Medical Devices (Northern Ireland Protocol) Regulations 2021

Baroness Hoey Excerpts

Monday 12th July 2021 Grand Committee

[Baroness Hoey (Non-Afl) [V]]

My Lords, I thank the Minister for his explanation. In moving this SI, he made a very brave attempt almost to make it seem as if it is terribly normal and wonderful and no one should be worried about anything in it. In fact, he has made the best of a bad job because, as the noble Lords, Lord Empey and Lord Dodds, said, the reality is that this SI is not something we should even be thinking of discussing, let alone supporting.

I accept that some of the moves in it are to make things a little better for the 300 or so device manufacturers in Northern Ireland, and to make it seem—as the noble Lord, Lord Empey, said, it is almost a pretence—as though there is nothing wrong with what is happening. It is particularly sad to say today—and I hope that everyone has had a good Twelfth of July, at the commemoration and celebrations going on in Northern Ireland—that we are in a situation where the protocol is now dividing Northern Ireland from the rest of the United Kingdom, more and more. What we have seen today will be the first of many inevitable divergences, not just in this area of medical apparatus and medical issues but throughout, because we are left in the situation where the European Union is going to make those laws.

As has been said by many of us, over and again, and as has been said today by the noble Lords, Lord Dodds and Lord Empey, this is completely undemocratic. No one has been asked about this. From 21 May, we have simply had to take what the European Union has said on this issue. Whether it is right, wrong, good or bad is not the issue; the issue is one of basic democracy and consent. It is even in the Explanatory Memorandum, which talks about allowing

“Northern Ireland to continue to align with Great Britain policy where possible.”

Who decides “where possible”? It certainly will not be the people of Northern Ireland; it will be when and where it is permitted under the EU.

We are now a little colony of the European Union for certain regulations within the single market. The reality of this has to be accepted by the Government. This will be one of many SIs; I am not prepared to simply nod them through in future. The Government will have to face up to the fact that, if they try to nod them through, many of us will vote against them. We will not win, but the reality is that we have to show the Government that what they are doing is undemocratic and not in the interests of the United Kingdom.