5 Lord Alderdice debates involving the Department for Exiting the European Union

Wed 16th Oct 2019
Mon 25th Mar 2019
Wed 13th Feb 2019
Mon 27th Feb 2017
European Union (Notification of Withdrawal) Bill
Lords Chamber

Committee: 1st sitting (Hansard): House of Lords

Queen’s Speech

Lord Alderdice Excerpts
Wednesday 16th October 2019

(5 years, 1 month ago)

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Lord Alderdice Portrait Lord Alderdice (LD)
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My Lords, I do not intend to focus all that I wish to say solely on the question of Brexit, but there is one question that I would like to put to Her Majesty’s Government on that subject.

Before the referendum, I spoke on a number of occasions in your Lordships’ House and in other places about my fear, as a supporter of and as someone committed to the European project, that people’s minds and hearts were turning away from that project, and that if there were not serious efforts by those of us who are supporters of the European Union and those who are functionaries of the European Union, that disenchantment would continue and become more serious. Sadly, it has been so. There was not the kind of reform that might have changed the course of history in the last few years.

We are now in a position where in this country there are now really only two realistic positions as far as most people are concerned. One is the position of my party: although we accept that people voted by a small majority to leave, we remain committed to the European Union and wish to persuade people to change their minds on that, and, if we were in government, we would revoke Article 50. That is an honourable and intellectually credible position. The alternative position, held by those committed to Brexit, is also honourable and credible, although it is not one with which I agree and the arguments against it are substantial.

Given the background that I come from, I have become increasingly concerned about polarisation in the community.

Lord Dykes Portrait Lord Dykes (CB)
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I am grateful to the noble Lord for giving way. I apologise for interrupting when he has just begun his speech. A lot of people refer to the need for reform in the EU but never say what they mean or suggest individual details of that reform. Would the noble Lord care to enlighten us?

Lord Alderdice Portrait Lord Alderdice
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I have given a number of speeches setting out exactly what I would suggest, and have suggested, over the years. I suggest that I continue with what I have to say, rather than focusing entirely on the question of Brexit and matters that have been gone over repeatedly.

My concern is that our country has become increasingly polarised by focusing on this question. It is not just in this country with Brexit. It is the zeitgeist all around the world: countries and communities are becoming deeply divided and polarised. This is a very serious situation. Therefore, my question to Her Majesty’s Government—which I have discussed with some of my own colleagues—is this: whatever the outcome, remain or leave, what are we going to do subsequently to bring our people together? Whatever the outcome, a large percentage of the population will feel deeply unhappy. That is not a satisfactory situation. There is now no widely accepted public narrative in our country. We must work hard to recreate it. It will not happen automatically. I look forward to hearing what Her Majesty’s Government believe they need to do and can do if they have their way on Brexit.

That leads me to the wider questions laid out in a remarkable speech by the noble Lord, Lord Kerr of Kinlochard, early in the debate yesterday. He mentioned a whole series of issues including the Kurds, Ukraine and Hong Kong. He described how we as a country cannot look with any great satisfaction or pride on our own role—or, in some cases, lack thereof—in those areas where we ought to have been able to take responsibility and have effect.

It is important not just to regret things but to try to understand why they have happened. One of the reasons is that, in today’s world—as is right—it is no longer acceptable to use overwhelming force against those with whom you disagree. It is also not effective. The United States has involved itself in a whole series of wars in Afghanistan, in Iraq, in assistance to us in Libya and in Syria. None of them has been successful. All have made the situation worse.

We must therefore really begin to reflect in a serious way on how the rules have changed. The rules of politics and intervention have changed. How we govern our world is changing in ways that we do not understand. In the Prayers at the start of the day, the right reverend Prelate the Bishop of Coventry laid out from the scriptures how those who behave with integrity and virtue will be blessed. Yes, at times that has been the case. However, I think that the words of the psalmist in Psalm 37, verse 35, are more appropriate:

“I have seen the wicked in great power, and spreading himself like a green bay tree”.


It looks as though wickedness, arrogance and abuse are getting further than virtue at the moment.

We need to think about what is going on and why this is happening. The character of war has changed. We now have hybrid warfare, in which the old, accepted rules of international engagement have disappeared. New technology is being used in unprecedented ways. People are not in a position where they think rationally about decisions because they are so moved by how they feel, affected by social media and fake news. There are other changes in warfare coming down the track that are not even being discussed.

There was a time when this House would have preoccupied itself with the prospect of nuclear war, and rightly so. It is back on the real agenda, if not on the debate agenda. I was talking recently with a friend from Mumbai who said he was shocked and dismayed to hear many thoughtful middle and upper-middle-class people saying that a nuclear war with Pakistan would solve their problems; they had no concept of how global the problems would become. And it is not just India and Pakistan; it is Saudi Arabia and Iran, the situation with North Korea—and, of course, all China’s neighbours are becoming increasingly anxious about how that is developing.

Neither we nor the public have been debating these issues, so preoccupied have we been with the problem of Brexit. That is not good leadership because, frankly, if we find ourselves in a war of that kind—we are already in a global cyber war—so many of the issues that we debate will ultimately become secondary.

So how do we address these kinds of problems? We do not address them by simply trying to reinforce the old ways. My noble friend Lord Campbell pointed out how NATO, upon which we depend, is falling to pieces. The Minister referred to “our ally Turkey”; well, “our ally Turkey” is doing things that we absolutely disavow and do not agree with at all. “Our ally Saudi Arabia”, as Her Majesty’s Government have referred to it, is consistently doing things that we do not identify with or support at all.

The situation is changing, and we must think carefully about that. What are Her Majesty’s Government going to do, inside this building and beyond, to enable us to think and reflect on the changing character of war and the importance of engaging with that? It is not about how many ships we have, how many people we have in GCHQ or how many people we are devoting to fighting the old wars, but about how we can get a debate.

Before the referendum, I was asked by my colleagues if I would conduct a pro-remain campaign in Northern Ireland. I said, “No”. They said, “Do you not believe in it?” I said, “I do”. They said, “Well then, why do you not want to do this?” I said, “Because I know what will happen. If I, as a former Alliance leader conducted a pro-remain campaign, the Alliance Party, Sinn Féin and the SDLP would all vote ‘Yes’, the Ulster Unionists and the DUP would vote ‘No’, and I would have contributed to deepening a division that I have spent much of my life trying to heal”. They said, “So what are you going to do?” I said, “I am going to get together with colleagues to conduct a public conversation where we will let all sides have their say, and encourage people to think and engage with the problems”.

We did that. We gave a platform to Mr Farage, and the more times he came to Northern Ireland, the more the remain camp increased. Yet he and his colleagues felt that they were being given a platform and given respect. We need a public conversation, and not just about Brexit; we have come to a point where I do not think there is much enlightenment to be had on that. We need a public conversation on issues of war and peace—issues which could bring not only our economy to a shuddering halt but our civilisation to a disastrous end.

Brexit

Lord Alderdice Excerpts
Monday 25th March 2019

(5 years, 8 months ago)

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Lord Alderdice Portrait Lord Alderdice (LD)
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My Lords, the part of the United Kingdom that I come from is still geographically peripheral, but it is not politically peripheral at the moment, because of the backstop and border questions.

When we were living through difficult and much more dangerous times, we looked for places where we could find encouragement and inspiration. The European project was one of those places. We could see that those who had been at war, twice in a generation, had been able to find a new way of engaging with each other—a way of moving forward with different arrangements, with creativity and flexibility, to make something new and different and rather unprecedented. For me, that was tremendously encouraging. The ideas in many of the practical arrangements of the European project were incorporated into our negotiations and our way of thinking about things.

I was also encouraged and inspired by your Lordships’ House. I came here in 1996 and found a preparedness to engage reflectively, thoughtfully and creatively with difficult problems. Subsequent to 1998, as Speaker of the Northern Ireland Assembly, I found myself coming backwards and forwards to your Lordships’ House and finding it a restorative experience. I could return to the Northern Ireland Assembly with ways of working and engaging that were thoughtful, creative and reflective, and brought people together to find new ways of resolving problems.

So for me it is a personally painful business to see what has happened to the European Union and both Houses of Parliament here. A deep division has opened up in the European Union itself, not just between people in this country but between Governments and people and different sections of the community in almost every country in Europe. Some come out on to the streets to express their dissatisfaction with government and Europe. Europe has for some people remained a model, but for others it has become the cause of division rather than a healing project.

Even in your Lordships’ House, my sense of the past couple of years has been that people have held to positions and tried to defend and promote them rather than understand that the deep divisions that have opened up in our country and our continent are extremely dangerous and that we must find a way of resolving them. That is why I identify strongly with a number of the comments that have been made but perhaps most particularly with the words of the right reverend Prelate the Bishop of Newcastle.

I remember when John Hume was trying to engage with the IRA and he asked it what it wanted. The IRA said, “A united Ireland”. He said, “Look at the map. It is one island”. It said, “There’s a border”. He said, “That’s because the people of Ireland are divided about how to share the island”. I well remember Dr Ian Paisley, known to us in latter days as Lord Bannside before he passed away. He would speak about the fact that he represented the people of Northern Ireland, because he clearly had the largest vote in repeated elections. But nationalists and republicans said that they represented the majority of the people of the island of Ireland.

I hear the same kind of thing going on. People speak about how they represent the majority and the views of the people, but the people are deeply divided. Neither side seems prepared to recognise that the job of political leaders is to find a way for our people can live together, not agreeing on everything all the time—of course not. There are different perspectives and that is not only legitimate but healthy. Whatever happens, we will all have to continue to live together in Britain and Ireland, within Britain itself, and in Europe. We have to find a way of living together. One difficulty is that if one is so convinced of the rectitude of one’s own position and policy, one spends all the time attacking the other and promoting one’s own approach. We would not have been able to deliver the Good Friday agreement if there had not been serious efforts by all those negotiating, in advance of reaching an agreement, to indicate to people that there would have to be compromise, a coming together and a giving up of some cherished aspects so that we could find not an agreement but a way of living together.

The time for us to do this is short. No vote, referendum or election will bring our people together to find a way of agreeing a compromise. That requires political leadership. The truth is that all our parties have contributed to the division, either by themselves being divided or by taking one side or the other of the argument. That is the road to no town and a disaster. I appeal to Members of your Lordships’ House to return to what has been our tradition, our strength and our contribution to the country. By not having to be elected, we can afford to be more thoughtful, creative and reflective and engage with each other across party boundaries to find an accommodation that our people can live with so that we can not only live together on this island and in relation to the other island but in this continent of Europe. Without that, the future is gloomy for all of us, whichever side wins the argument in a referendum or an election. We have to find a way of living together.

EU Withdrawal

Lord Alderdice Excerpts
Wednesday 13th February 2019

(5 years, 9 months ago)

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Lord Alderdice Portrait Lord Alderdice (LD)
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My Lords, I listened with some interest and considerable agreement to the noble Lord, Lord Wilson of Dinton. I cannot, however, go along with his final enthusiastic flourish: that we must continue to argue for what we believe in. I say that not because I do not argue for what I believe in, but because both sides of this argument have been arguing for what they believe in for the past few years and we have not got to any agreement—or even increased understanding of each other. This is a phenomenon not just of this country, but a global one: countries and communities are split down the middle because people are arguing for what they believe in, come what may.

I am quite used to that. I am used to people taking to weapons because of what they believe in. I have spent a good deal of my life trying to persuade people to look beyond what they believe in to a better future for their shared community. I agree largely with the Motion in the name of the noble Baroness, Lady Smith of Basildon. However, it means two quite different things among the people supporting it. Some say that they will not leave the European Union without an agreement—and they want an agreement. Others say that they will not leave the European Union without an agreement, while rather hoping that there will not be one, so that they will not have to leave. We need to be a little more straightforward if we are to find any resolution in the interests of our country.

There has been a good deal of talk about the backstop, and I will focus on that, because there is a considerable lack of understanding about what is involved. As the noble Baroness, Lady O’Neill of Bengarve, pointed out, the key issues are not those that many people speak about. I hear many people speaking about the Good Friday agreement, but quite a number of them have not read it, or if they have read it they have not understood it, or if they have understood it they are disingenuous about it and are using it to promote one side or other of a Brexit argument that has nothing to do with it.

What happened with the agreement? First, the British and Irish Governments realised that they had been poles apart for a long time, and that that was not in the best interests of either country. They agreed to come together to build a new relationship, and reach a political agreement that will provide a basis for that. The basis was not the Good Friday agreement but the Anglo-Irish agreement of 1985, which was a very flawed process. I will not revisit that—I see the noble Lord, Lord Rogan, nodding his head—but it brought the British and Irish Governments together at the level of Prime Ministers, Ministers and civil servants, over a period, to build and develop a relationship with each other. That enabled, in the context of the European Union, and with the support of our friends in the United States, a new agreement to be produced—the Belfast agreement of 1998. That addressed the disturbed relationships within Northern Ireland, between north and south, and between Britain and Ireland.

Let us be clear, however: the key relationship was between London and Dublin—between the British and Irish Governments. That was the driver that kept it going, and when they forgot about that it was a disaster. The noble Lord, Lord Trimble, is not in his place but he, the noble Lord, Lord Rogan, and others will remember those occasions when Bertie Ahern, as Taoiseach, allowed Mr Gerry Adams and his colleagues to go to Dublin and start external negotiations, and then the noble Lord, Lord Trimble, went to London to talk to the Prime Minister, Tony Blair. The whole process began to fall into disarray. Some of us had to publicly call for them to come back to Belfast, to the chairmanship of George Mitchell, to try to reach an understanding. The key thing was to keep the British and Irish Governments together.

When, therefore, I hear people saying that the British and Irish Governments cannot negotiate on questions like the backstop without doing it through Brussels, I do not find it easy to believe. Brussels never complained when the British and Irish Governments were negotiating on Irish border issues; on the contrary, they took pride in the fact that it was being done, that the model of the European Union was being adopted, and that funds could be made available to promote it. The reason that we are having this problem is that the British Government, having dealt with the Irish problem, did what the British Government usually do with the Irish problem; that is, ignore it and hope that it will now go away, and not pay proper attention to the Irish Government and their relationship with them. What then happens? Surprise, surprise, a decade on, they run into difficulties.

Lord Hannay of Chiswick Portrait Lord Hannay of Chiswick (CB)
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The noble Lord said that Brussels did not intervene in the negotiations at an earlier phase. The reason was perfectly simple. It was that both the United Kingdom and Ireland were in the single market; they were in the European Union together, and there was nothing for Brussels to intervene about. That is not now the situation.

Lord Alderdice Portrait Lord Alderdice
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My Lords, as far as I am aware, they are both still in those places. They may be negotiating to go out of them, but they are still currently in them. If Brussels does not want any help, it may find itself creating problems rather than finding solutions. That is not in anybody’s interest.

In terms of the Good Friday agreement—I was part of the negotiation—neither the British Government nor the Irish Government bothered to fulfil the requirement of the British-Irish side for meetings of the British-Irish Intergovernmental Conference, which did not meet for a decade. Is that not evidence that London was not paying proper attention to the relationship with Dublin?

What about Dublin? It is absolutely clear that the Taoiseach, Leo Varadkar, decided that, rather than act as a bridge between the United Kingdom and the European Union, he would line up with Europe and act as a bulwark for the European Union against the United Kingdom. It was not for the first time, and not for the first time has it been a disaster. Historically, every time Ireland has lined up with the rest of Europe against England, rather than Britain or the United Kingdom, it has always ended up being let down, from Roger Casement to Wolfe Tone. Every time they depended on people from outside to help in the relationship, it was historically disastrous. England’s difficulty was rarely Ireland’s opportunity; it was more often Ireland’s difficulty as well, and that is the danger that we are in at the moment.

The British and Irish Governments need to work much more closely together and engage with Brussels. Is there some practical way in which it could be done? I hear lots of people say that all these things are impossible; I came to the conclusion quite some time ago that had the people negotiating in Belfast, Dublin and Brussels been in Belfast 20 years ago, we would never have had a Good Friday agreement, because they would have said, “It’s all impossible. The IRA will never do this. The unionists will never do that”. But we got there, right at the end of the time. How did we do that? First, we built relationships. We did not stand shouting abuse at one another. We started to talk. Then we set to the side high principle and started talking about the practicalities. When we asked unionists whether we could have cross-border bodies or, as republicans would have said, all-Ireland bodies, the unionists said, “No, you can’t have that”. We said, “Hang on a second. We’ve actually been co-operating for 40 or 50 years on the question of fisheries in the Foyle because the fish pay no attention to the border and just go backwards and forwards. Could we do something now on other issues?” “Ah”, the answer was, “if they’re practical issues, we can”.

When Arlene Foster and Martin McGuinness wrote a joint letter in 2016 to the Prime Minister, they pointed out some of those practicalities. They said, “What are the issues?” In terms of the economy, which has been mentioned, there are basically two. One is agriculture and agri-food business; the other is energy, particularly electricity. What if the British and Irish Governments came together and said, “We’ve reached an agreement. Because it’s an island, it’s a natural quarantine. We’ve got to look after animal health and plant health. We’ll deal with agriculture and agri-food business on an island-wide basis. We’ve got good traceability and we’ll work together on those things. We’ve got an electricity grid which is for the island as a whole and, by the way, we’ll reach agreement that we are not going put any nuclear reactors on the island of Ireland. Could you let us deal with those things on an all-Ireland basis, because that’s the vast majority of the problem?” I think that quite a lot of unionists, as long as it was seen not as a constitutional but a practical issue, would say, “Okay, let’s talk about that; we can maybe do that”. As Ian Paisley famously pointed out, the people are British but the cows are Irish. So we can do a little bit on the agricultural side.

People on both sides of the border already know where they should be paying their taxes to—they do not always do it but they know where they should be paying them to. If you are taking a load of petrol from Belfast to Dublin or, much more interestingly, a load of Guinness from Dublin to Belfast, you know perfectly well that taxation is different on the two sides of the border, whether or not you are in the EU. You still have to pay your taxes, and it is traceable.

If we deal with the practical realities, we can find ways of resolving these problems, perhaps quite quickly. But they need to take place in a context where people want to reach an agreement, not frustrate an agreement, for whatever reason and whatever background they come from.

It has been said clearly that time is short. The reassuring thing is this: two months before we reached the Belfast agreement, Sinn Féin had not even put forward a proposal for a Northern Ireland Assembly; less than two months later, we had a Good Friday agreement. It is doable if we are determined to reach an agreement and not frustrate the reaching of an agreement.

European Union (Withdrawal) Bill

Lord Alderdice Excerpts
Monday 18th June 2018

(6 years, 5 months ago)

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Lord Hain Portrait Lord Hain (Lab)
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My Lords, the profound uncertainty about the UK’s future relationship with the EU is the very reason why, last December in their joint report, the UK and EU agreed that the Good Friday/Belfast agreement,

“must be protected in all its parts”,

throughout the Brexit process. It is also why, in that report, Britain affirmed its commitment to,

“the avoidance of a hard border, including any physical infrastructure or related checks and controls”.

I therefore welcome the Government’s concession and I would like to think that the Minister, who is held in high regard in this House, was instrumental in that change.

However, I am sorry to say that the Government’s failure to accept a key part of the Lords amendment and instead substitute a minimalist subsection makes me suspicious, because it focuses on physical infrastructure as the only problem. But this infrastructure and the associated checks and controls are the symptom, not the cause, of a hard border. Regulatory arrangements, common standards and compatible rules of origin are all absolutely essential to ensure a frictionless border. This was recognised in the original Lords amendment, which I stress did not specify UK membership of the European Union customs union and single market but stated clearly that there must be no regulations which,

“create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature … physical infrastructure, including border posts … a requirement for customs or regulatory compliance checks … a requirement for security checks … random checks on goods vehicles, or … any other checks and controls … that did not exist before exit day”.

For what reason have these clear and specific details now been excluded? Perhaps the Minister can explain to the House.

Indeed, the wording of the Commons amendment is characterised by some ambiguity, even as it is more restrictive in its scope. As we know, there is already some limited infrastructure at the border, such as automatic number plate recognition cameras. Are these amendments sufficient to protect against the expansion and reappropriation of this infrastructure for much more intrusive and ambitious use—for example, enforcing a hard customs or regulatory border? If this were to be the case, not only would it be an incitement to civil disobedience or worse, it would constitute a gross betrayal of the trust of the Irish Government and, most importantly, the people of Northern Ireland. Such trust has been hard won and carefully fostered. It is vital to the long-term stability of the peace process.

Twenty years on from the agreement, the success of the peace process is evident in the fact that co-operation across the Irish border is multi-layered, complex and embedded in daily life on both sides. We know from the mapping exercise conducted by the EU with the British and Irish Governments that there are a reported 142 areas of north/south co-operation, ranging from services providing specialist autism and cancer care to those dealing with waste management and environmental protection. Are these amendments sufficient to protect all such areas? No, I fear they are not. They are rather grudging and minimalist, purporting to avoid a hard border but not actually guaranteeing that, and therefore the Government are in real danger of abandoning the very spirit of the Belfast agreement that they profess to protect—and, indeed, is contained in the Lords amendment.

Therefore, I say very seriously that there is nothing—nothing—more important in all the Government’s many duties and responsibilities, not least for the Brexit process, than maintaining peace and continued progress on the island of Ireland. Regretfully, I do not believe that the Commons amendments meet that task. Indeed, I fear they fall well short of that. Although I support what is before us this evening, I regret that the original subsection was not included, because that would have removed all the doubts that I otherwise have.

Lord Alderdice Portrait Lord Alderdice (LD)
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My Lords, in Committee I added my name to an amendment with the noble Lord, Lord Patten, and the noble Baronesses, Lady O’Neill and Lady Smith, and was strongly supportive of an amendment that entrenched in the Bill the Good Friday agreement and the north/south co-operation that emanated from it. I did not feel able to give the same support to the amendment which came on Report. I pointed out at that time that there was a border but it was important that it was not obtrusive. However, there were circumstances that were easily foreseen in which, for example, some degree of security infrastructure was necessary, but only in the event that there was a real security requirement for it. My concern was that the wording of the amendment that was passed on Report was too loose and did not address those kinds of problems.

I pay tribute to the Minister and his colleagues. I agree with the noble Lord, Lord Cormack, that the intervention of the House of Lords has been very helpful. It is also the case that the co-operation between the House of Lords and the House of Commons was to try to ensure that what came back to us improved on our improvement, and I think that that is the case.

Sometimes one can have the impression that those who support the Belfast agreement think that there is now no border in Ireland. This is not the case. The Good Friday agreement is absolutely clear. We have addressed the relationships within Northern Ireland, between north and south, and between Britain and Ireland. But the border is still there and anybody who lives close to it knows exactly where the border is and which Government they pay—or in some cases do not pay—their taxes to. Police and others know exactly where the border is because there is no right of hot pursuit. It is important that the border is not obtrusive and obstructive to the free movement of people. The tremendous achievement of the Good Friday agreement and the Irish peace process is that no political party in Ireland, north or south, is asking for a hard border or to in any way obstruct the free movement of people, goods and services. That is a tremendous achievement and we must build on it.

The Commons amendments that have come back to us represent an increased nuance, yet one that is legally tight and does not obstruct us in appropriate checks and balances. I am happy to support them in that light. No doubt there will be other issues in future and we will come back to them. But I pay tribute to the Minister. He has taken things forward from the amendment that went from this House and I appreciate that. I support the Commons amendments.

Lord Empey Portrait Lord Empey (UUP)
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My Lords, I was not keen on the amendment originally proposed by the noble Lord, Lord Patten of Barnes, and I still think there are issues with the proposal before us.

Reference has been made to the joint report issued in December last year. The problem is that that was completely contradictory. It contained almost mutually exclusive objectives. I feel that putting that into the Bill has its problems. The truth of the matter is that the border as we refer to it on the land is only part of the border. The rest of the border is in the sea. Of course, the vast majority of trade goes across the sea from Irish ports to Welsh ports. That is where the bulk of trade takes place. One statement is that we have regulatory alignment, and the other is that that will not obstruct access to the UK-wide market. That can happen in only two circumstances: either we all remain in “a” or “the” customs union, or Northern Ireland businesses have to have two entirely separate regulatory environments in which to function—one for the UK-wide market and another for the EU-wide market. Anybody who thinks that will be progress is wrong.

With regard to the difference between hard and soft, the terms are unfortunate. The only conceivable way any hard border could arise is if the European Union were to try to force the Irish Government, if disagreement were arrived at, to put in a border to protect the single market. There are no circumstances in which any UK Government will put up infrastructure. I cannot see any circumstances in which an Irish Government could put any physical infrastructure. It is almost totally inconceivable. Unless Mr Barnier is going to bring his breezeblocks and cement with him and build it himself, I do not know who will do it, because we will not and I do not think our colleagues in Dublin will. The noble Lord, Lord Alderdice, may hold their coats, but politically and emotionally it is an impossibility. What we should be doing—perhaps the Minister can update us on where we are with this—is sitting down with our Irish colleagues and Mr Barnier and working out the detail. Only we who live in Ireland can erect it and only we have to live with it, so we have a vested interest.

It is such a shame—I have had this conversation with the noble Lord, Lord Cormack—that Stormont is not functioning because that would open up so many more opportunities for us. We could devolve some issues to Stormont and, with the north-south bodies and the regulatory arrangements we agreed there, there could be a flexible approach that would avoid so many of the difficulties that the Government are now facing. I have to say to the Minister that we have arrived at a position of paralysis and stasis where nothing is happening politically, and that is a mistake. History tells us, and colleagues who have experience of Northern Ireland know, that vacuums get filled with all the wrong people. We are allowing this vacuum to develop and take root, and the longer we leave it the harder it will be to get people around the table to get this fixed. We are moving into local government elections next year. We do not even know where we are in this place with regard to what might happen. It is not the Minister’s responsibility to answer today on this, but if Stormont was working, we could do so much more on these issues to get a resolution that would be satisfactory to the British Government, ourselves and our Irish colleagues.

I attended the British-Irish Parliamentary Assembly the week before last. The noble Lord, Lord Murphy, was there. We talk regularly to colleagues there. There is huge anxiety. We understand that, and why there is anxiety. People have to understand the emotion behind this. This is often misunderstood. I have brought it to the attention of this House that relatively modest amounts of trade go between Northern Ireland and the Republic. It is only about 1.6% of Irish exports and 1.6% of Irish imports, but there is the emotion that goes with that. The main trade goes from Dublin to Holyhead, or from Rosslare to Fishguard and so on. However, that is not the issue for a lot of people. The issue for a lot of people is what that represents. As the noble Lord, Lord Alderdice, rightly points out, it is not that there is no border. Of course there is a border; we are two jurisdictions. We have eliminated the physical manifestation of division, if I may put it that way, and these emotional things are what is driving a lot of our Irish colleagues. It is not always pounds, shillings and pence. There is an emotional issue which we have to take into account.

My only anxiety about where we are with this is the December statement, which I believe has fundamental contradictions that we have not solved. If the Minister, his colleagues and his right honourable friend in the other place could put more pith into their attempts to get Stormont going again, that would add enormous flexibility to what we could achieve in the next few months.

European Union (Notification of Withdrawal) Bill

Lord Alderdice Excerpts
Ours is not a wrecking amendment. It does not obstruct Brexit. It is not tying the Government’s negotiating hand. All it is doing is insisting that, as Article 50 is triggered, it is only on the basis that the Government negotiate to secure what they already say they want—an open border in line with the Good Friday agreement. I trust that we never have to confront the stark choice between delivering on the Brexit referendum and deepening hard-won stability and peace on the island of Ireland.
Lord Alderdice Portrait Lord Alderdice (LD)
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My Lords, I have always been a fervent European. It is an emotional thing as much as an intellectual one. In my own family there are people from outside of the UK. My wife and I make our home not just in Northern Ireland but also in continental Europe. As a former vice-president of the European Liberal Democrat Party and someone always committed to Europe, it is part of me politically; and intellectually, the principles behind the European project have been a driving force in my own way of understanding a better way of doing politics, particularly, of course, in my own part of the world in Northern Ireland.

The border was not the cause of our problems; it reflected problems that were there before but it also exacerbated them. The way that the European project worked for many years provided us with inspiration and a model to change relationships within Northern Ireland, between north and south, and between Britain and Ireland. However, for me, sadly, it was neither entirely a shock nor a surprise when the referendum went the way it did. For some years, as some noble Lords will know, I had been warning that, unless those with influence in Brussels and those of us who are pro-European influenced our colleagues in Europe to change the way that the European project was developing, we would find those opposed to the European Union increasing in number and in fervour, and it would not be good for the project—indeed, it would be destined for disaster if there was no change. I said so in your Lordships’ House on more than one occasion but there was not a preparedness to listen.

For me, the European project was essentially a peace project. It was not about the euro or the single market, and it was not about providing a space at the top table of global affairs for Presidents and Prime Ministers of small European countries. It was a peace project to try to make sure that Germany and France, in particular, and the rest of Europe did not go to war again, but now it has become the focus of division within Europe.

Those of us who are pro-European should have been looking for a long time at why things were going wrong. If a couple divorce after 40 or more years and the one who leaves does not do so in order to go to another partner, the one who is left needs to ask themselves some serious questions about the motivation for the divorce after such a long time. The answer is that the European Union was not developed on liberal principles of freedom, flexibility, organic growth and development, and sensitivity to differences of identity and culture right across Europe, particularly between northern and southern Europe. Instead, it was centralising and focused on itself and on the interests, concerns, preoccupations and beliefs of the elite, with the result that many ordinary people found themselves becoming disenchanted. This is a disaster. We know what happens when Europe becomes divided, but divided it has become, and our job now is to try to find a way of bringing it together.

Before turning to Her Majesty’s Government, I want to refer to our colleagues in Brussels. It is not a one-sided business—relationships require movement from both sides. Immediately after the referendum, Mr Juncker demanded that Britain implement Article 50 straightaway, saying that it was a requirement. It was not a requirement but it was an extremely unhelpful intervention because it was precisely the impression of Brussels talking down to everybody that had produced the problems.

Therefore, through the medium of this intervention in your Lordships’ House I need to say to our friends in Brussels and across the European Union, “Understand that relationships are a two-way affair. You have to be prepared to be flexible too if there is to be change for the better”. It may be too late to do other than have a relationship where the United Kingdom is outside the European Union, and it may be almost too late for some of the other countries, because this is not just a question of Britain. Many other countries are asking themselves these questions and have deeply dissatisfied populations, and this year in particular is likely to see developments of a thoroughly untoward order.

When it comes to the border in Ireland, I hope that people in Brussels understand that it is in their interests to start being flexible over it and not simply to say, “Well, take it or leave it. If you want to do Brexit, here are the consequences”. Rather, they should say, “First, this is a relationship. Secondly, we are a peace project, and we are not about disrupting a peace project that was painfully put together in Ireland. And, thirdly, if there was ever trouble again in Ireland, it would be trouble within the European Union, even if Northern Ireland isn’t part of it, because the trouble would be north and south of the border, as it was before”. But, of course, the amendment is particularly addressed to Her Majesty’s Government. I appreciated the fact that the Prime Minister, as one of her first initiatives, contacted the Taoiseach, Enda Kenny, and expressed her appreciation of his positive regard and relationship. I know that, despite the difficulties he is in, he or any successor would be able to have useful and positive contact with the Prime Minister. However, it is not a question just of what we do and say, it is a question of our impulses.

I remember in 2013 when the then Crime and Courts Bill was being debated, one of the first things I did when I realised that problems were emerging in Northern Ireland over the question of whether there would be a legislative consent Motion in the Assembly was to meet the noble Lord, Lord Taylor of Holbeach, who was responsible for the Bill in your Lordships’ House, and to say to him: “Has the right honourable Theresa May”—who at that stage was Home Secretary—“had a consultation with the Minister for Justice in the Republic of Ireland? Because the NCA, which is going to be created by this Bill, has border security as one of its fundamental requirements. That is one of the things it is about. The only land border we have in the United Kingdom is with the Republic of Ireland. We have a British-Irish Council. We have a whole series of international agreements. We have meetings of Ministers in every context. Has the Home Secretary consulted the Minister for Justice in the Republic of Ireland about this question?”. The noble Lord, Lord Taylor of Holbeach, is a very honest and open man, not given to dissembling. He was clear: it had not even entered their minds to have such a conversation. It had not even entered their minds. It was not nasty, it was not malevolent, it was not a snub or a dismissal; it just had not even entered their minds.

My fear is that now she is Prime Minister, Theresa May is bringing to the office of the Prime Minister many of the attitudes, the people and the approaches of the Home Office. If that is the case in relationships with Ireland, north and south, it will create problems for her and for all of us. So my appeal is to understand that being Prime Minister of the United Kingdom is not just about being Prime Minister of England and a few add-on bits. It is about Scotland; it is about Wales; it is about Northern Ireland; and it is about many parts of England that do not necessarily feel entirely at home with the approaches that are taken here in London. That will entail a stretching of imagination and political creativity, it will mean engaging with people and it will not be entirely easy, but it is absolutely necessary if we are to create the kind of environment we need within this United Kingdom and in our other relationships, of which I hope there will be many, not just in the EU but outside the EU. Indeed, goodness knows what kind of EU, if any kind of EU, will still exist by the time we come to March 2019. We have no idea. The world is changing dramatically before our eyes. However, there are some things that we know do cause trouble, even if we are not sure what things cause good to happen.

One of the things that will cause trouble is if people in the nationalist and republican community feel that the progress that was made in relationships, in understanding and in sensitivity are being rubbished because there is no longer the threat of violence. That is why—although I have not put my name to it, and I have some questions about the detailed drafting—I have great sympathy with the amendment in the name of the noble Lord, Lord Murphy, which reflects something that was said by the Taoiseach, Enda Kenny. That is that there needs to be an appreciation in the engagement with Brussels that if, as is the case under the Good Friday agreement, the people of Northern Ireland give their consent and show their wish to leave the United Kingdom—not something I expect in my lifetime at all—it would effectively mean that they would then become part of an Ireland which, in total, would be part of the European Union, if the European Union still existed in the same way.

It does not seem to me that this is in any way in contravention of the Good Friday agreement or any of the other agreements. It is certainly not talking about promoting a united Ireland; it is entirely different from the situation in Scotland, because Scotland would be leaving to be a separate country and then apply, whereas Northern Ireland would become part of a country that was already part of the European Union, albeit an expanded one. It does not affect other things, but it may well be one of those things that can give sufficient comfort to people in the Republic and in the nationalist community to enable us to negotiate in the way that we desperately need to. It is not about us proposing solutions but rather about insisting on the maintenance of relationships that can get us through the very difficult period that stands ahead.