Northern Ireland Border

Debate between Hilary Benn and George Eustice

Thursday 3rd February 2022 Commons Chamber

[George Eustice]

My right hon. and learned Friend knows from experience that the UK Government have considerable patience for negotiation in order to reach agreement and sensible pragmatic settlements in these areas. He is absolutely right that we seek and would prefer a negotiated reform of the way the protocol is interpreted, and that is what my right hon. Friend the Foreign Secretary is working on, but I hope I have given an explanation on a number of occasions now about the perspective that Edwin Poots brings to this and why he has acted in the way that he has. I hope my right hon. and learned Friend will also understand that there is a difference between things we are responsible for in international law and things a devolved Administration are responsible for implementing under the devolved devolution settlement that we have.

[Hilary Benn (Leeds Central) (Lab)]

It should be a cause of great sadness to all that the act of leaving the EU continues to cause such business and political instability in Northern Ireland. I have listened very carefully to what the Secretary of State had to say and think he was arguing that, while it may indeed be the case that the administration of SPS checks is a matter for the Northern Ireland Executive, the legal obligation under the withdrawal agreement and Northern Ireland protocol to ensure checks are done falls upon the UK Government. So, if the checks do stop, do the Government intend to use their powers under section 26 of the Northern Ireland Act 1998? He talked about a high bar; may I briefly read to him what it says?

“If the Secretary of State considers that any action proposed to be taken by a Minister or Northern Ireland department would be incompatible with any international obligations…he may by order direct that the proposed action shall not be taken.”

[George Eustice]

Of course the Secretary of State may direct, as the right hon. Gentleman points out, but for all the reasons I have given—for all the reasons that we understand—the bar for using such reserve powers is high. At the moment, checks are continuing. There is no breach, and the Government judge that at this stage, the right thing to do is appeal to the power-sharing Executive in Northern Ireland to find a way through this.