114. The Government recognises that one of the key concerns for unionists in Northern Ireland within the 2017 UK-EU Joint Report is related to the promotion of the political concept of the ‘all-island economy.’ Whilst access to the EU market has broad support amongst business and consumers, the creation of a new political construct of the ‘all-island economy’ is clearly more divisive in nature and has been rejected by the current Government. The Windsor Framework decisively moved away from this concept, and indeed envisages growing divergence across the international land border, with labelling and market surveillance used to seek to avoid products being placed illegally on the market in Ireland.
115. However, the Government accepts that there are concerns we have not yet gone far enough to decisively remove all the legal ramifications of the acceptance in 2017 by the then UK Government of the need to protect the ‘all-island economy’ in relation to goods. Specifically we agree that it is unacceptable that Ministers still have a legal duty to have regard to protecting the ‘all-island economy.’ This applies to all Statutory Instruments relating to the Windsor Framework and therefore could continue to have a long-term distorting legal effect that detracts from our actual priority to protect Northern Ireland’s place in the UK internal market and customs territory.
116. The Government therefore commits to repealing section 10(1)(b) of the European Union (Withdrawal) Act 2018. We will legislate separately to ensure this important change comes into effect. This will mean a full and complete repeal of all statutory duties relating to the ‘all-island economy’ that apply to Ministers or competent authorities. We will ensure that statutory guidance issued under the UK Internal Market Act 2020 – as set out in this paper – fully reflects this.