Protocol on Ireland/Northern Ireland: Follow-up Report (European Affairs Committee)

Baroness Ludford Excerpts

Monday 11th September 2023 Grand Committee

[Baroness Ludford (LD)]

My Lords, I also applaud the excellent work of the Northern Ireland sub-committee under its chairman, the noble Lord, Lord Jay. Its report on the Windsor Framework summed up the situation. The Windsor Framework is the latest attempt to manage the implications of Brexit for Northern Ireland and, in my words rather than the committee’s, I would say that it is the best of a bad job. The noble Lord, Lord Frost, called it a “sticking plaster”, and I agree with him—but our aspirations for a final destination radically differ.

The fact is that we should not have started from here. One major reason to aspire to at least re-entry to the EU single market for the whole of the UK is to solve the problem of barriers between the different parts of our country. The problems come not from the protocol or the Windsor Framework but from Brexit. My noble friend Lord Alderdice referred to its predictable consequences, and the Financial Times journalist, Peter Foster, recently said that

“the original sin remains the prioritisation of a clean-break Brexit over the stability of the Union”.

That is a serious, but in my view justified, charge.

The proponents of Brexit, and particularly those who forced through a hard Brexit, which rejected staying in the EU single market and customs union, gave little if any thought to the effect on Northern Ireland, the Good Friday agreement or the relationship in these islands, which was shameful. If only those who advocated Brexit had given thought to the implications of creating not only economic problems but further political tensions in Northern Ireland after several decades of things seeming to settle down somewhat. The committee noted that the continued application of EU law in Northern Ireland remains politically contentious and—rightly, in my opinion—urges that, in view of these political tensions, the obligation on the UK and EU is for them both to be fully transparent with Northern Ireland stakeholders over the consequences of what they have agreed under the Windsor Framework. As the noble Lord, Lord Jay, mentioned, the committee urged publication of a consolidated text of the protocol as amended by the Windsor Framework. I hope that the Government are doing that—I have not yet had the opportunity to read their response.

It is an uncomfortable fact that, as the report on the Windsor Framework notes, stakeholders argued that, for many businesses, the movement of goods is likely to be more burdensome than the protocol as it has operated to date with various grace periods and easements in place, and that there are concerns that the ability of retailers based in Great Britain to use the green lane to supply the Northern Ireland market could place Northern Ireland businesses, which still need to comply with EU rules for goods, at a competitive disadvantage in their own market.

Views differ on the Stormont brake. In the view of Professor Catherine Barnard, it is something of a nuclear option to be threatened but not used. Indeed, in her opinion, it will very rarely be used. Professor Fabbrini of Dublin City University said it is a

“tailor-made way for Northern Ireland to object to future internal market laws”.

Note that he did not say to “veto” them. He warned against unrealistic expectations. He added:

“the Stormont Brake creates huge pressure for the Northern Ireland Executive to be restored because the mechanism can only be applied if the First Minister and deputy First Minister are in place”.

My noble friend Lord Thomas of Gresford mentioned that point.

The noble Lord, Lord Jay, stressed how the avoidance of divergence in regulation is the top priority for business, while the noble Lord, Lord Frost, said that he and Mr Johnson had hoped that divergence would break the protocol. I think I have quoted him accurately and apologise if I have not. I think that developments suggest that alignment might be winning the day, and I hope that that will be the case.

Can the Minister explain if and how the conditions for trade in halal and kosher meat have been eased and tell us whether the respective Muslim and Jewish religious authorities feel that they can now cater to the requirements of their communities in Northern Ireland? The problems with veterinary and agri-food products will be eased by an SPS agreement. The FT’s Peter Foster, to whom I have already referred, reminds us that in 2021 even the DUP, in the person of Edwin Poots, wanted such an SPS agreement.

Finally, can the Minister give an update on discussions with the Northern Ireland Human Rights Commission on whether issues regarding the application of Article 2 of the protocol on human rights and equalities matters have been satisfactorily resolved?