Northern Ireland Protocol Bill

Debate between Baroness Ludford and Lord Ahmad of Wimbledon

Committee stage
Tuesday 25th October 2022 Lords Chamber

[Baroness Ludford (LD)]

My Lords, we heard two views earlier in the debate, which was longer than any of us expected, on the two amendments. We heard two views on whether this Bill was going to poison the chance of negotiations with the EU. One was from the noble Lord, Lord Bew, who thought it would not. I agreed with the view put forward by the noble Lord, Lord Clarke, that the Bill is extremely unhelpful to negotiations, and with the point he made about the risk of a trade war with the EU, which is the last thing we could possibly afford to risk—and I would add the prospect of undermining relations with the United States.

I noted the helpful and sensible suggestion of the noble Lord, Lord Cormack, that we get a briefing session on the negotiations, but perhaps even today we might hope that in replying the Minister can give us some flavour of the issues that the Government believe can be the peg for progress in the negotiations in, hopefully, the weeks rather than the months to come. The EU has been making suggestions for the best part of 18 months, I think—certainly more than a year—but the Government have not taken up the opportunities that have been offered, so I fervently hope that they are now going to be extremely serious about these negotiations.

I want to pick up three suggestions—which are not exhaustive—made by my Alliance Party friend in the other place, Stephen Farry MP. The first is about flexibilities in the protocol. The EU has made numerous suggestions and progress on the issue of medicines. The Government do not seem to have given much acknowledgment to the progress that was made on that subject. Perhaps the Minister might give us some idea of other sectoral issues where he thinks progress could be made.

The second suggestion made by Stephen Farry was to use Article 13(8) of the protocol, which allows the protocol to be superseded in whole or in part. Apparently, that was put in at the request of the UK Government, and it could be used to negotiate changes to the protocol by mutual agreement. Perhaps the Government could tell us whether they have any intention of invoking Article 13(8) of the protocol.

Mr Farry’s third point is one that has just been made by the noble Baroness, Lady Ritchie, and by my noble friend Lady Doocey at Second Reading. It relates to the very valuable contribution that a veterinary or SPS agreement could make, particularly to solve problems around food and agriculture, especially in the dairy industry. This offer has been on the table from the EU since the protocol was first signed, and it has been a matter of considerable puzzlement that the Government have not progressed that.

Perhaps the Minister, in replying, could give us some sort of steer on where he thinks the opportunity exists to make improvements either in the protocol itself, if Article 13(8) were to be exploited, or in the implementation of the protocol by taking the route of flexibility and additions, such as an SPS agreement.

[Lord Ahmad of Wimbledon (Con)]

My Lords, I thank all noble Lords for their contributions. I will go straight to the amendments. Amendments 1 and 70 in the name of the noble Baroness, Lady Chapman, would make the commencement of regulations under this Bill dependent on the Government confirming that they have been unable to reach a negotiated settlement with the EU and are of the opinion that all legal routes have been exhausted. I will repeat what I have said a number of times: our preference remains to resolve the issues around the protocol through talks. As I have already indicated, my right honourable friend the Foreign Secretary and Vice-President Šefčovič have already spoken a number of times to reiterate their shared commitment to finding solutions to this issue. Consequently, as I have also said already, the Government are engaging in constructive dialogue with the EU to find solutions to these problems. The Government will update Parliament on the talks with the EU at the appropriate time.

My noble friend referred to possible briefings. I cannot make the detailed commitment that my noble friend is seeking, but I will certainly reflect on his suggestion. I have just spoken to my noble friend Lord Caine about whether we could provide, as the noble Baroness, Lady Ludford, suggested, an outline at times; I certainly respect your Lordships’ insights on this. I will take that back and reflect on the proposals that have been put by my noble friend. As I said in concluding the earlier debate, to the Front Benches in particular, I assure noble Lords that I will seek to continue to update noble Lords on progress. I know that I speak with a similar commitment to that of my noble friend Lord Caine in dealing with Northern Ireland on this issue as well.

However, it is the Government’s view that we need to progress this Bill now to fix the practical problems that have been highlighted. Under these amendments, the UK would not be able to implement the solutions to the issues of the protocol while discussions with the EU were ongoing. This would mean that the EU could, for example, seek to introduce discussions indefinitely, under the knowledge that this Government would have to admit that negotiations had not reached a successful conclusion.

I am sure noble Lords would agree that we should not present ourselves with a choice between continuing negotiations indefinitely and no unilateral solutions for Northern Ireland. The Government—although I know that other noble Lords have different perspectives —have given their position as to why we feel it is necessary at this time to pursue and continue with the progress of this Bill.

We also believe that these amendments would require the Government to confirm that they have exhausted all legal routes under the withdrawal agreement before they could bring substantive provisions of the Bill into force. The Government have been clear that the Bill is justified, in our view, under international law. That is without prejudice to our position on other mechanisms available—

Northern Ireland Protocol

Debate between Baroness Ludford and Lord Ahmad of Wimbledon

Tuesday 17th May 2022 Lords Chamber

[Baroness Ludford (LD)]

My Lords, while political knockabout is tempting in the surreal circumstance to which the Government have brought us in respect of the Northern Ireland protocol, the situation is too serious and dangerous for that. The Foreign Secretary’s claim that the Government’s

“first priority is to uphold the Belfast/Good Friday agreement in all its dimensions”

does not stand up to scrutiny. The protocol exists solely because of the nature of Brexit and the hardest of hard versions that the Johnson Government and their DUP allies chose, despite the voters of Northern Ireland not supporting a Brexit of any kind. Brexit was the original sin. The Government’s choice meant that the UK and Ireland were not aligned within the customs union or the single market. The result was the need to manage the particular circumstances of Northern Ireland through special arrangements. It was impossible to have the hard Brexit cake and to eat the no-checks-across-the-Irish-Sea cherry. However, the Prime Minister and his supporters seem never to have accepted the consequences of their choices and the treaties they signed.

The protocol can be changed only by an agreement between the UK and the EU. At the time it was signed, there was still hope that the trade agreement would supersede the protocol and make it unnecessary. Hence, the Government’s impact assessment in October 2019 said:

“The Government intends to conclude a future relationship with the EU that is centred on a comprehensive free trade agreement with the EU and the outcome of this will affect the operation of the protocol.”


However, that comprehensive FTA never materialised, so the protocol—imperfect as it undoubtedly is—is still the essential best of a bad job. The Government’s announced action will put the UK in potential breach of international law. Like the noble Baroness, I will quote the Conservative chair of the Northern Ireland Affairs Committee, Simon Hoare, who quoted Margaret Thatcher as saying:

“The first duty of Government is to uphold the law. If it tries to bob and weave and duck around that duty when it’s inconvenient … then nothing is safe—not home, not liberty, not life itself.”


The Assembly election results show that a clear majority of voters and elected Assembly members not only want to see the political institutions operating immediately but generally support the protocol. This also applies to the vast majority of the business community, who also want a pragmatic, not confrontational, approach.

The dual-market access that Northern Ireland enjoys is an economic asset, but the Government are not listening to these messages. In the strong words of my friend in the other place, Stephen Farry of the Lib Dems’ sister party, Alliance, which did so well in the Assembly elections:

“This proposed action is unwanted and unwarranted. Indeed, it may prove to be counterproductive and destructive. Much of the rationale cited by the Government is disingenuous … Any action or even threat of action that takes Northern Ireland out of the single market, including disapplying the jurisdiction of the ECJ, will undermine our region”—


I repeat, “will undermine our region”—

“as an investment location. It would also lead to even greater political instability.”

These are serious words for a very serious situation.

The disingenuous nature of the Foreign Secretary’s Statement is illustrated in her assertion that

“all Northern Ireland’s political parties agree on the need for changes to the protocol.”

Of course those parties, including Alliance, which accept the protocol still want to see improvements in its operation, because it is certainly necessary to address a range of issues. However, the way forward lies in partnership and mutual agreement between the UK and EU around legal and sustainable solutions to reduce the nature and level of checks through various mitigations and flexibilities in the operation of the protocol, or via building on the trade and co-operation agreement.

I note that the Foreign Secretary says that our preference is to reach a negotiated settlement with the EU—so please just do it. One extra that the Government should pursue is a veterinary or SPS agreement; there is a clear alternative here to just whingeing about SPS checks. Can the Minister explain properly why this is not being pursued? Yes, the EU should display even more flexibility than it has already—over medicines, for instance—but it also says that the flexibilities it has proposed have not been fully explored by the UK Government, and it cannot be expected to do more when the Government display belligerence instead of co-operation and undermine trust, especially as some of the solutions involve the EU subcontracting functions to UK authorities.

To risk a trade war with the EU at a time when there is a military war in Europe and when the UK economy is weak and vulnerable is deeply irresponsible. No wonder the Cabinet is split. I hope that the necessary negotiations will be taken forward.

[Lord Ahmad of Wimbledon (Con)]

My Lords, I first thank the noble Baronesses, Lady Chapman and Lady Ludford, for their contributions and broad support—certainly from the noble Baroness, Lady Chapman—for the importance of moving forward in a collaborative and collective way and ensuring that the importance of upholding the principles, nature, context and content of the Belfast/Good Friday agreement is at the heart of this. I know that this point was also shared by the noble Baroness, Lady Ludford, and it has really been the basis of why the Government have chosen the particular pathway that I articulated in repeating the Statement.

The formation of a new Executive and a functioning Assembly—which the noble Baroness, Lady Chapman, alluded to—are, of course, the primary objectives of the United Kingdom Government. I state again that this is not about scrapping the protocol, as the noble Baroness, Lady Chapman, acknowledged; it is about fixing those elements of it which frankly are not working. They are not working for the political parties, for communities and, importantly, for businesses operating and seeking to strengthen their work across both Great Britain and Northern Ireland.

The noble Baroness, Lady Ludford, talked about Brexit and referred to Northern Ireland voting in a particular way, not for Brexit. The whole essence of the vote on Brexit was exactly what we are standing up for today: the unity of the United Kingdom. This was a UK-wide vote. It was a democratic vote—one person, one vote—the result stands and we really need now to move forward.

I also challenge the premise that, because of Brexit, our relationship with the European Union has suffered across a range of priorities. The noble Baroness, Lady Ludford, referred to Ukraine. As someone who has been involved at the heart of our response, collaboration and collective working on Mr Putin’s aggression and war on Ukraine, I assure her that our work with the European Union and our partners in Europe is in a very strong place, particularly in an area that I oversee and work on with my right honourable friend the Foreign Secretary: that of sanctions. I assure the noble Baroness that our relationship is very strong both bilaterally with countries across Europe and in the European Union context. I was pleased, as were many noble Lords, I am sure, when I heard the votes of the Eurovision Song Contest and heard Paris award the United Kingdom douze points. That reflects the strength across all cultural ties as well as what we are doing across important areas of our collaborative work.

On the issue of working with the European Union, Mr Šefčovič and my right honourable friend the Foreign Secretary have been engaged in regular meetings, both calls and direct. Indeed, in the Statement today, my right honourable friend again outlined the importance of meetings. As I articulated in repeating the Statement, in introducing the Bill, we are working in tandem to ensure that ultimately our objective is to find a strengthened partnership with the European Union based on negotiated amendments to the protocol—it is very clear that it is not working.

I look forward to working with the noble Baroness, Lady Chapman, along with my noble friend Lord Caine and the noble Lord, Lord Collins, among others, on how we move forward with the legislation. I assure all noble Lords that, in taking forward this Bill, I am someone who has at the heart of his responsibilities the importance of the international rule of law—it is something I have personally defended—and this is very much consistent with our obligations to international law. We will put forward a Statement on the Government’s legal position in due course.

On all the technical points within the protocol—the areas which are not working— we will continue to engage not just with the political parties and the EU but, importantly, with businesses to ensure that we can find the most practical and pragmatic solutions. Ultimately, the Government are making this Statement today and the proposals they have to ensure a functioning Executive and Assembly in Northern Ireland. As we have articulated —it is a point emphasised by my right honourable friend the Prime Minister—we need to act and move forward but do so always with the hand of co-operation and collaboration with the EU, and the door remains very much open for future discussions.

Shireen Abu Aqla

Debate between Baroness Ludford and Lord Ahmad of Wimbledon

Tuesday 17th May 2022 Lords Chamber

[Baroness Ludford (LD)]

My Lords, the Minister did not quite answer the question of whether he thought it feasible and valuable to have a joint investigation. The bullet is clearly an essential piece of evidence. He talks about an impartial investigation; does he believe it should be a joint one?

[Lord Ahmad of Wimbledon (Con)]

My Lords, that has certainly been put forward, and the Israeli side has called for a joint investigation. As I have said, one hopes that both the Palestinian Authority and the Israeli authorities can come to an agreement to ensure that the evidence necessary to any investigation is fully provided, so that we have that impartial investigation. One hopes that that bridge can be crossed, so that there can be agreement on the investigation.

With the indulgence of the House, I will also take the second question as the Whip indicated.

Ministers: Overseas Travel

Debate between Baroness Ludford and Lord Ahmad of Wimbledon

Tuesday 1st February 2022 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

I repeat, just in case noble Lords opposite did not hear, that I agree with my noble friend, who, thanks to her own experience in the European Parliament, has great insight into the value and importance of diplomacy at the highest level. This is a serious business. There are many noble Lords across your Lordships’ House who fully understand and comprehend the importance of ministerial travel, particularly, when it comes to senior members of the Government such as the Prime Minister and the Foreign Secretary, the importance of both security and confidentiality in the meetings they conduct.

[Baroness Ludford (LD)]

When so many people are having to resort to food banks and are terrified about the rise in the cost of living, did the Foreign Secretary not display a rather Marie Antoinette “let them eat cake” attitude?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I know and work with the Foreign Secretary and frankly, that is not a suitable remark to make about the most senior diplomat in our country. She makes very considered decisions. We are going to have a Statement on Ukraine shortly: let us just reflect on that. There are many issues of international diplomatic importance—[Interruption.] The noble Baroness has asked me a question; she should do me the courtesy, at least, of listening to the response, even if she does not agree with it.

Clergy: EU Visas and Residence Permits

Debate between Baroness Ludford and Lord Ahmad of Wimbledon

Tuesday 13th April 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

I agree with my noble friend Lord Cormack, and indeed with my noble friend Lord Hague. That is why we work very constructively, including on citizens’ rights, with the European Union. The Specialised Committee on Citizens’ Rights oversees the implementation and application of citizens’ rights; this is part of, and central to, the withdrawal agreement.

[Baroness Ludford (LD) [V]]

My Lords, the loss of free movement has harmed the lives and livelihoods of so many. Given that families and the ability to work have been severely impacted by the pandemic, are the Government considering alleviating one aspect of the childcare crisis—namely, the loss of au pairs—by providing a usable, dedicated visa route, so that this cultural exchange programme, which also assists families, can continue?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Baroness will be aware that, as part of the trade and co-operation agreement, we have agreed various protocols. There is not a specific resolution for each and every profession but, as I said in response to an earlier question, we are looking at this very constructively with our European Union friends to ensure that we can unlock any issues or particular challenges for workers, as the noble Baroness has suggested.

EU Ambassador to the UK: Diplomatic Status

Debate between Baroness Ludford and Lord Ahmad of Wimbledon

Monday 25th January 2021 Lords Chamber

[Baroness Ludford]

To ask Her Majesty’s Government what plans they have to grant full diplomatic status under the Vienna Convention to the European Union’s ambassador to the United Kingdom.

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, we continue to engage with the European Union on the long-term arrangements for the EU delegation to the UK. I do not wish to pre-empt the outcome of those discussions. I assure noble Lords that we are committed to ensuring that the EU delegation, the head of delegation and staff have the privileges and immunities they need to function effectively. We want a relationship with the EU based on friendly co-operation. The EU delegation has an important role to play in this.

[Baroness Ludford (LD)]

My Lords, this is about whether the Government are treating the new EU partnership with the seriousness it deserves, or whether they are squandering good will—indeed, being “petty”, in the words of the Conservative chair of the Defence Select Committee—at the expense of the UK’s real interests. Not only will the UK be negotiating for years to come to fill the gaps in the TCA, but any easing of the burden of Brexit red tape will require EU co-operation. Can the Minister therefore assure me that the Government are not acting in a misguided belief that they are acquiring leverage, since this will not work, and that they will grant ambassador status?

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the noble Baroness’s last point, as I indicated in my Answer, we are in discussions with the EU. I share her view: as my right honourable friend the Prime Minister has said, we want to be the best ally and the best partner to the European Union. I assure her that those discussions are being engaged in equally forcefully on our side to ensure that the outcome is optimum for both sides.

Global Human Rights Sanctions Regime

Debate between Baroness Ludford and Lord Ahmad of Wimbledon

Wednesday 8th July 2020 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, I suppose that I should declare an interest as having had a 20-year career in the City of London. I assure noble Lords that the City of London plays an important part in Britain globally, but the noble Lord is right to raise concerns about money being laundered through bank accounts. As my right honourable friend said, I assure him that part of the real sanctions that will be imposed are the asset freezes on those who commit these human rights abuses.

[Baroness Ludford (LD) [V]]

My Lords, I join those highlighting the close link between those who abuse human rights and those who are corrupt, so I was interested when the Foreign Secretary mentioned that the Government were considering how a corruption regime could be added to the armoury of legal weapons that we have. But one key tool, long promised, is to remove the ability to own property and businesses in this country through firms registered in secretive tax havens. Do the Government still intend to require public registers of beneficial ownership in British Overseas Territories only in 2023, as Vince Cable was told last year? Why is there such a lax timetable and will a draft order still be ready this December, as required under the 2018 sanctions Act?

[Lord Ahmad of Wimbledon]

My Lords, the noble Baroness raises the issue of beneficial and public registers in our overseas territories. As I have said previously, we have made commitments to ensure that our overseas territories comply. The reason for the 2023 date was to allow sufficient time for such public registers to be initiated, because it adds a requirement on every single overseas territory, some of which do not have the technical ability to do so. However, I pay tribute to some of our OTs, which have already co-operated fully with tax authorities and legal authorities through the effective operation of the exchange of notes.

Hong Kong National Security Legislation

Debate between Baroness Ludford and Lord Ahmad of Wimbledon

Thursday 2nd July 2020 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, there were several proposals there. Specifically on Taiwan, our position has not changed. We believe that the autonomy Taiwan enjoys needs to be protected, but equally it is for those on both sides of the Taiwan Strait to reach an agreement. On the noble Lord’s wider issues, we recognise, as I said at the start, that China has an important role to play on the world stage. Now is the time for China to show that it wishes to do so, but we will always make the case on human rights internally in China as well as standing up for those in Hong Kong.

[Baroness Ludford (LD) [V]]

My Lords, I too want to ask about Taiwan. It is anticipated that many Hong Kong residents, including those with BNO status, might wish to go to Taiwan. What further support and indeed recognition are the Government contemplating offering to the state and Government of Taiwan, whether to support them specifically in accommodating Hong Kong residents or more generally?

British Citizens: Working Abroad

Debate between Baroness Ludford and Lord Ahmad of Wimbledon

Tuesday 7th January 2020 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, I assure the noble Earl that of course we are working in a very pragmatic fashion with our EU partners. The political declaration, as I have already said, includes a commitment to conclude ambitious arrangements for services and investment that go beyond WTO commitments, build on recent EU free trade agreements and provide new arrangements on key service sectors, including financial services. The noble Earl will also be pleased to know that we have agreed to negotiate visa-free travel for short-term visits and arrangements for the temporary entry and stay of citizens for business purposes in key areas. This will also allow businesses to move their employees and to provide services. We are also considering conditions for entry and stay for purposes including research, study, training and youth exchanges.

[Baroness Ludford (LD)]

My Lords, the Minister talked about British citizens continuing to live their lives “broadly” as they do now, a word which could carry quite a lot of weight. Can he tell us whether the Government are addressing the issue of British residents who reside in one EU country but have been working across borders in several countries? Of course, free movement rights give them that flexibility. One thinks of translators, interpreters, the musicians that the noble Earl mentioned and those in many other professions. Are the Government addressing the challenge they face in continuing to practise their profession without having to get work permits for every country in which they might be called upon to work at short notice?

[Lord Ahmad of Wimbledon]

My Lords, the noble Baroness will know that we have agreed to protect the rights of EU citizens in the UK and we are working with our EU partners to assure UK nationals’ rights in the EU under the withdrawal agreement. Details along the lines of what the noble Baroness suggested are of course very much in the mix in the discussions we are having with the European Union. Issues of residence, the rights of workers and the issues she raised in the music industry, where people are often self-employed, are very much part of the discussions we will continue to have and will be among the details that emerge from the political declaration, as has already been stated.