Protocol on Ireland/Northern Ireland (EUC Report)

Baroness Suttie Excerpts

Monday 13th September 2021 Grand Committee

[Baroness Suttie (LD)]

My Lords, I too congratulate both the European Union Committee and the new Sub-Committee on the Protocol on Ireland/Northern Ireland on producing two excellent, balanced and detailed reports. I also add my thanks to the staff, not least Christopher Johnson and Stuart Stoner, for the work they continually do on these committees.

I had the privilege of serving on the EU Committee for four years with the noble Lord, Lord Jay, and the noble Earl, Lord Kinnoull, and, indeed, went on an excellent fact-finding visit to Dublin, Belfast and Derry/Londonderry shortly after the referendum. The European Affairs Committee and its sub-committees do an extremely important job and have produced some excellent and highly detailed reports since Brexit. It is perhaps a shame that the Government do not always pay quite as much attention to their findings as I believe they should. It is also testimony to the finely tuned diplomatic skills of the noble Lord, Lord Jay, that he has managed to produce such a balanced report from what we might call a diverse membership with such a wide cross-section of views.

Back in December 2016, the House of Lords European Union Committee published a report on UK-Irish relations following Brexit, highlighting the potential issues that would be faced politically and economically by the people on both sides of the border on the island of Ireland. That report also regretted that there was not a more honest debate about these issues during the referendum campaign.

In debating the current post-Brexit situation in Northern Ireland, it is hard not to repeat the simple fact that the Government promised three fundamentally incompatible things: no north-south border, no east-west border and their insistence on their red line that we had to leave both the single market and the customs union. It is also worth recalling that the Northern Ireland protocol we are debating today is the Government’s own policy and that it was their choice to sign up to it in order to “get Brexit done”. However, to coin a phrase, we are where we are. It is equally important to try to find a way to move the debate forward.

As other noble Lords have already indicated, quite a lot has happened since both the committee reports we are debating today were published—not least the publication in July of the Government’s own Command Paper on the protocol. At the end of last week, we also had Commission Vice-President Šefčovič’s visit to Northern Ireland, where there were some very welcome changes of tone.

I will concentrate my remarks this afternoon on three areas raised by the sub-committee’s introductory report. The first point is the very urgent need to reach agreement on a UK-EU SPS/veterinary agreement. As paragraph 246 of the introductory report states,

“an SPS/veterinary agreement of any form is manifestly in the interests of Northern Ireland”.

Does the Minister agree with the report that not to reach such an agreement, when it would make such a positive difference to the lives of people in Northern Ireland, would indicate that the Government consider regulatory sovereignty a higher priority than political and economic stability in Northern Ireland? Can he further say whether there are areas he may be willing to compromise on to reach such an agreement?

The second theme that I would like to highlight from the report—already raised by the noble Lord, Lord Jay—is trust. Paragraphs 317 and 318 highlight the importance of the dialogue and political leadership over several Governments and many years that helped bring about the Good Friday/Belfast agreement. That dialogue, trust and constructive leadership have sadly been lacking in the last five years since Brexit.

There was a welcome change of tone, as I have referred to already, from the European Commission Vice-President last week, when Mr Šefčovič ended his visit by saying that the EU was not looking for a political victory in Northern Ireland. I hope that the Government will adopt a similar tone. The business community and the majority of the wider community in Northern Ireland want certainty and solutions rather than dialled-up rhetoric. For there to be trust, there has to be a level of openness and transparency that has been very much lacking up until now.

In an extremely thoughtful article in response to the publication of the Government’s Command Paper in July, Professor Katy Hayward from Queen’s University highlighted some of the political consequences in the months ahead—in particular, that the protocol will inevitably feature heavily in next year’s Assembly elections. In their dialogue and negotiations over the next few months, I hope the Government will factor in the potential impact of these negotiations, as well as their tone, on the forthcoming Assembly elections. The Government’s July Command Paper highlights that the lack of unionist and loyalist buy-in has brought tension into the Executive and Assembly, but the Government never publicly acknowledge that there is a parallel lack of buy-in to the whole Brexit process from the majority of Northern Ireland voters.

My third and final point follows on from this: that is, the need for enhanced political dialogue and inclusion at all levels. As paragraph 205 rightly states:

“There is a widespread perception that the Protocol was imposed on Northern Ireland without meaningful engagement with its communities, and without a full and transparent explanation of the impact it would have.”


There has also been extremely little done to sell the potential positive benefits of the protocol for Northern Ireland, with its unique access to both EU and British markets. Can the Minister say whether the Government intend to provide an information campaign on these potential benefits and how they plan to improve dialogue with all sectors in Northern Ireland, including civil society? As we approach the next stages of negotiations ahead of the end of the various grace periods in the weeks and months ahead, will the Minister give very serious consideration to the proposals contained in paragraph 269, which sets down some very constructive suggestions for strengthening Northern Ireland’s influence within both the UK and the EU?