Northern Ireland Protocol Bill

Baroness McIntosh of Pickering Excerpts

2nd reading
Tuesday 11th October 2022 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

I regret the Bill before us this evening. On its passage through this place, I will oppose the provisions in it, on both legal and political grounds.

My starting point is that we cannot resile from or breach an international agreement that we freely entered into only three years ago. Moreover, the protocol is not a standalone agreement. It forms the centrepiece of the EU withdrawal agreement. By pursuing this Bill today, we risk reopening the whole agreement on which we left the European Union. In summing up the debate, what assurance can my noble and learned friend Lord Stewart, the Advocate-General for Scotland, give us that there will be no retaliatory measures following the passage of this Bill? I do not believe that he or the Government are in a position to do so. What I fail to understand is why those on these Benches who negotiated the protocol and the EU withdrawal agreement now jeopardise the very foundations on which they were built.

Politically, I welcome the positive engagement that the Prime Minister has undertaken with our European neighbours in attending the Prague summit of the European Political Community. I welcome the fact that—as my noble friend Lord Ahmad said in a conversation that I am pleased he took the time to have with me yesterday—the mood music has indeed changed. He gave an assurance to the House today that technical discussions on the protocol between the UK and EU have commenced, with a view to resolving the issues where they are not seen to be working under the protocol. I note that, in his words, the tone is cordial and that substantive practical measures are being considered.

The economy of Northern Ireland has flourished in the past three years. The economic activity has increased at a higher rate of GDP than that enjoyed in the rest of the United Kingdom. There must be a reason for that, and I suggest that it might be that Northern Ireland remains within the single European market.

As my noble friend Lord Howard put to the House this evening, the doctrine of necessity is not appropriate in the context of this Bill. Perhaps that legal basis has been chosen so that the Government can adopt a select, pick-and-mix approach to those areas where they believe that the protocol is not working, as opposed to those areas where they believe that it is working quite well. The fact that Article 16 has not been chosen as the legal basis proves in my view that the protocol has not fundamentally broken down.

I associate myself entirely with those such as my noble friend Lady Altmann and others in the Chamber today who have said that the Bill will allow an unacceptable level of delegated legislation. I also support the comments made by the noble Baroness, Lady Doocey, who described the mess of dual regulation that will flow from the provisions of the Bill before us this evening. I share her concern for what the Bill will mean for dairy movements between Northern and southern Ireland. I will add that there are other implications for farmers. I ask my noble and learned friend the Minister why the trusted trader scheme, the digital customs arrangements and data sharing have never been realised; why the principle of equivalence has never been agreed, to the detriment of many UK exports; and why the nonsensical prohibition of exports of seed potatoes into the EU and Northern Ireland from Britain remains in place.

Never in recent history have there been more pressing reasons for co-operation between European nations, because of the hostilities in Ukraine and the global threats to energy and food security. I urge the Government to prioritise negotiations on the protocol over the provisions of the Bill and to pause their proceedings after Second Reading today. I sympathise with the arguments put forward on democratic deficit by the noble Lord, Lord Dodds, and other noble Lords—who I consider noble friends—on the Democratic Unionist Benches. Those arguments were as valid at the time that the protocol was adopted as they are now. Perhaps the tragedy is that the Government of the day forged ahead with what this Government now consider to be, in part, a flawed agreement.

Negotiations are a two-way process. I very much welcome that current negotiations have commenced. I cannot support the Bill this evening. I will give it a Second Reading but I hope that it goes no further at this time. I urge the Government to think again and pause the Bill after today.