MPs slam Intertrade UK's lack of independence - as extent of government control of 'scrutiny' body emerges

Intertrade UK is more “lapdog than watchdog” on the Irish Sea border – with no legal authority, no independence, and no power to act in its own right – Jim Allister has said.

Meanwhile, Robin Swann MP said that while the body is staffed by people well equipped for the role – it will be “useless” when it comes to acting independently and holding the government to account.

The DUP says it supported the panel’s creation – and respects its ability “to fully carry out the work programme they have set”.

The terms of reference for Intertrade UK – chaired by Baroness Foster – have been released by the Northern Ireland Office (NIO), and show that the government will have a veto on key decisions as well as the ability to direct the body’s work.

It is one of two bodies listed in the Safeguarding the Union deal as providing “independent scrutiny” of government commitments on protecting the UK internal market despite a trade border down the Irish Sea.

However, the group’s discussions and details of its meetings – as well as any media queries – will all be tightly controlled by the NIO, with Hilary Benn’s agreement required for information to be divulged to the public.

The organisation’s remit is described as advisory – both to government and business – and focused on the promotion of trade within the current arrangements.

The UK Government says a separate body will provide scrutiny of whether the UK Internal Market Guarantee is being met – and it is independent of Government.

UUP MP Mr Swann said Intertrade UK “was launched with great noise and furore” but months on “we’re yet to see output or results”.

The South Antrim MP also told the News Letter: “The Safeguarding the Union deal sold Intertrade UK as part of the solution to address the Windsor Framework – it promised to act independently and hold the government to account – but it’s now clear that it will be useless in that purpose.

“Intertrade UK simply cannot hold the government to account and be accountable to the Northern Ireland Office – it would be a farce to suggest otherwise”.

The News Letter asked Intertrade UK’s chair Baroness Foster for a comment on the terms of reference, but there was no response at the time of writing.

The DUP’s economy spokesperson Phillip Brett said: “We welcomed the creation of Intertrade UK to boost trade and within the Union, including its focus on enhancing connectivity between the four nations of the United Kingdom”.

The North Belfast MLA added: “We support its members in carrying out that task and respect their ability to fully carry out the work programme they have set.

“That work programme highlights key priorities and progress on these would be of significant benefit not just to Northern Ireland, but to all regions of the United Kingdom.”

TUV leader Mr Allister told the News Letter that 12 months on from a pledge by DUP leader Gavin Robinson that the setting up of the body was an important step towards boosting internal trade – reality “falls far short of those expectations”.

The North Antrim MP said its status as a non-statutory advisory body “confirms that it has no legal authority, no independence, and no power to act in its own right”.

Mr Allister said: “In practice, it can only make suggestions to another body, with implementation entirely at the discretion of the Government.

“Even the support structure highlights its lack of independence: ‘Intertrade UK is supported by a Secretariat and UK Government analysts and policy specialists.’

“It is a Government-controlled body, not a champion for Northern Ireland within the UK internal market. Importantly, the Government which controls it is committed to the Protocol. Nothing produced by Intertrade UK can be made public without the prior agreement of the Secretary of State, with the NIO even holding a veto over anything issued to the press by the body.

“A year ago, Unionists were led to expect progress and meaningful action. What has been delivered is an advisory panel that cannot challenge, cannot enforce, and cannot deliver the change promised.

“Intertrade UK’s hands are tied behind its back. It is subject to whatever the Government wants.

“Far from being a watchdog against the erosion of the Union by the Protocol, Intertrade UK is a lapdog of the Northern Ireland Office.”

Intertrade UK – chaired by former First Minister Arlene Foster – was set up under the Safeguarding the Union deal between the DUP and the previous government. In that deal, it was claimed that the body would provide “independent scrutiny” of a key government commitment on internal UK trade as part of its oversight role.

The government’s “permanent UK Internal Market Guarantee” pledged that more than 80% of all freight movements from Great Britain to Northern Ireland would “move within the UK internal market and customs territory”.

Alongside the Independent Monitoring Panel (IMP), Intertrade UK was to independently oversee this commitment.

However, in the newly published terms of reference, this isn’t listed as one of three “key roles” of the organisation. Instead, the organisation’s remit is described as advisory – both to government and business – and focused on the promotion of trade within the current arrangements.

The UK Government says the IMP will provide scrutiny of whether the UK Internal Market Guarantee is being met – and it is independent of Government.

The Intertrade UK terms of reference also spell out the level of control exercised by the government in how it works – and what work it carries out.

Its annual “programme of work” will be submitted to the Secretary of State “for agreement”. The agenda for each meeting “will be agreed jointly in advance”, with a draft proposed by the Chair, “taking account of steers from the East West Council and the Secretary of State”.

Chair Baroness Foster and Intertrade UK members “may participate in public events on behalf of the group and represent the group in other fora with the agreement of the Secretary of State”, the rules explain.

Outside experts can be called to assist the group, with Mr Benn’s agreement – or on his request. Public information on the group’s work will be tightly controlled by the NIO, who say: “No information relating to discussions will be shared with parties outside of the UK Government without agreement of the group and the Secretary of State. This includes sharing of meeting papers and responding to media enquiries, which will be managed by the NIO”.

The panel, chaired by Baroness Foster, and including prominent business leaders, serve at the “discretion” of the Labour minister, for a maximum period of three years.

The IMP, set up alongside Intertrade UK, is also responsible for monitoring the government’s ‘UK Internal Market Guarantee’. In February, the Secretary of State told Parliament that the first six month reporting period had commenced on the 1st January and would conclude on 30th June 2025.

Mr Benn told MPs: “The Government believes that this progress demonstrates our continued commitment to protecting the UK internal market. I look forward to considering the Panel’s first report, later this year”.

The News Letter has asked the NIO whether it disputes the assertion that the body is not independent of government - with the Secretary of State having overall control.

This newspaper also asked the government whether it can confirm that more than 80% of all freight movements from Great Britain to NI are taking place under the UK internal market scheme, as promised in the Safeguarding the Union deal.

A UK Government spokesperson said: “Scrutiny of whether the Internal Market Guarantee is being met falls to the Independent Monitoring Panel, which is independent of Government. IntertradeUK has an important role in supporting the UK Internal Market, including using the findings of the Independent Monitoring Panel to do so where relevant.

“We expect to receive the Panel's first monitoring report shortly and will publish its findings in due course”.