Good Friday Agreement: Impact of Brexit

Lord Adonis Excerpts

Thursday 11th October 2018 Lords Chamber

[Lord Adonis (Lab)]

My Lords, it is a privilege to follow the noble Lord, Lord Trimble, who was so deservedly awarded the Nobel Peace Prize with John Hume. Like the Minister, I have had the great pleasure of getting to know Ireland far better in recent months as we have grappled with Brexit. As a historian, I have always been alive to the terrible historical relationship between England and Ireland and to the largely depressing and deplorable history of Northern Ireland since its creation a century ago at a time of war and strife. Spending time in Ireland, north and south, has brought home to me the remarkable progress made in the last 25 years since Sir John Major and Albert Reynolds began negotiations to bring peace to a land ravaged by terrorism and violence, a process which led to the 1998 Good Friday agreement and power sharing.

However, my time in Ireland has brought home to me how precarious are the peace process, the prosperity of Ireland and Anglo-Irish relations. I tell the Minister frankly that almost everyone I meet says that relations between the British and Irish Governments are worse than at any time in living memory. The Government’s Brexit negotiating tactics, seeking to undermine and denigrate Dublin in Brussels, Paris and Berlin, has done deep damage. After nearly two years there is still no functioning Assembly or Executive in Northern Ireland, the longest period any democracy has been without democratic institutions in modern Europe.

The Government are substantially to blame for this, in my view. The Prime Minister has paid less attention to Northern Ireland, spent less time there and played less of a role of honest broker than any recent Prime Minister, and she is now seen as an open partisan of the DUP and its leader, Arlene Foster. In July, when I was in Belfast at the same time as the Prime Minister, she was never seen without Mrs Foster in attendance. Her speech in Belfast on 20 July, which disowned Sir John Major’s statement with Albert Reynolds that Britain has no selfish or strategic interest in Northern Ireland, and also disowned the provisions to protect Northern Ireland that she agreed in Brussels last December, is in my view the single worst speech or intervention on Northern Ireland by a Prime Minister since the start of the peace process.

Short of renewed violence in Northern Ireland, this debate could not have a bleaker backdrop. The question is whether we are going to make things worse still. That turns on whether Brexit happens. Any Brexit will do deep, lasting and probably irreparable damage to Anglo-Irish relations. From what both unionists and nationalists tell me in Northern Ireland, the result there will almost certainly be a prolonged constitutional crisis, which in a small number of years will probably result in a referendum on the creation of a single Irish state, with all the difficulties that that will entail. My view on this is the same as Sir John Major’s: the United Kingdom has no selfish or strategic interest in maintaining British governance in Ireland, and if it is the will of the people of Northern Ireland to create a single Irish state, this Parliament and this kingdom should enable that to happen with generosity and statesmanship.

However, if Brexit happens, its form—particularly the provision of the backstop on the border—is crucial to limit its damage. On the principles involved, let me say two things. First, what we should be thinking about is not “no hard border”, but “no harder border”. It is perfectly possible to have no hard border, regarding new border infrastructure, while in practice having a much harder border, regarding mobile checks and searches, and regulatory divergence which stifles trade and interactions across the border. This is certain to happen with any Brexit, but obviously the less so, the better. The best possible arrangement would be a backstop in operation that ensures Northern Ireland retains full membership of the customs union and the single market.

Secondly, let me turn to the Good Friday agreement. A lot is said, particularly by the DUP, which never supported the Good Friday agreement and still does not in reality, about it not specifying specific no border requirements. However, the whole philosophy of the Good Friday agreement is for no hard border, and a progressively softer border to encourage trade, prosperity and interaction. How else can one possibly read the preamble to the Good Friday agreement, which says in paragraph 3:

“We are committed to partnership, equality and mutual respect as the basis of relationships within Northern Ireland, between North and South, and between these islands”,


or in paragraph 5 that,

“we will endeavour to strive in every practical way towards reconciliation and rapprochement”,

or in strand three of the Good Friday agreement in the declaration of Rights, Safeguards and Equality of Opportunity, which refers to,

“the right to freely choose one’s place of residence”,

and,

“the right to equal opportunity in all social and economic activity”?

This leads me to four specific questions for the Minister. First, it is vital to prevent a new border for goods, or border-type arrangements for goods, by ensuring Northern Ireland remains in the customs union without time limit, unless there are equally frictionless border arrangements negotiated in place of the customs union. Is it still the Government’s policy that Northern Ireland should stay in the customs union or an equivalent arrangement without time limits?

Secondly, regulatory divergence will inevitably suppress existing and new trade and interaction. Last December’s joint report provided for full regulatory alignment between the Republic and Northern Ireland. Can the Government reaffirm that this too will be part of the backstop?

Thirdly, last week the Prime Minister announced that the freedom of movement of people will be abolished when we leave the European Union and that much existing freedom of movement, particularly of low-income migrants to the UK from the mainland, will no longer be allowed. What does this mean for the border within Ireland since, under this new immigration regime, the Irish border will inevitably become a major source of illegal immigration? What will the Government’s post-Brexit policy be to tackle illegal immigration across the Irish border and will it be possible for such a policy to be in place without checks or searches of some kind, either at or near the border and/or between Northern Ireland and Great Britain?

Fourthly, there is the timescale for Parliament to consider the extremely serious and grave issues which will be in the withdrawal agreement. How long will the Government give Parliament to consider the implications of a withdrawal agreement before it is voted upon? There is growing concern that Parliament will be railroaded by the Government into voting on Brexit within days of the signing of a provisional withdrawal agreement, after the European Council of this month or next. This would be frankly disgraceful. Parliament typically requires a standard 12-week consultation period not only for new policies but even for the most minor of regulatory changes. Similarly, local councils are given eight weeks to determine planning applications. Yet we are told that the parliamentary votes on the most important issues to be decided by Parliament in this generation—whether we leave the European Union; whether there should be a people’s vote; and whether the exit terms are acceptable—could be held within a few weeks or even days of the Prime Minister publishing a draft treaty.

Attlee famously said that democracy is government by discussion. There can be no credible or properly democratic decision-making by this Parliament on Brexit unless MPs and Peers have sufficient time to study and discuss the Brexit terms and to seek advice and views from the public. In conclusion, will the Minister tell us how long the Government will provide for consultation between the publication of a withdrawal agreement and the parliamentary votes? If it is less than eight weeks—I am bringing my remarks to a close—I tell him that there will be very serious concern in this House and the country that the whole process is fundamentally illegitimate.

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[The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Duncan of Springbank) (Con)]

My Lords, I always come to the Dispatch Box with a prepared speech, but I always find, during the first half of the debate, that while that preparation may have been broadly useful, it is not necessarily instructive. I find myself again paying tribute to the noble Lord, Lord Dubs, for calling for this debate at this time. Perhaps now more than ever, this is the critical aspect of the ongoing negotiations between the UK and the EU.

Let me try to find a way to begin the journey into the discussions we have had. The Belfast/Good Friday agreement is an historical document; it is history, and as the noble and right reverend Lord, Lord Eames, has reminded us, we cannot rewrite that history. There is a quote from Seamus Heaney that is helpful here:

“If you have the words, there’s always a chance that you’ll find the way”.


That is where I believe we are right now. There is no doubt that, in this House, support for the Good Friday agreement is solid and sure. I am always seeking out synonyms for “steadfast” and “unwavering”, so I will add “abiding”, “unfaltering” and “resolute”, to the vocabulary I used the last time we discussed these issues. The key thing about the Good Friday agreement is that it brought about change for the good. Many noble Lords in this House were the mechanics who were instrumental to ensuring that that change could be put into writing. That in itself is an extraordinary thing.

There has been a peace dividend from the agreement. As the noble Lord, Lord Browne of Belmont, reminded us, anyone who has spent time in Belfast of late can cast their eyes towards the horizon and look at the cranes and gantries being used to build a new Belfast. I stood on one of the upper floors of Ulster University looking at the extraordinary investment being made in the future of the young people not just of Northern Ireland, and not even just of Europe, but across the globe as the university recruits the brightest and the best into Northern Ireland. That is an extraordinary thing.

The noble and right reverend Lord, Lord Eames, has been paying attention. It is indeed my first anniversary in the job. As many noble Lords will be aware, the traditional gift for an anniversary of one year is paper, and I can think of no greater paper than the White Paper which has been put forward by the Government—I gently segued that in there. But in modern parlance, the gift now being given is not paper; it is a clock. Who could think of a more telling metaphor right now than the clock as it ticks its way towards that point next March when we will reach the end of our current relationship with the EU and begin to forge a new relationship with the EU?

There has been talk in the debate of the backstop position. The backstop position, mentioned in the joint report published in December last year, has been parsed, examined and marshalled in different ways. Let me stress at the outset that the first and most important aspect of the backstop position is that it should never need to be used. The backstop is there to provide a safety net for the discussions, during which we can forge that new relationship with the EU and, as the noble Lord, Lord Murphy of Torfaen, reminded us, importantly, with Ireland itself.

I concur wholeheartedly with the noble Lord’s view that the bilateral discussion between Ireland and the UK should have been more significant. Whatever way one wishes to look at this, the EU 27 will be able to negotiate strongly together, but the island of Ireland itself is at the heart of this: it is where the rubber meets the road; it is where the border is a counter between the EU and the UK. Those discussions should have been prioritised alongside the others. They should certainly have been there.

As we consider that we are in the middle of negotiations—actually, we are not in the middle anymore, let us be frank; we are probably past the final furlong post and now in the home stretch—noble Lords will be aware of the elements of the current Chequers arrangement. That seeks to find a means to secure a common rulebook for agri-food produce and manufactured goods—again, this is the bulk of the trade which crosses the land border and, indeed, the sea border between Ireland and the UK.

Now the position which the Prime Minister has adopted has been published and is available, and the question is: what emerges then from those negotiations with the EU? There have been various different noises, all from various comments being passed, but the clear thing right now is that an agreement is in everyone’s interest. As a number of noble Lords today have pointed out, we would suffer and struggle through a bad or no-deal Brexit—there is no question of that. Ireland, too, would be at the sharpest point of its experience. It too would suffer and struggle through that particular process.

Indeed, that is why the backstop position is there: to ensure that, should we not in this particular moment be able to secure the appropriate relationship, the UK as a whole—not divided up across any internal borders—remains within the customs union until such time as we can secure the appropriate, developed, sensible relationship between the EU 27 and ourselves. Let us hope we do not need that backstop, because, at the present moment—

[Lord Adonis]

Did the noble Lord just say that the United Kingdom as a whole will stay in the customs union until such point as a future trading relationship has been agreed which is satisfactory to the Republic of Ireland?

[Lord Duncan of Springbank]

I did not say, “which is satisfactory to the Republic of Ireland”. I said that the situation is that, if we are unable to secure an agreement, we would then need to invoke the backstop as it was drafted in the joint report, which was published in December 2017 and is still available. That backstop position is clear: we will not allow one part of the United Kingdom to remain in some union with the rest of the EU 27 while the rest of the UK is not in such alignment. There needs to be a position whereby the UK as a whole experiences no internal divisions, no internal borders, no means which restrict the flow of goods or services across the Irish Sea or across the Irish border.

The key aspect of this, and the core aspect, is to negotiate and deliver a settlement which means that the backstop is just historical, a document which you can read, but which has never been invoked; which is instructive about our engagement with the process, but is not being moved forward because it is simply an historical document.

It is important that we recognise that Northern Ireland will remain a part of the UK, based upon the principles of consent enshrined and framed within the Good Friday agreement. Again, nothing will influence or change the language of that agreement. At that time where there is a movement in the province of Northern Ireland, the Good Friday agreement will support that movement in that particular direction. That was its purpose. That was why the agreement was so subtle and so clever in putting together that particular aspect.

It would be useful for me to spend a moment or two talking directly about the four questions which were raised by the noble Lord, Lord Adonis, because they were, in some ways, instructive. I believe I have answered the first, the question about whether Northern Ireland will be in a customs union while the rest of the UK is outside, even if only on a temporary basis. The answer to that is no.

Regarding suppression of trade, or any of these aspects, the ambition right now is to ensure that that soft border remains until such time as it is replaced by the appropriate relationship between the 27 and the one—between the UK and the remainder of the EU.

Regarding freedom of movement, there has been talk again of the common travel area. As a number of noble Lords have noted, this dates back to 1922. It will not change, and it will allow the freedom of movement of people within the island of Ireland. Now, I see the noble Lord, Lord Davies, looking quizzically at me, because he asked a very different question about that, which was about what then happens if you find an EU national who, by one means or another, finds himself in Ireland with the freedom, then, to cross the border into the north. I may be paraphrasing slightly, but I believe that is the core of it. In truth, there is a risk of that today. That is why the intelligence shared between Belfast and Dublin is so strong.

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[Lord Duncan of Springbank]

Schengen is an important aspect, but I do not believe that Bulgaria is part of the Schengen arrangement as yet, nor is Ireland. Ireland would be responsible for tracking any individuals who cross into it as a third country, because that is broadly what they are able to do. If somebody held a Bulgarian passport, that would mean that their ability to find work in this country would be subject to the various immigration restrictions which pass for that particular passport. That is how it would work in practice. I would like to make a little bit more progress on some of the other points.

The final question which was asked by the noble Lord, Lord Adonis, was how long the Government will give. I could be clichéd and say, “sufficient time”, which would be correct, in that sufficient time will indeed be given. The important thing is not to create some sense of bounce, so that the democratic institutions of this country are somehow or other caught off-guard, and, lo and behold, in the darkness of night, we are looking backwards to discover something has happened in the rear-view mirror. That is not the intention, nor the ambition. I do not doubt that the noble Lord, Lord Adonis, will make that point strongly in many other good offices as well. I think that the key thing here will be that adequate time is given to ensure that what emerges from the negotiations that will take place over the next few months will be brought back here, to the other place and to this particular Chamber, for full debate and discussion. I do not doubt, given the choppy waters that the previous Bill experienced, that there will be serious debate in both Houses, and that that debate itself will be of the highest standard. I will take the noble Lord’s point through very quickly. I am now on a time limit.

[Lord Adonis]

Would the noble Lord care to elaborate on what adequate time is? Would he, for example, agree that less than two weeks would not be adequate?

[Lord Duncan of Springbank]

I certainly think that time will be given. Whether indeed it is two weeks and that is deemed adequate, I cannot answer. I suspect that that will ultimately be above my pay grade. What I will say and can say is that, if this House or the other place have not completed their deliberations, I do not believe either Chamber will allow this to move forward on that basis. I believe that matter will rest with your noble Lordships here and with the Members who speak in the other place too. I do not believe that we will find ourselves hustled and huckled into an agreement on such a historic, defining aspect of our relationship with the EU and our integral relationship with Northern Ireland. I do not believe that will be done in a swift, “You looked away one moment, you came back and suddenly discovered it had been done in your absence” manner. I do not believe that that will happen, because I believe that noble Lords here would not allow it to happen, nor would those who sit in the other place.

The important thing, if we can find ourselves in the right place, is to recognise a core aspect, the vision aspect, of where we are. The Government will not allow lines to be drawn that divide the component parts of home nations of the United Kingdom. That is the first red line. The EU appreciates that, I believe. It is not in its interest to try to create a situation whereby that becomes a problem.

By their very nature, negotiations are best served without a running commentary. We have had a problem over the past few months with so many commentaries running in so many directions and given by so many participants that it has been difficult for the wider public to appreciate what is going on. More importantly, as a number of noble Lords have said, there is almost a surrogacy aspect in Northern Ireland, in that the citizens of Northern Ireland find themselves the cat’s paw for bigger discussions on a particular aspect of the wider trade relationship, freedom of movement or some such thing. We are left with what is, at the heart of this, the most important thing to stress: the people of Northern Ireland are important. That is the end of the sentence. They are not important because of what they offer to other aspects of the debate. Clearly, the Belfast/Good Friday agreement must remain at the heart of our engagement with the EU.

The issue of funds was raised. Again, the EU is an important participant in the funding of the cross-border arrangements. It will continue to fund those because, of course, it will still be partly responsible. The UK will meet its obligations and responsibilities in this regard. There will be no issue of underfunding cross-border institutions to their detriment; that would be short-sighted and foolhardy. We will not move forward with something like that.

It is important to recognise that, in the coming weeks, a number of the issues that have given concern to your Lordships today will be resolved. That is the purpose of the negotiations. If the terms of the Chequers agreement, which forms the basis of the negotiations, remain as they are drafted today, I believe that they will deliver the freedom of trade that will ensure the softest possible border with the Republic.

Importantly—this will be important for our shared democratic institutions—the people have to be able to appreciate what those terms are. To go back to the point made by the noble Lord, Lord Adonis, we cannot bounce the public of the United Kingdom, Northern Ireland or anywhere else into some sort of deal that does not stand the test of close scrutiny shining the sharpest possible light on it. The trade that passes east-west and the trade that passes north-south are absolutely integral, and it is upon those foundations that we find ourselves able to build that peace dividend. With that economic certainty, we can deliver an outcome for the people of Northern Ireland.

It is correct to say that the voices of politicians in Northern Ireland have not been heard as they should have been in the Brexit discussions. We understand the reasons for that, shameful though some of them may be. The Northern Ireland Civil Service has played a significant role in ensuring continued dialogue, but that is not how it should be. That is not what is meant to be happening; I cannot stress that enough. The key aspect over the next few weeks, during the window that will be opened by the Secretary of State for Northern Ireland to give the final impetus to ongoing discussions there, will be delivering an Executive. It is not too late to do that. I hope everyone here will join me in hoping that we will secure an outcome that delivers an Executive in good enough time to be part of the final stages of the Brexit deliberations and discussions.

It will not be an easy journey. I suspect that all those who have said, sometimes erroneously, that this was always going to be easy may have been slightly exaggerated in their assertion. The reality remains that this is a challenging time; it was always going to be so, frankly, because these are negotiations on such critical aspects. The EU is defining itself without the UK and the UK is defining itself outside the EU. This is the moment of maximum turbulence, as often happens just before landing on a runway. Now, the key is making sure that we land with all wheels on the runway, taxiing to a gentle stop out of which emerges a safe and secure Brexit—one that is good for Northern Ireland, Ireland and the people of the United Kingdom and which allows us the foundation to develop an important relationship, building on the one we have had for the past 40 years, with the rest of the EU. That is our ambition and where I hope we will be, but we are at the end-point of the negotiations. We may still be heading towards the runway, but the rubber has not yet met the tarmac.