state should have regard for the biosecurity of its neighbours - this “must be a secondary obligation to having regard to the biosecurity of its own citizens who pay taxes and may indeed be asked to make the ultimate sacrifice in times of war”.

Phytosanitary – or plant and animal health checks – were in place before the Protocol came into place. Under the protocol, the island of Ireland is considered one zone. The Department of Agriculture say Northern Ireland has had a different status from GB for certain pests affecting plants and plant products, both before and after Brexit. DAERA also say that has “enabled NI to remain free from certain pests and pathogens that are present in GB that can be harmful to trees, plants and the wider environment”.

Lady Hoey’s motion was rejected by 65 votes to 13.