Protocol on Ireland/Northern Ireland (EUC Report)

Debate between Lord Empey and Baroness Chapman of Darlington

Monday 13th September 2021 Grand Committee

[Baroness Chapman of Darlington (Lab)]

I am sure that the lure of a cup of tea was probably greater than the speech that I am about to finish, or that the Minister will provide as well.

The committees have done vital work but, so far, the Government have been unable to clarify a way forward. Perhaps not today—that might be too much to ask—but we look forward soon to the Minister providing answers to the question of what the future will look like for Northern Ireland and when we will see arrangements on a long-term, secure and predictable footing. As the noble Lord, Lord Wood of Anfield, said, the Government need to be candid—as candid as they can—about what the protocol does, as opposed to what the Government say or have said in the past it does. Does the Minister agree with the noble Lord that failing repeatedly to implement the protocol and having government by grace period is disastrous for the UK’s international reputation?

Various solutions have been proposed, but we all seem broadly to agree that a red line needs to be that any suggestions requiring border infrastructure on the island of Ireland should be disregarded. Many issues will have to be overcome, but I do not want to have to explain to the next generation of young people in Northern Ireland that a hard border, with all the consequences we fear that would bring, came about because this generation wanted the freedom to reduce food standards despite saying that they had no intention of reducing standards. As the noble Baroness, Lady Suttie, said, regulatory sovereignty should not be prized at the expense of political stability. I realise that that is a very stark way of putting this. I expect the Minister will say we can have both—I do hope so—but it would be useful to know how he intends to do that.

I enjoyed the speech of the noble Lord, Lord Empey, very much. It was really engaging. I was just saying to the noble Earl, Lord Kinnoull, that I could listen to him all day.

[Lord Empey (UUP)]

Everybody should say that.

[Baroness Chapman of Darlington (Lab)]

I am sure they do. He urged realism and pragmatism, and encouraged dialogue, and he is obviously right on all those points. We used to hear a lot of talk about technological solutions to this problem. Can the Minister update us on whether the Government are still pursuing those technological solutions and describe to us what they could involve?

The current situation of deadline followed by extension followed by deadline is a nightmare for business. Options are available: alignment, equivalence, domestic legislation. The choices we have are sometimes considered in a very rigid and limited way, posing alignment against equivalence. As the noble Baroness, Lady Ritchie, said, we need a bespoke solution for Northern Ireland.

The Government have rejected alignment, and the EU has rejected equivalence. That is fine, but we need flexibility and compromise, and, as we have heard repeatedly today, we need trust. We could introduce domestic legislation, for instance. What response have the Government had from the European Union to the option of imposing penalties on businesses which are found to have failed to comply with the rules?

In his speech at the British-Irish Association on 4 September, which was referred to by other contributors, the Minister said that these are

“existential issues of territory, of identity, of borders, all against a background of a peace process and institutions in Northern Ireland which can only bear so much weight … So we badly need to look reality full-on. To put our arrangements here onto a more durable and sustainable footing, one that represents genuinely mutual benefit”.

I welcome this. I could not agree more. This is the kind of approach that we need from the Government. I note that the tone from the European Union also seems to have changed in recent weeks. However, other than saying in the Command Paper that Article 13 of the protocol allows for subsequent agreements to replace it, the Minister does not really tell us what he thinks should be done. Still, this is a change of tone, and we should welcome it.

While we have the Minister here, I want to ask him about Article 10 of the protocol, which has not received much attention today. Can he provide the Committee with his assessment of whether, and in what circumstances, Article 10 has any impact on state subsidy in Great Britain, not just in Northern Ireland? What legal advice was sought before agreeing to Article 10? Did he know that restrictions on subsidy in Northern Ireland could “reach back”—which I think is the legal term used—into the rest of the UK? I ask this because not only because I am interested in the answer but because I know from the Command Paper that the Government think that Article 10 is now redundant. I can see why they would make that claim, but it reveals their approach to these negotiations. After all, the Prime Minister described the protocol at the time as an ingenious solution. Did he know when he made that comment that he was potentially compromising on state aid? If he did not, he really should have done.

The Government have an appetite for immediate gratification, agreeing things to get through the immediate crisis. This can work; we get it—