Ireland/Northern Ireland Protocol: Scrutiny of EU Legislative Proposals (European Affairs Committee Sub-Committee Report)

Lord Davies of Gower Excerpts

Friday 20th January 2023 Lords Chamber

[Lord Dodds of Duncairn (DUP)]

My Lords, it is an honour to be a member of the Sub-Committee on the Protocol on Ireland/Northern Ireland under the chairmanship of the noble Lord, Lord Jay. I endorse everything that he has said and the report, and his calls for better scrutiny of EU regulations as they apply to Northern Ireland.

I pay tribute also to the staff of our committee who labour long and hard to analyse all these EU regulations and to formulate letters, and so on, to Ministers. We are indebted to them because I think no other body is doing this type of work anywhere in the United Kingdom in terms of EU regulation. Even when the Assembly in Northern Ireland met, unfortunately, regrettably—quite amazingly, in my view—it did not do this type of work.

We are dealing with a very serious issue: the scrutiny of over 300 areas of law which apply dynamically and directly to Northern Ireland, formulated and implemented by a foreign political entity, drawn up in its interests—not in the interests of the people of Northern Ireland—and imposed directly without any say or vote of any parliamentarian or elected representative of the people of Northern Ireland in Belfast or London.

These pieces of legislation cover a vast range of subjects—manufactured goods, agri-foods and so on. As we delve into them in our committee, it is very clear that many of these regulations will have long, far-reaching, fundamental and significant effects in terms of the divergence of law between Northern Ireland and the rest of the United Kingdom. Northern Ireland does more trade with the rest of the United Kingdom than with the Irish Republic, the rest of the EU and the rest of the world put together. It is absolutely vital that our economy is aligned with the rest of the United Kingdom. The protocol disrupts and ruptures that.

I understand that the checks we hear a lot about—the red and green channels—are currently the subject of discussion, though no one seems to be able to put any information into the public domain on where these talks are at. I ask the Minister, when he winds up, to give us an update as to what stage these talks are at. Are they at the technical stage? Are we engaged in political talks? Has the EU begun to address the issues the Government have raised in the Northern Ireland Protocol Bill and its explanatory documents? These are necessary and to be dealt with if we are going to get the Northern Ireland Assembly back.

The checks are a symptom of the fundamental problem. The problem is that Northern Ireland is subject to a different regime in a vast range of areas over which the Northern Ireland Assembly, or this House, should have the ultimate say. Until that fundamental problem is addressed, we will not see the sort of progress we need to see to restore the Assembly, because you are asking unionist Ministers in Northern Ireland to implement a regime which is detrimental economically to Northern Ireland and constitutionally to its future as part of the United Kingdom. Unionist Ministers, and certainly those in our party, will not do that. I urge the Government to get on and deal with this as a matter of urgency.

In particular, I draw your Lordships’ attention to paragraph 88 of the report, which says that we have a “democratic deficit”. I would call it a democratic denial, because it is not just a deficit: there is no democracy in this area of laws that apply directly to Northern Ireland under the protocol. Paragraph 88 says:

“While steps to ensure parliamentary scrutiny of such legislation and to enhance Northern Ireland’s voice and influence”—


we have heard about this—

“in relation to their application are necessary, they are not themselves sufficient to resolve the issues to which the democratic deficit gives rise.”

This is absolutely correct. There is no point comparing this to Norway, because Norway has some final say on the implementation of EU rules, which apply to the whole of Norway. Our country, the United Kingdom, is now divided: this legislature deals with laws in Great Britain but the EU imposes laws on Northern Ireland. That cannot stand. I urge the Minister to tell his colleagues who are leading the negotiations to deal with the fundamental issues; we can then make progress towards the restoration of devolution.

[Lord Davies of Gower (Con)]

My Lords, we have been quite generous with the time so far. I remind noble Lords that the advisory speaking time is four minutes.