Northern Ireland Protocol Bill

Debate between Lord Dodds of Duncairn and Lord McCrea of Magherafelt and Cookstown

Committee stage
Monday 7th November 2022 Lords Chamber

[Lord Dodds of Duncairn (DUP)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Ritchie of Downpatrick. I have just a couple of small points before dealing with some of the wider issues raised by the amendments tabled in this group.

First, on the negotiations, I do not disagree with the involvement of Northern Ireland parties, as I said previously. It was suggested earlier—I think by the noble Lord, Lord Empey, who I regret is not in his place at the moment—that it did not matter what the EU thought as long as the British Government involved the Northern Ireland parties, but we are not talking about consultations; we are talking about negotiations. I think the noble Lord, Lord Murphy of Torfaen, put his finger on it: it is about getting people around the table. If you are going to negotiate, you need the EU and the Irish Government to be on board. The fact is that, regrettably, they have not changed their position from their previous utterances, where they said that this is entirely a matter for the EU, not for regional parties or any individual member state Government; they have said it is for the European Commission, negotiating under the mandate given to it by the Council of Ministers.

My second point is on the issue that the noble Baroness, Lady Ritchie, raised about the joint First Minister nomination, which was also raised on the previous set of amendments. It should be remembered that the Saint Andrews agreement took place towards the end of the 2000s, in an effort to restore devolution after years in which it had been brought down—again, by Sinn Féin, given the fact that it was out murdering people in the streets, and had not decommissioned its weapons, despite promises that it would do so. There was the famous quote by the late Lord Trimble, who said, “We have jumped, now it is your turn.” Of course, Sinn Féin never did reciprocate. As a result, we had the Northern Bank robbery, and the institutions were down for three or four years. They were eventually restored as the result of Saint Andrews, and that was a cross-community agreement which made the arrangements in relation to the nomination of First and Deputy First Minister. That was the result of a cross-community agreement, so the idea that that is contrary to the principle is simply wrong.

I fully endorse what the noble Baroness, Lady Hoey, said about her amendment. It is an important amendment which deals with an issue that has caused considerable concern and anxiety in Northern Ireland, which is the fact that thus far the courts have ruled that Northern Ireland’s constitutional position, Article 6 of the Act of Union, has been subjugated by the Northern Ireland protocol. That is a legal ruling. If we are paying such close scrutiny to the legal technicalities, the legal position set out in the Bill and all its intricacies—which is perfectly proper—we cannot then simply dismiss the ruling of the courts in relation to the Act of Union as neither here nor there. This is an important matter for unionists. It is the foundational constitutional document of Northern Ireland’s place within the United Kingdom, so this is no small matter. It is something that is being challenged by unionist political leaders right across the board, and it is therefore important that it is addressed.

That is why the Belfast agreement, as amended by St Andrews, is in some considerable difficulty, because the protocol has this effect on our constitutional position. The fact is that we have another series of amendments, tabled in the names of the noble Baronesses, Lady Ritchie and Lady Suttie, about “consent of the Northern Ireland Assembly”, which does not include the cross-community element—the cross-community vote. Again, this says to unionists that, while some are prepared to defend and speak up for the Belfast agreement, and say that this is all about protecting it, when it suits them they just change it. The Belfast agreement provides for votes like this on a cross-community basis, yet time and time again we see things being tabled in this House which undermine the agreement. We are told that we should respect the agreement and its spirit, yet here we have amendments that go against what is in the Belfast agreement—never mind the issues about the east-west relationship and strand three of the agreement, which are trashed by the protocol, and the removal of the democratic consent mechanism for the protocol itself, which means that the Assembly had absolutely no say at all before the protocol was introduced. So we are in a very difficult situation.

There is no doubt that unionists have lost a large degree of confidence in the institutions of the Belfast agreement. On what was agreed in 1998, many of us opposed those elements which released unrepentant murderers back on to the streets of Northern Ireland after serving only two years for some of the most heinous crimes imaginable of murder and depravity—people from both sides of the community were allowed to walk free from jail. The Royal Ulster Constabulary was consigned to history, and there were all sorts of issues about Sinn Féin being admitted into government while the Provisional IRA was still murdering people in the streets, as I said, and were still fully armed. Those of us who opposed these things were told, “You’ve got to accept all these things in the name of peace.” Many people did accept them; there was a referendum, it was passed, and the institutions were set up. But unionists had to accept into government people who parties here in Westminster—and, ironically, the parties Fine Gael and Fianna Fáil in the Irish Republic—would not accept into coalition with them. Northern Ireland is lectured all the time about democracy and accepting Sinn Féin into government—and we have accepted Sinn Féin into government, as per the votes of the people who gave them votes and demanded a coalition arrangement. However, the same people who lecture unionists refuse to have anything to do with them in terms of a coalition in the Irish Republic—and I imagine that neither the Labour Party nor the Conservative Party would admit them into a Government here.

We are seeing that the basis of the settlement in 1998 is now continually undermined. The principle of consent has been breached as a result of this protocol. We now have increasing clamour, including recently from the Irish Taoiseach, about changing the rules of the Belfast agreement and how the Assembly should operate. Indeed, I understand that the Taoiseach went so far as to say that it was a matter for the Irish Government, the British Government and the parties. I am sorry, but strand one is a matter for Northern Ireland parties and the UK Government; it is not a matter for the Irish Government. They are entitled to be involved in strand two and strand three issues, but not the internal government of Northern Ireland. This is causing real concern among unionists. We are in a dangerous situation, and not just because of the protocol but because we are seeing that the Belfast agreement is now going to be completely undermined if some people get their way. Majority rule, which, as we have heard, has not happened and has not been the case in Northern Ireland since the early 1970s, is something which has been railed against for over 100 years. However, as a result of boundary changes and the rest, as soon we have a non-unionist majority in the Assembly—it is not a nationalist majority; unionists are still the biggest designation—and because that now does not suit Sinn Féin, the SDLP or even the Alliance Party, some say, “Let’s change the rules.” If unionists had been suggesting such a thing in the late 1990s, during the 2000s or up until 2019, we would have been howled down as being in breach of the very fundamental principles of the Belfast agreement.

The more talk there is of that; the more talk there is about joint authority in the event of no devolution—something that, again, is entirely contrary to the Belfast agreement—the more talk there is about the protocol being rigorously implemented or not changing the protocol in the way it needs to be changed to get unionist consent; the more we are in danger of seeing the restoration of the Assembly and the institutions of the Belfast agreement receding further and further into the distance. That is the reality. We do not want that to happen. We need to get a grip. The more delay there is, either in negotiations or in the UK Government taking the action needed to restore unionist faith in the political process in Northern Ireland, the longer the institutions will be down. This Government cannot have a situation in which Northern Ireland is left in limbo, where no decisions are taken by anybody, where there are no Ministers and where civil servants do not even have the powers they had the last time. We need Northern Ireland to be governed. The UK Government, who have sovereign responsibility under the Belfast agreement and their constitutional responsibilities, need to take responsibility and act for the good government of Northern Ireland.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I shall add a few remarks. The constitutional position of Northern Ireland within the United Kingdom is a very important issue for many people in Northern Ireland, and certainly for the unionist population. There is no doubt whatever that the protocol is undermining and has undermined Northern Ireland’s position. I believe it is a vehicle to continue to undermine the position of Northern Ireland within the United Kingdom. The protocol has brought a profound constitutional change to the very heart of the United Kingdom, because the courts have now ruled that the meaning of the Act of Union, the foundation of the union, has been changed by the protocol, courtesy of it being given direct effect in UK law through the withdrawal agreement Act, with the effect that this subjugates the meaning of Article VI of the Act of Union to the protocol.

I was asked this afternoon how many years I had been in public life in Northern Ireland. It is hard to believe, but in May next year, it will be 50 years: 37 years in the council, 25 years in the other House as a Member of Parliament, 16 years in the Northern Ireland Assembly—and so it goes on. And then in this place here. Now, over the years, I have seen and witnessed, sadly, Northern Ireland’s position being pushed on to the ledge of the union, as it were—pushed to the side. Our position in the United Kingdom has been undermined.

I have to say to your Lordships’ House that the unionist people are very suspicious of both Front Benches, and indeed other parties in this House. When it comes to defending positions, Dublin will defend the nationalist and republican position, but who will defend the unionist position? You would expect the United Kingdom Government to do that, but it is sad to say that successive Governments have not been very good at it. As my noble friend Lord Dodds mentioned a moment ago, certainly strands 2 and 3 give Dublin the right to have a say. But when it comes to strand 1—last week we had the Secretary of State for Northern Ireland in conference with the Foreign Minister of the Irish Republic to talk about whether there should be a poll in Northern Ireland and an election for the Northern Ireland Assembly. Those are the internal affairs of Northern Ireland, yet the basis of the Belfast agreement was that Dublin has no right to a say on such matters. That once again makes people suspicious.