Windsor Framework (Democratic Scrutiny) Regulations 2023

Baroness Suttie Excerpts

Wednesday 29th March 2023 Lords Chamber

[Lord Weir of Ballyholme (DUP)]

My Lords, I support the amendment in my noble friend’s name. I welcome some of the remarks of the noble Lord, Lord Bew. It is good to know that we have achieved such success with this agreement that we are at least better than Vichy France. That seems to be setting a very high bar, which fortunately enough we have overcome. I also say that it is abundantly clear, and I shall deal with this, that a lot of the problem around this is the issue of spin.

Anybody who takes even a cursory examination of the seven tests that the DUP put down will see that they are not met. Issues around the Act of Union, around the consent principle and around the democratic deficit, and even around the diversion of trade, are not met. Anybody, for instance, who takes time, post-Windsor Framework, to meet the haulage industry and hear it tell not only of the problems but of the many millions of pounds it is spending in anticipation of additional diversion once the grace period ends will see that that is not the case.

Like my noble friend Lady Foster, I was recently appointed by my party leader to the Windsor Framework panel. I should say, for the avoidance of doubt, because there has been a little misconception, that our job is to listen to what people are saying and to consult a wide range of groups. We are doing that. The situation is ongoing but soon to come to a conclusion. It is not, as has sometimes been alleged, some form of Star Chamber panel, or indeed intended to produce a recommendation. That may disappoint some who hear that news. Others, by the end of my speech, may be mighty relieved that we have not been given that role; nevertheless, that is the role that we are performing.

I want to concentrate, as discussions are ongoing, on the plethora of obfuscation, contradictory documents and oversell that have been the hallmarks of the Government’s approach since the signing of the Windsor Framework. Noble Lords will note that I do not accuse the Government of being deceitful on the Windsor Framework. To accuse this Government of being deceitful would be utterly ridiculous. We know, over the last number of years, that this Government, particularly in the other place, have been a paragon of virtue; they have held aloft the bright light of truth and probity, so no one could make any accusation of deceitfulness towards this Government stick. So, I will concentrate on the other aspects.

On obfuscation, mention has been made already that on the day, I think, that the Windsor Framework was reached, in another place the Prime Minister on a number of occasions said that if there was clarification to be given, he would give it. Yet, as my noble friend Lord Dodds said, a number of us have put down question after question on, for example, the 1,700 pages, the 300 areas of law, or the 3% that is claimed, and we have got, in terms of answers, no real clarification. And it is not simply in a parliamentary fashion: again, if you talk to people in the haulage industry, who are probably the people at the sharpest end of this issue—they are the people who, whatever happens, will have to implement what is there—they will tell you they have myriad questions, as indeed the noble Lord, Lord Hain, did today, that remain unanswered. Yet we see this statutory instrument pushed through very quickly, before we know what the answer to those is.

On the issue of contradictory documents, anybody who takes the time to read the Command Paper and the proposed EU laws will see myriad differences across a range of areas. Gerald Kaufman referred to the infamous 1983 Labour manifesto as the longest suicide note in history. This Command Paper may be the longest press release ever written, and it does not seem to bear a great deal of similarity to the EU text. At the end of the day, I do not know exactly where the truth lies, but it is not helpful to have these contradictory messages.

We have been faced with a level of oversell. As the noble Baroness, Lady Foster, said, a much better judgment could be made if it was put before us warts and all, for example on the green lanes. I am sure that noble Lords have experienced green lanes when going through airports unchecked and untroubled. The Command Paper tells us that the level of paperwork required to transport goods through the green lane would be the equivalent, for example, of that required to transport goods between Southampton and the Isle of Wight. Yet we know that information will need to be given, albeit a reduced amount, and customs declaration forms put in place; as time moves on, between 5% and 10% of goods will have checks on them; lorries will need to be sealed and their movements monitored, so they cannot move about. If the Government were arguing that this was a lighter-touch version of what was proposed, it would have some credibility, but it is an oversell to pretend that this is frictionless trade.

We were told in a government social media message on the significant issue of transporting guide dogs, one of a series, that things were now an awful lot easier and how wonderful it is that dogs can move from Northern Ireland to Great Britain. It is, but to make that claim is to say that we should be very grateful for being permitted, within our own country, to move pets about. Not only do many of us find that a bit offensive but it is entirely counterproductive from the Government’s perspective, because it builds up resentment in the psyche of the people of Northern Ireland over something that so obviously should be done.

In selling this deal, the Prime Minister came to Lisburn and said that not only would there be a level of advantage to it but that Northern Ireland would become

“the world’s most exciting economic zone”.

One can draw two conclusions from that. Clearly, it was tying in Northern Ireland to follow the rules of the single market and have access to it while having access to the UK market—effectively, being in a unique position. Either he was overhyping that in a desperate attempt to oversell it, or he genuinely believes it. If it is the latter, why is he not advocating a similar position for the whole United Kingdom? Many noble Lords who might take a slightly different view of Brexit from me would say that the whole of the United Kingdom should be in the single market, or it should never have left the European Union in the first place. We need to know whether the Prime Minister supports that view, because that is the logic of what he said in Lisburn—assuming that he is not simply trying to oversell it.

This brings me to the Stormont brake. For its provisions to be operable, there are a large range of hurdles to be overcome that might challenge even Sally Gunnell or Kriss Akabusi. The Secretary of State told us that the Government would be bound to veto anything brought forward from Northern Ireland, but there is plenty of wriggle room within that. If the Government were saying of the Stormont brake, “This is an opportunity for Members of the Assembly to raise issues and concerns”, that could be acknowledged as correct. However, it is not a Stormont veto. The problem with what the Government have said on this is that it is yet another example of overselling.

We want to make progress. We need the Government to deliver something that properly deals with a range of issues: to ensure that the consent principle, as enshrined in the Belfast agreement, and the internal market of the United Kingdom are properly restored; to deliver arrangements with frictionless trade, as the Government promised of the Windsor Framework; to make sure that there are effective mechanisms to ensure that Northern Ireland does not diverge economically from the rest of the United Kingdom and that those opportunities are still there; and above all—this is crucial to unionists—to ensure that the Act of Union is properly restored. Those are reasonable demands. We are being treated a bit like some distant province in the Roman Empire. However, these are not things that the mighty Caesar needs to deliver; they lie largely within the competence of the Government.

I mentioned Lord Trimble in my maiden speech. One of my earliest meetings with him, as a student, was as part of a team working with him on a publication he was producing to analyse the governance of Northern Ireland. Its title was Ulster—The Internal Colony. More than 30 years later, Northern Ireland is still being treated as a colony. Let us see not just words but action and legislation from the Government to enable proper progress, because what we have at the moment is totally inadequate.

[Baroness Suttie (LD)]

My Lords, it is probably time to move on to the concluding speeches, as we have heard from every DUP Peer present. This has been a thoughtful and comprehensive debate. Like the noble Lord, Lord Lilley, I have agreed with bits of many speeches—although, I suspect, slightly different bits from the noble Lord—and it has shown some of the strengths and weaknesses of how we debate in this Chamber.

These Benches welcome the Windsor Framework and will vote against the amendment to the Motion if there is a Division. As noble Lords have said, the framework is not perfect—far from it. To quote the noble Baroness, Lady Foster, we would not have wanted to start from here. However, it is a significant improvement on the original Boris Johnson deal. Perhaps most importantly, I sincerely hope the Windsor Framework marks the beginning of a normalisation of our working relations with Brussels, as the noble Lord, Lord Robathan, said—a return to negotiation and constructive dialogue rather than the threats and bad faith that have characterised the last three years during the Boris Johnson and Liz Truss era. In that respect, I agree with the short but powerful speech of the noble Lord, Lord Lexden.

It is also welcome that, as a result of the negotiations, progress has finally been made on veterinary, sanitary and phytosanitary measures, which we have been calling for consistently from these Benches. The vote last week in the House of Commons was overwhelming: 515 to 29. Although it was nominally about the Stormont brake, which we are debating today, in reality it was a vote on the wider Windsor deal. It is in that spirit that I will focus my remarks today.