Official Controls (Northern Ireland) Regulations 2023

Debate between Lord Bruce of Bennachie and Lord Lexden

Wednesday 1st March 2023 Lords Chamber

[Lord Bruce of Bennachie (LD)]

My Lords, in many ways this Motion, as the noble Lord will acknowledge, has been somewhat overtaken by events, but he is commenting on the events. It was clear from the outset that Boris Johnson’s oven-ready deal was anything but; we know that now. The claim that there would be no restrictions or paperwork on goods between Great Britain and Northern Ireland has never been true, as the Government’s website clearly showed on the day that Boris Johnson made his preposterous speech during the 2019 election.

I say to the noble Lord that I understand the way unionists see the friction he has outlined, the limitations on movements and transactions, as undermining their sense of identity. I understand that, but I do not understand why the DUP was so adamant in its determination to secure Brexit, when the EU had actually created an umbrella that allowed freedom of movement all ways. To leave the EU and expect there to be no paperwork, which is what I think the DUP wants, was never achievable. I have said that on a number of occasions in debates on this House: it was always possible, right from the outset, to secure reduced friction—the noble Lord has acknowledged that the agreement has done that—and the idea of green and red channels was in the frame from the beginning; it has been discussed for several years.

What was not on offer was trust and good will. What we were subjected to was just cheap, xenophobic rhetoric. Ursula von der Leyen’s relationship with “Dear Rishi” shows how the atmosphere has changed, and a change in the atmosphere is somewhat crucial. I welcome that. I am pleased that the way is now open to secure the UK’s associate membership of Horizon and to begin to explore, I hope, how the trade and co-operation agreement can also be renegotiated, in a similar way, to smooth the way for reduced friction for trade between the rest of the UK and the EU. It was, after all, astonishing and revealing that the Government were boasting yesterday of the privileged position of Northern Ireland as being in both the UK and the EU single markets, something that many people in the rest of the UK wish they had on offer.

It is undeniable that the protocol came about from a mess of the UK’s—specifically, Boris Johnson’s—own making. The ideology that has seized this Conservative Government has caused them to inflict more damage in more ways and in a shorter time than probably any Government in history. That said, I ask the DUP to consider carefully what it does next. The noble Lord, Lord Dodds, has been open in his criticism but careful not to say what he will do next.

All politics is surely about compromise; I would say that Irish politics is especially so. You can claim that playing hardball got us here, but I would refute that. Playing hardball stalled progress and engagement. There is a clear indication that the protocol Bill, far from pressurising a deal, stood in the way of it, and its abandonment is a victory for common sense. Whatever its reservations about the agreement, I suggest that the DUP should admit, privately if not publicly, that it is far better than it would have expected, even if it is not happy with it. The Prime Minister has said that it cannot be renegotiated, though there may be room for clarification here and there. I believe that the majority of people in Northern Ireland, although they may care little for the detail, will welcome an end to the deadlock that has plagued them.

I also suggest to the DUP that, over time, when this agreement is implemented, businesses with interests in Northern Ireland and the public of Northern Ireland will see that the removal of uncertainty creates economic space and a better climate. If that goes ahead and is demonstrated, the DUP will be exposed as people who opposed that improvement in circumstances in the Province. It may find that there is a price to pay.

On the restoration of the Assembly and the Executive, I have contested that there has never been a justification for the DUP withdrawal, any more than there was for the Sinn Féin withdrawal on a previous occasion. Two wrongs do not make a right. The people of Northern Ireland have voted and the DUP did not win. It is entitled to stand up vigorously for its supporters, and it does, but it is not democracy to deny the majority of citizens the right to be represented and to see government tackle the manifold challenges we all face. The protocol and certainly this new agreement pale into insignificance compared with the challenges that most people face in their everyday lives.

It has also been pointed out that one of the safeguards in this deal is the Stormont brake, but that requires the existence of an Assembly and Executive. I am hearing rather mixed messages about what different parties think about it, but I believe it was put in precisely for the benefit of the concerns that the DUP had expressed. If it is not very happy with it, maybe the easiest thing to do is remove it.

The noble Lord, Lord Dodds, referred to the Scottish border, which is of some concern to me—I cross it very regularly. In reality, Brexit has created a problem for the DUP—although by campaigning for Brexit it somewhat brought that on itself—but it has also created a problem for Scottish nationalists. Their ambition was an independent Scotland somehow rejoining Europe, which we all know would be long drawn out, difficult and on unknown terms and would inevitably lead to a hard border between Scotland and the rest of the UK. All these things suggest that the way forward for the UK is to recognise that this first step is the beginning of an improvement in relations with the EU and sets the potential for us to rebuild practical relations—Brexit excepted—that enable the minimum friction, not just between Great Britain and Northern Ireland but between the United Kingdom and the European Union, and uncertainty to be removed and businesses to flourish.

While I understand the reason for this Motion, the DUP should reflect very carefully. If it remains recalcitrant, the danger for it is that the rules in Northern Ireland may have to change, and the mood may change too. The DUP may be very confident of its base, but it should remember and respect that it is not a majority. There are no majorities in Northern Ireland. The only way that Northern Ireland will progress is if people are prepared to accept compromise. The DUP has made its tough stand; now is the time to recognise that compromise needs to be secured.

[Lord Lexden (Con)]

My Lords, that was an interesting speech on the Windsor Framework, but I did not hear any comments on the very serious specific issues that were raised by the noble Lord, Lord Dodds? Have the Liberal Democrats nothing to say about those extremely serious points?