Protocol on Ireland/Northern Ireland: Court of Justice of the European Union
Baroness Chapman of Darlington Excerpts(2 years, 11 months ago)
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Baroness Chapman of Darlington (Lab)
My Lords, I am not the only one scratching my head as a result of these exchanges. Can the Minister help us by outlining what the benefit to the UK position of triggering Article 16 would be? Surely it would only set the clock ticking and increase the pressure, while he would be negotiating on the exact same issues with the exact same people, probably in the exact same rooms. What do we gain by triggering Article 16?
Lord Frost (Con)
My Lords, Article 16 is a safeguard. It changes reality because it enables us to safeguard, within the provisions of the protocol, against certain effects of the way that it is currently being implemented and working out. Of course, it begins a new and slightly different phase if Article 16 is used, but it also creates a new reality and safeguards against some of the difficulties that we currently find. That is why it is such a relevant provision.
Ireland/Northern Ireland: Solid Fuels
Baroness Chapman of Darlington Excerpts(2 years, 11 months ago)
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Lord Frost (Con)
My Lords, my noble friend makes a very good point, as always. It is a concrete case that demonstrates that it is possible to manage these matters in other ways. This is one of the reasons why what we put forward in the Command Paper is a compromise. It is not my noble friend’s proposal. It is that we would for most purposes police goods going into Ireland and the single market in the Irish Sea, but would wish to see goods flowing freely into Northern Ireland. That is a workable and sensible compromise proposal, and in the negotiations we have not yet heard why it could not work.
Baroness Chapman of Darlington (Lab)
My Lords, this situation rather highlights the need for a certain amount of bandwidth on behalf of the Government, in that occasionally they need to negotiate simultaneously with the EU and with individual member states. Does the Minister think that the undeniable damage to the Prime Minister’s authority in recent weeks is leading to a bit of a problem with government bandwidth? I ask this because it is really easy to talk tough about Article 16, at least when he is here, but not if the Minister and the Prime Minister do not have the backing of the entire Cabinet to see through the consequences, which would be further damage to international relationships and possibly a trade war. Is he confident that any of his Cabinet colleagues will be with him in the trenches if he leads us into further disputes?
Lord Frost (Con)
My Lords, the Cabinet and the Government stand fully behind the policy that we set out in the Command Paper in July, which is a very good compromise policy that we still hope to negotiate. We have made it clear that a negotiated outcome is the best one, but that policy paper, which we all stand behind, also makes it clear that Article 16 is a legitimate and useful tool if necessary. That remains the Government’s position.
Protocol on Ireland/Northern Ireland: EU Negotiations
Baroness Chapman of Darlington Excerpts(2 years, 11 months ago)
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Baroness Chapman of Darlington (Lab)
My Lords, it is shameful that we have come to this today. Last week, the Minister came to this House and committed to ensuring that an equivalent Oral Statement would be made in the other place to reflect his remarks here last Wednesday. That did not take place; instead, the Government attempted to get by with a Written Statement issued on Tuesday, and the words that we have heard today in the other place were only as a consequence of the Minister there being dragged there in response to an Urgent Question. That is not good enough. These issues are of intense interest to Members on all sides of this House and the elected House. It is essential that we do not have this situation again. If the Minister wants to come here and make a Statement then he must ensure, as he promised, that a Statement is made in the equivalent way in the other House at the earliest opportunity.
Lord Frost (Con)
My Lords, the noble Baroness is of course correct that I said on Wednesday that a Statement would be made in the other place in due course and that it was made in the way that she describes. How the other place runs its business and chooses its Statements is obviously not a matter for this House. Obviously, I respect the right and responsibility of the Opposition to hold the Government to account, which is why I am here today answering five Questions on very similar subjects, and will continue to do so as long as it is necessary.
EU Relations
Baroness Chapman of Darlington Excerpts(2 years, 12 months ago)
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Baroness Chapman of Darlington (Lab)
My Lords, I am grateful to the Minister for advanced sight of his Statement. However, I express my disappointment that this is the second time in as many months that he has waited until the final day before a recess to make a Statement on such important issues. He knows that some colleagues may not be present and that, importantly, the other place is not sitting. The Statement may well be repeated by the Paymaster-General in due course, but there will be a significant delay and I do not see anything in the Minister’s text that could not have been shared with both Houses on Monday or Tuesday.
We all know that the Government’s position on these matters often fails to stand up to scrutiny, but it is only right that he and his colleagues in the other place subject themselves to that scrutiny. I have suggested before that continuing the Brexit melodrama suits the Minister and his Cabinet colleagues. He has been dismissive, but perhaps the hope in No.10 is that this battle will finally distract the papers and public from the sleaze accusations—call me cynical.
We welcome the Minister’s update on discussions with the French Government, the Commission and our friends in Guernsey and Jersey around fishing licences. During the passage of the Fisheries Act, your Lordships’ House warned that the timescales for implementing a new licensing system were tight and that issues such as these may arise. Clearly, this does not excuse some of the interventions we have seen during the recent dispute, and we hope that all sides can continue these discussions in the calmer manner seen during recent days.
On Horizon, it is of course disappointing that ratification of the UK’s participation is taking so long. As the pandemic has shown, cross-border academic collaboration can only be a good thing. UK researchers have already faced a huge amount of uncertainty as the Government weighed up whether to participate in programmes such as Horizon. Now that the decision has been made and enshrined in the TCA, as noted by the Minister, the EU must act accordingly. He says that, if the EU does not comply, the Government will create a domestic equivalent, so can he confirm what contingency planning may already be taking place? When could such a scheme be operational? I am happy for him to write to me on that.
We have all watched with interest and alarm in recent days as the rhetoric around Article 16 is once again ratcheted up. We read of potential dates for the UK to trigger a trade dispute, and of others on which Mr Šefčovič will outline retaliatory measures. Cooler heads must now prevail. We have also seen reports that the Minister is seeking outside legal advice on rewriting the protocol, including on the Court of Justice issue. Commentators suspect that this is to prevent the Attorney-General having to overrule in-house legal advice, so can the Minister confirm whether such a search is indeed under way?
This also brings us back to the question of when Parliament will see the legal text sent to Brussels by the Government. We were told that it merely replicated the contents of the Command Paper in legalese, but if that is the case, why is new advice necessary? Does he intend to produce a revised draft? Why were Ministers in Northern Ireland not consulted? It is clear from the Minister’s Statement that UK-EU relations have not significantly improved, despite the diplomatic mastery that he deployed during his short trip to Lisbon.
Following each week of talks, we hear that, rather than bridging gaps, the two sides are growing further apart. That will not only deeply disappoint UK businesses but, as we move into the festive period, frustrate them too. This is not a game to them; rather, it is about getting products on shelves and sustaining people’s livelihoods. At the time of publication, a month ago, a variety of business groups believed that the Commission’s proposals represented a significant step forward. We know that there are disputes, but there remains widespread agreement that there would be significant improvement.
Central to this are the people and communities of Northern Ireland. The evidence increasingly shows that they want a deal between the EU and UK, not another stand-off, with all the uncertainty that that brings. The respected Liverpool Institute for Irish Studies found that people of Northern Ireland oppose the use of Article 16 and instead want solutions.
Business groups in Northern Ireland are demanding a deal. Seamus Leheny of Logistics UK said that
“a UK-EU negotiated outcome is vital”
for the economy. Interestingly, he has not had any representation over the ECJ whatsoever from his 18,000 members. That is why Labour has called on the UK and EU to bring Northern Ireland’s leaders and communities into the process to speak for themselves. It is simply untenable to say to the people of Northern Ireland, “This is what we’ve decided: take it or leave it”. Northern Ireland must be involved in these talks and in the huge decisions being made about its future.
The Minister has said on several occasions that he stands ready to look at any and all proposals for improving the flow of trade between Great Britain and Northern Ireland, wherever they may come from. Why, then, has he been so reticent to seriously consider the idea of a wide-ranging, long-lasting veterinary agreement that is backed by organisations like the CBI? The EU has previously signalled that such a deal can be done, so why is that not currently at least on the table?
Although it increasingly feels inevitable, it continues to be our view that triggering Article 16 would be a destabilising step for businesses and communities alike. It may serve the Government well to maintain division, but it does nothing for anyone else. The Minister has been clear that he does not like the protocol. We know that, because he tours the studios every week telling the country of all the problems he has found with the deal that he personally negotiated.
But the evidence shows that, whatever the Minister wants, people in Northern Ireland want a deal. It is time for the Minister to show some responsibility. He should work constructively with the EU to find solutions, and then, if he still can, given everything that has happened, he must play an active role in rebuilding support and trust among all communities in Northern Ireland.
Lord Newby (LD)
My Lords, I thank the Minister for making the Statement. However, just as he refers to the production by the EU of “non-papers”, it seems to me that this is largely a non-Statement. It contains nothing new and largely consists of yet more sabre-rattling—something that, I have to accept, the Minister excels at. He says that the trade and co-operation agreement is working well. According to the OBR, its effect is that our GDP will be 4% lower than if we had remained in the EU, so I suppose we should be very grateful that it is not working badly.
Underlying all the issues to which the Statement refers are two substantive problems for the Government. The first relates to trust. As the Minister made clear in his Lisbon speech, the UK is widely distrusted as a reliable partner. As a result, everything becomes more difficult, and what should be relatively small, easily resolvable issues, such as the licensing of fishing boats, become potential major flashpoints.
The second is that there exists at the heart of the Northern Ireland problem the irresolvable issue of where the EU-UK trade boundary is set. The Government in reality do not want a boundary at all when it comes to GB trading with Northern Ireland but want one when it comes to trading with the EU. The Good Friday agreement means that they cannot possibly have this best of both worlds. In seeking to achieve that impossibility, the Government are, understandably, running into problems, but it is completely disingenuous for the Minister to protest about unintended consequences of having a border down the Irish Sea when the Government’s own impact statement at the time set out in major detail exactly what those deleterious impacts would be. The Minister negotiated the deal. I cannot believe that he did not understand the consequences at the time. Did he think that it would be possible to live with them, or did he even then think that he could renege on the deal once the main trade and co-operation agreement had been signed? Either way, he was less than straightforward in presenting the deal as a Great British negotiating success.
On the operation of the protocol, the EU has made very substantive concessions which appear to offer the prospect of a resolution of the main operational problems. In these circumstances, repeatedly to dangle the prospect of Article 16 in front of the EU just looks like a provocation which will make the negotiations harder rather than easier. At the weekend, in commenting on the Article 16 threat, Sir John Major said that it was “colossally stupid” and “un-Conservative”. In part, he said this because it would threaten a trade war with the EU, a prospect which Simon Coveney again raised at the weekend, which would indeed be colossally stupid. But in part also, he said it because it undermines the Government’s central claim that they “got Brexit done”. Triggering Article 16 would lead to chaos and confusion, when businesses, not least in Northern Ireland, want stability and continuity. It would be the opposite of Brexit having been done. How, therefore, does the Minister rebut Sir John’s comments? How does he respond to the point made by the noble Baroness, Lady Chapman, that the majority of people in the Province do not believe that triggering Article 16 is in their best interests or that the potential involvement of the European Court of Justice is a red line—it is not; it is for the Minister, but it is not for the people in Northern Ireland.
It is overwhelmingly in the national interest to deal unemotionally with the problems in the operation of the protocol on the basis of the proposals now on the table. Can the Minister assure the House that he will finally put his sabre away and just get back to straight- forward negotiating?
Protocol on Ireland/Northern Ireland: EU Proposals
Baroness Chapman of Darlington Excerpts(3 years ago)
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Baroness Chapman of Darlington (Lab)
I take it from the answers the Minister provided to the previous Question that he did not consult Ministers in Northern Ireland about his new draft text and does not intend to publish it for the benefit of politicians in this country. I gently say to him that contentious issues in Northern Ireland are never resolved without the engagement of senior figures, and he needs to take this far more seriously. Rather than flying around Europe making speeches, why is he not speaking with Mr Šefčovič in Belfast to thrash out these issues? The people of Northern Ireland and the public here will tire of this endless Brexit drama vortex that he seems to want to keep us captured in. We want solutions and he will find them only through dialogue, and I suggest that that should take place in Belfast.
Lord Frost (Con)
My Lords, we are obviously engaged in a very intensive dialogue on this question, both at my level and among teams and beyond that. As I said, obviously we talk to senior politicians in Northern Ireland across the range of opinion the whole time, and that is the responsibility of others in this Government as well as myself. We will publish the legal text if it is useful to the process, just as we did last year in negotiations on the trade and co-operation agreement. When it is useful and when it can help to get us closer to agreement then we will consider doing that, but at the moment it is a confidential negotiating document.
Protocol on Ireland/Northern Ireland: Impact on Trade
Baroness Chapman of Darlington Excerpts(3 years ago)
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Lord Frost (Con)
My Lords, I am proud of securing a deal that delivered democracy and took this country out of the European Union in 2019, which the people of this country voted for. On trade, the figures from the Irish Central Statistics Office for the first eight months of the year show that trade from Ireland to Northern Ireland has gone up 35% and from Northern Ireland to Ireland has gone up 50%. Those are significant figures and clearly show that there is something unusual going on—which I think is trade diversion.
Baroness Chapman of Darlington (Lab)
I have a couple of very simple questions for the Minister about this. I tried to ask them last week, after he flew back from Lisbon, but he did not seem to want to answer them then. I shall try again today. They are very simple.
First, the Minister has sent a draft legal text of the protocol, which he says he has written, to Brussels. He does not want to show his cards on other issues but, seeing that he has already shown the text to Brussels, why is he not showing it to parliamentarians in the UK? Secondly, it is very important that he engages meaningfully and fully with elected politicians in Northern Ireland on this issue. Did he consult any Ministers in the Northern Ireland Assembly before he sent his draft text of the Northern Ireland protocol to Brussels?
Lord Frost (Con)
My Lords, I think the question is based on a slight misconception that the legal text that we sent in represents some new stage or evolution in our position. It does not. It reflects the position that was set out in the Command Paper on 21 July and puts it into legal form. It is a negotiating document for the purposes of negotiations. It does not change the UK Government’s position in any way. Of course we discuss with elected politicians in Northern Ireland all the time what our position is, and we did that while preparing the Command Paper.
Northern Ireland Protocol
Baroness Chapman of Darlington Excerpts(3 years ago)
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Lord Frost (Con)
My Lords, there is quite a lot in that question but I will try to deal with the two points. We talk to people of all opinions across the spectrum of political opinion in Northern Ireland. In doing so, I personally have heard quite a lot of concern about the imposition of European Union law in Northern Ireland without democratic consent; of course, the Court of Justice stands at the apex of that system.
On the second question, we set out our approach in the Command Paper. I do not think that there is much more to say. We have been clear that the threshold for using Article 16 has passed; Article 16 is a mechanism in the protocol whose use is legitimate if the circumstances require it. We would prefer to find a solution by consensus but Article 16 is there.
Baroness Chapman of Darlington (Lab)
My Lords, I welcome the Minister back from his brief stop in Portugal yesterday. I note that your Lordships’ House was sitting then; we too would have appreciated hearing from him as he announced his new text.
Although we welcome the opportunity to hear from the Minister this afternoon, it is a shame that this Question is taking place at 3.45 pm, given that the EU’s proposals for amending the protocol are due to be published in just two hours’ time. Can the Minister confirm that he will consider the EU’s proposals in good faith, and that the Government will engage constructively in finding solutions to protect livelihoods and communities in Northern Ireland? In his speech yesterday, the Minister said that he has drafted a new protocol. When will we see the legal text? Given the direct importance of this process for the people of Northern Ireland, has he consulted Northern Ireland Ministers on his text?
Lord Frost (Con)
My Lords, my speech in Lisbon yesterday covered much more than the Northern Ireland protocol. I am sure that the noble Lords who have read it have seen that it was an attempt to set out our wider relationship with the European Union; the protocol policy was as set out in the Command Paper. I agree that we are looking forward to getting the proposals from the Commission later today. Obviously we will look at them positively and constructively; I am sure that we will want to discuss elements of them in more detail. We very much want to get into an intensive talks process on those proposals, as well as on the proposals we sent. As the noble Baroness points out, we have sent a draft of the legal text to the Commission. It is a negotiating document at the moment but, of course, I expect that we will make it public if that seems to be useful to the process in future.
Imports from EU to UK: Grace Period
Baroness Chapman of Darlington Excerpts(3 years, 1 month ago)
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Lord Frost (Con)
Of course, I agree very much with the thrust of my noble friend’s question. We believe that in the decisions we have taken, both in the context of the protocol and on trade more broadly, we are showing pragmatism in the way we are managing our borders, with a due focus on the real levels of risk involved. We hope that the European Union will do the same in the context of Northern Ireland and allow us to put in place arrangements, as set out in our Command Paper, that are consistent with those levels of risk.
Baroness Chapman of Darlington (Lab)
My Lords, it is striking that none of the problems raised is anything to do with the Minister or with the Government; it is all about Covid, the French, the Irish or the EU, but the nation is starting to suss this out. The Food and Drink Federation said just this week that the Government are undermining trust and confidence, because responsible businesses prepare for changes that repeatedly do not happen. Frustration is growing. Food and drink is Britain’s biggest manufacturing sector, employing people in every region, and it needs certainty. Does the Minister accept that if we do not reach a lasting agreement soon, these stopgap solutions will cost jobs?
Lord Frost (Con)
My Lords, we have great food and drink industries in this country; some of them have imports in their supply chains as well as exports and the free flow of trade in both directions is very important. I have noted what the Food and Drink Federation has said on this subject. I could not help noting that, last week, it was worrying about the consequences of introducing these controls and fearing that the just-in-time system would not work, while, this week, it is concerned that we have delayed the controls, so I think we just have to take the best decisions we can in the interests of the whole economy and enable our businesses to prosper as a result.
Brexit Opportunities
Baroness Chapman of Darlington Excerpts(3 years, 1 month ago)
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Baroness Chapman of Darlington (Lab)
My Lords, I thank the Minister for advance sight of the Statement. Having read it several times, I find myself underwhelmed. Eighteen months since the UK left the European Union— a moment which the Prime Minister referred to as
“a new act in our great national drama”—
I think we are all left asking the same question: is this it? Dealing with laws that the Government had already promised to address and a novelty engagement exercise is not the ambitious, outward-facing, world-leading plan for prosperity we need. The Government are suffering from a chronic lack of ambition.
While the Minister wants to talk about GM food, he needs to sort out the existing problems for growers in this country first. UK industry is currently dealing with supply chain chaos, a situation compounded by the Government’s mismanagement of our exit. The disruption is leaving business without goods and shoppers with gaps on supermarket shelves. We cannot divorce this from the new barriers at the border, or from driver shortages resulting from a lack of a workforce strategy and a failure to see the foreseeable. We need urgent action, leadership and direction from the Government. Can the Minister confirm whether the Government will now establish an urgent workforce plan to deal with the 90,000-strong shortage of HGV drivers? Have they yet appointed—maybe they have—a government Minister tasked with specific responsibility for tackling the supply chain crisis and co-ordinating across multiple government departments? When will they secure the veterinary agreement with the European Union to limit further disruption?
There is also, of course, the Northern Ireland protocol. Again, the problems were entirely foreseeable by everyone it seems, including the Government, and yet the technological solutions long promised by Ministers have still to materialise. As he was unable to clarify previously, can the Minister now confirm whether, when and in what circumstances he would commence Article 16 processes?
On agriculture, the Minister speaks of opportunities. If only the Government were not jumping from one crisis to another, perhaps they would be able to see the possibilities ahead of them. Just yesterday, on Back British Farming Day, the National Audit Office released a report finding that Ministers are failing to gain farmers’ trust. It is little wonder, given the problems with agriculture visas and worker shortages, but there is an opportunity here to reward British farmers and gain back their trust. The Government should take steps to help public bodies buy more British food all year round, including by passing legislation requiring them to report on how much they are buying from domestic sources with taxpayers’ money. Where was “Buy British” in his Statement? Across rural England, £255 million will be lost this year alone as a result of cuts in grants to farmers, with no certainty about what will replace them. This is putting 9,500 agricultural jobs at risk. The Government need to take notice of the problems facing UK agriculture before livelihoods are lost.
Now is the time for the Government to deliver on the promise of post-Brexit Britain, but if, 18 months in, all we have to celebrate is supply chain chaos and lost jobs, it would be fair to say that the Prime Minister’s “great national drama” is becoming a farce. On rules of origin, equivalence for financial services, creative industries and so much more, the Government are letting Britain down. Instead of sabre-rattling and blaming others, the Government need to stand up, find real solutions and deliver the opportunities we were promised.
Protocol on Ireland/Northern Ireland (EUC Report)
Baroness Chapman of Darlington Excerpts(3 years, 1 month ago)
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Baroness Chapman of Darlington (Lab)
My Lords, it is a pleasure to follow the noble Lord, Lord Purvis, especially as he ended on something of an optimistic note. There was not a lot of optimism in his contribution, but he at least spoke of future prosperity for Northern Ireland, which I think is a desire we all share.
I thank the committees, and especially the noble Earl, Lord Kinnoull, and the noble Lord, Lord Jay, for their excellent work in leading this important task. The noble Earl began by recalling someone saying that being in Northern Ireland at the moment has felt like being used as a pawn in a game. It is a dreadful assessment, and it ought to stop us all in our tracks. Both reports emphasise the value of establishing a relationship of trust between the United Kingdom and the European Union. The point made by the noble Lord, Lord Jay, about scrutiny of EU legislation as it affects Northern Ireland is important and I look forward to the Minister’s response to his question.
The committee sees some reasons for optimism about Northern Ireland’s ability—
The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)
My Lords, I apologise for interrupting, but, as we have all been anticipating, there is a Division in Chamber. The Committee will adjourn for five minutes—I believe that is the accepted time—in order to allow Members to record their votes.
The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)
My Lords, rather than delay the Committee any further, I think we will proceed, although I believe we are still missing one Member, who, let us hope, will return shortly.
Baroness Chapman of Darlington (Lab)
I am sure that the lure of a cup of tea was probably greater than the speech that I am about to finish, or that the Minister will provide as well.
The committees have done vital work but, so far, the Government have been unable to clarify a way forward. Perhaps not today—that might be too much to ask—but we look forward soon to the Minister providing answers to the question of what the future will look like for Northern Ireland and when we will see arrangements on a long-term, secure and predictable footing. As the noble Lord, Lord Wood of Anfield, said, the Government need to be candid—as candid as they can—about what the protocol does, as opposed to what the Government say or have said in the past it does. Does the Minister agree with the noble Lord that failing repeatedly to implement the protocol and having government by grace period is disastrous for the UK’s international reputation?
Various solutions have been proposed, but we all seem broadly to agree that a red line needs to be that any suggestions requiring border infrastructure on the island of Ireland should be disregarded. Many issues will have to be overcome, but I do not want to have to explain to the next generation of young people in Northern Ireland that a hard border, with all the consequences we fear that would bring, came about because this generation wanted the freedom to reduce food standards despite saying that they had no intention of reducing standards. As the noble Baroness, Lady Suttie, said, regulatory sovereignty should not be prized at the expense of political stability. I realise that that is a very stark way of putting this. I expect the Minister will say we can have both—I do hope so—but it would be useful to know how he intends to do that.
I enjoyed the speech of the noble Lord, Lord Empey, very much. It was really engaging. I was just saying to the noble Earl, Lord Kinnoull, that I could listen to him all day.
Baroness Chapman of Darlington (Lab)
I am sure they do. He urged realism and pragmatism, and encouraged dialogue, and he is obviously right on all those points. We used to hear a lot of talk about technological solutions to this problem. Can the Minister update us on whether the Government are still pursuing those technological solutions and describe to us what they could involve?
The current situation of deadline followed by extension followed by deadline is a nightmare for business. Options are available: alignment, equivalence, domestic legislation. The choices we have are sometimes considered in a very rigid and limited way, posing alignment against equivalence. As the noble Baroness, Lady Ritchie, said, we need a bespoke solution for Northern Ireland.
The Government have rejected alignment, and the EU has rejected equivalence. That is fine, but we need flexibility and compromise, and, as we have heard repeatedly today, we need trust. We could introduce domestic legislation, for instance. What response have the Government had from the European Union to the option of imposing penalties on businesses which are found to have failed to comply with the rules?
In his speech at the British-Irish Association on 4 September, which was referred to by other contributors, the Minister said that these are
“existential issues of territory, of identity, of borders, all against a background of a peace process and institutions in Northern Ireland which can only bear so much weight … So we badly need to look reality full-on. To put our arrangements here onto a more durable and sustainable footing, one that represents genuinely mutual benefit”.
I welcome this. I could not agree more. This is the kind of approach that we need from the Government. I note that the tone from the European Union also seems to have changed in recent weeks. However, other than saying in the Command Paper that Article 13 of the protocol allows for subsequent agreements to replace it, the Minister does not really tell us what he thinks should be done. Still, this is a change of tone, and we should welcome it.
While we have the Minister here, I want to ask him about Article 10 of the protocol, which has not received much attention today. Can he provide the Committee with his assessment of whether, and in what circumstances, Article 10 has any impact on state subsidy in Great Britain, not just in Northern Ireland? What legal advice was sought before agreeing to Article 10? Did he know that restrictions on subsidy in Northern Ireland could “reach back”—which I think is the legal term used—into the rest of the UK? I ask this because not only because I am interested in the answer but because I know from the Command Paper that the Government think that Article 10 is now redundant. I can see why they would make that claim, but it reveals their approach to these negotiations. After all, the Prime Minister described the protocol at the time as an ingenious solution. Did he know when he made that comment that he was potentially compromising on state aid? If he did not, he really should have done.
The Government have an appetite for immediate gratification, agreeing things to get through the immediate crisis. This can work; we get it—
The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)
I am terribly sorry to interrupt the noble Baroness again. She is most unfortunate to have had both these votes in her speech, but there is a Division again in the Chamber. The Committee will adjourn for five minutes to allow Members to record their votes.
The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)
I sense the Committee is anxious to be under way again, so let us say five minutes have passed.
Baroness Chapman of Darlington (Lab)
Thank you, I feel like I should appeal for injury time or something. I was talking about the Government’s appetite for immediate gratification and was about to ask the Minister whether he has reached the point where he accepts that a change in approach is needed.
It seems very clear that in their haste to sign an agreement the Government either did not do their homework and think through the implications or, perhaps more likely, knew what they were signing up to but did so with insufficient regard to the UK’s need to keep its obligations. This is particularly troubling when we seek to establish new trade relationships around the world. The country and our partners abroad will be asking themselves whether this is just bad faith or incompetence. Whichever it is, it is coming at a real cost for Northern Ireland and the UK.
We need serious long-term solutions, and it seems pretty obvious to most people, from contributors to this debate to the CBI and the Ulster Farmers Union, that we need a veterinary agreement. We have nothing to fear from cast-iron commitments to high standards. After all, that is a commitment the Conservatives made in their manifesto. Finally, I stress to the Minister that instability is once again building, and we cannot have another year of stop-gap solutions. We need a long-term agreement which will reduce the barriers to which the Government agreed.