Northern Ireland Protocol

Earl of Kinnoull Excerpts

Wednesday 21st July 2021 Lords Chamber

[Lord Frost (Con)]

My Lords, it is clear that the balance we have in the protocol is not working at the moment, and I have explained why on many occasions. The issue raised by the noble Lord is one reason why we think changes to the governance arrangements in this protocol are so important. It simply does not fit with the reality of the situation to have laws imposed and policed by institutions outside the UK territory and subject to the judgments of courts that are not courts of the UK. If we can agree that—I recognise that it is a significant point—I think we will find some of the problems raised by the noble Lord beginning to melt away.

[The Earl of Kinnoull (CB)]

My Lords, there are 32 committees set up under the TCA and the withdrawal agreement, only three of which are directly relevant to the Ireland/Northern Ireland protocol, leaving 29 that are not—presumably now 30, given the overnight news on Gibraltar. Does the Minister share the concerns of many that the trust problems that are taking place within the Ireland/Northern Ireland protocol might leak across to these other 30 forums, which would be most unfortunate? If he shares those concerns, what are the Government doing to address that?

[Lord Frost (Con)]

My Lords, where there are trust problems between us and the European Union, they stem ultimately from the issues that we have on the protocol. I agree 100% with the noble Lord that we must try to nip that in the bud and stop it getting in the way, in a durable way, of the rest of the relationship. The issue of Gibraltar that he raises obviously is a dispute about a different issue. There are analogous elements, but it is important to keep these things separate. The mandate that the EU agreed yesterday does seem to be problematic in a number of ways, as my right honourable friend the Foreign Secretary made clear yesterday. But I do not think it makes sense to connect one thing with another. We deal with each of these issues on its own terms and try to proceed in a constructive way.