European Union (Withdrawal) Bill

Debate between Lord Eames and Lord Carlile of Berriew

Report: 5th sitting (Hansard): House of Lords
Wednesday 2nd May 2018 Lords Chamber

[Lord Carlile of Berriew (CB)]

My Lords, the amendment was moved with eloquent brilliance by the noble Lord, Lord Patten. I want to add a few words based on my nine and a half years’ experience as the Independent Reviewer of Terrorism Legislation and the close interest that I have taken in Northern Ireland, and specifically the border, since then. Before I do, however, and with the greatest respect to the noble Lord, Lord Alderdice, whom I admire greatly—I mean that genuinely—may I point out to him that he may have misunderstood the words of the part of the amendment that he just referred to? The amendment does not allow an intergovernmental requirement for security checks. There is absolutely no question that security checks will be required from time to time. I have been in security checks myself from time to time in Northern Ireland and they have been put in place and removed ad hoc extremely quickly. I have seen them happen at extraordinary speed within minutes. So I ask the noble Lord if he would not mind having another look at that part of the amendment before encouraging other noble Lords, if there is a vote, to vote against it or by voting against it himself.

I have spent time in Northern Ireland, including time with Sinn Féin Members of the legislative Assembly. I regret very much that Sinn Féin MPs do not take their seats in the other place. They could make a very useful contribution on the subject of Northern Ireland and Ireland in general. I disagreed with an awful lot of what they did before, but my observation from the time that I have spent with them, including, on one occasion, making the journey from Belfast down to South Armagh and observing how the person in question operated as an elected representative in that part of the world, is that they have committed themselves to the constitutional arrangements which appertain in Northern Ireland. That is because of one event: the Good Friday agreement and all that has flowed from it. A large number of institutions have been built as a result of that agreement. If we look at the membership of the legislative Assembly when it sits, particularly at the identity, experience and backgrounds of today’s Sinn Féin Members, most stand as elected representatives whose integrity could be compared to almost any other legislative body in Europe. We have come an incredible distance over those years.

On the present situation, I have heard all the encouraging words from the Government—and rather less encouraging words from the European Union—that there will be a resolution of the Northern Ireland situation. But it has not happened. In my view, we are no nearer to a solution being presented by the Government than we were in Committee or a year ago. The situation today, on Report, requires us to vote for this well-constructed amendment because this will tell both our Government and the European Union that this is a subject that cannot be neglected. Indeed, this subject should never have been part of Brexit. It is something that should have been negotiated in the first week so that we were not sitting in your Lordships’ House worrying—and this is the greatest worry of all—about Brexit as we approach, rather more quickly than we would have wished, 29 March next year.

We must give every bit of encouragement to an early solution of this problem that does not involve any of the difficulties that we have talked about time and again in this House. If the matter is put to a vote, I encourage noble Lords to go with the noble Lord, Lord Patten, and to follow his eloquence into the Content Lobby.

[Lord Eames (CB)]

My Lords, a few weeks after the result of the referendum was announced, I ventured to suggest to your Lordships’ House that the question of the border between Northern Ireland and the Republic would suddenly become crucial to the outcome of the Brexit negotiations. On that occasion, several noble Lords told me not to worry; I was told that, like all things, it would find its own place further down the line on a coming day.

With what I hope is self-imposed humility, my feeling now is “I told you so”—not because of a line on the map that could be easily seen in any atlas, but because of the symbolism of what that line stood for in the development of the island of Ireland, particularly Northern Ireland. That line is no longer our border; it is your border. It is our collective border with the EU, so some of the significance of what has worried us in continuous Brexit debates takes on a new light for one simple reason: the people of Northern Ireland are not on their own in worrying about the consequences of the border. It is of equal concern, as it should be, to the people of Scotland, Wales and England—the United Kingdom—and because of that, a growing apprehension is developing in Northern Ireland that, if I may say so, we will be left to carry the can. In the light of what has already been said, this is an extremely dangerous apprehension and situation. As has been said by the noble Lord, Lord Patten—not only today but previously —connection with the symbolism of the border touches on culture, politics, social media and education. It covers the entire breadth of the concerns of the people of Northern Ireland.

When I began my professional career more years ago than I care to remember, it would have been unimaginable to talk about the relationship between Northern Ireland and the Republic as we do today. Progress has been made, due not only to political understanding and growing maturity on both sides but, equally, to our having come through the chequered history of the past 30 or 40 years. There is a lot more hanging on this debate than simply the security and arrangements on the border. The reversal—or the danger of the reversal—of all that has been achieved is at stake. The peace process is still a growing infant. The absence of an Administration at Stormont makes it very difficult for one aspect of progress—the cross-border institutions—to work at the moment. A lot of us put faith in those institutions because they were doing practical things in practical ways but now, with the Administration at Stormont absent, it is difficult.

On first glancing at the wording of the amendment, I would have said, “I have no problem with that. I am delighted to support it because it’s saying the things that the people of Northern Ireland want to hear”. Then, I paused. I am still pausing because I have come to the debate in what I call a listening mood. I am listening not just for the constant, ongoing repeat of Her Majesty’s Government giving us assurances. That will not change. It is copper-fastened. It is not that assurance I am looking for from Her Majesty’s Government, but the assurance that says, “We understand that some of the institutions and achievements of your peace process are worth protecting, supporting, keeping in place and allowing to develop”. I want to hear that from the Minister. I do not want to hear the usual repeated reassurance, which, because it is repeated so often, loses a lot of its impact. I look to Her Majesty’s Government to say not just to this House but to the people in Northern Ireland that there are certain things we will stand over.

I turn to the words of the amendment. I ask myself: what is wrong with it? Why cannot I, with my experience over the years, say that this is marvellous, I want to support it and see it through and backed up? It is simply this. Just the other day, the chief negotiator of the European Union visited Ireland. I think he is still there. In the course of a press conference he said that the EU will not allow the conversations to go on until there is sufficient movement by the United Kingdom on the question of the border. I once tried to teach jurisprudence to those who were prepared to listen. As at least one of your Lordships will remember very well, I tried to get through to the students that the secret of success was often to look at the meaning of words. In any negotiation there has to be compromise and give and take. Did the chief negotiator mean that there will be a lot of give and take once we move on the border, or was he saying, “We will move if you move”? Was he going even deeper? Was he warning us that, “Unless certain requirements in the control and operation of our border are met according to our terms, we will not continue to help you to get Brexit”? This might be unimaginable to those who see the road to Brexit as paved with gold, but I suggest that there is a lot more to it.

I say to the Minister, who has impressed us all with the way he has handled the sensitivities of post-Good Friday Northern Ireland: reassure me. Tell me that I am worried unduly that there might be a gap in the words of the amendment from another person I greatly respect. What can he say to me, who has come through so much of the past with and among the people of Northern Ireland, as Primate not just of the Church in Northern Ireland but with responsibility for the whole of the island? I can honestly say that I know a little of what I am talking about.

I have one final point to add to the Minister’s growing vocabulary of life in Northern Ireland. There is a wonderful town, the town of my birth, called Lurgan. Out of that town have emanated a great many wise sayings. The one in my mind at the moment is: call a spade a spade. When you talk, call a spade what it is—a spade; when you talk, tell the truth, because you believe it; and when you pontificate, make sure that you do so with sincerity. So, Minister, I, for one, am listening.