Protocol on Ireland/Northern Ireland: Court of Justice of the European Union
Debate between Lord Frost and Lord Dubs(2 years, 5 months ago)
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The Minister of State, Cabinet Office (Lord Frost) (Con)
My Lords, the Government have proposed changes to the governance arrangements in the protocol involving the Court of Justice of the European Union. The court’s jurisdiction in settling disputes under the protocol is currently limited, of course, to those covered by the second sub-paragraph of Article 12(2), Article 5 and Articles 7 to 10 of the protocol. In other withdrawal agreement disputes, including those under Article 16, cases are ultimately resolved by arbitration, with a role for the court only where disputes raise questions of interpretation of EU law.
Lord Dubs (Lab)
My Lords, is the Minister aware that he has created an impression that his position is softening on many of these issues? A German journalist asked me bluntly after the noble Lord’s 10 November Statement, “Is it true that Lord Frost is moving from his earlier position?” Would the noble Lord care to comment?
Lord Frost (Con)
My Lords, the answer is “no”. We are trying to reach an agreement. That has always been our position; it was our position in July and it is now. I suggest that our friends in the EU do not interpret the reasonable tone that I usually use in my discussions with them as implying any softening in the substantive position.
Imports from EU to UK: Grace Period
Debate between Lord Frost and Lord Dubs(2 years, 7 months ago)
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Lord Frost (Con)
My Lords, we are obviously in constant touch with the European Union through the institutions created in the trade and co-operation agreement and many others. We sought last year to negotiate more relaxed arrangements at the border in both directions, on food and drink and on other issues. Unfortunately, the EU was not open to that at that point, but if it were to become open to it in future, we would obviously wish to engage in that discussion. That is clear, and we will keep making that case, because we believe that it is in the interests of both parties.
Lord Dubs (Lab)
My Lords, is the Minister aware that accusations are being made against him that he is of the view that sabre-rattling gets results from Brussels? What can he do improve our relationships both with Brussels and in particular with the Irish Government? Does he agree that our relations with those two are pretty poor at the moment?
Lord Frost (Con)
My Lords, I do not agree that relations with either Government or entity are poor, though relations can always be better, of course, and there are some significant differences between us at the moment. I am not sure that I agree with the suggestion that we are sabre-rattling; that is not the way we go about things. We are setting out our case and being clear about what changes would produce a better situation, whether as regards the protocol or anything else. It helps relations when countries are clear about what they think and others can respond.
Protocol on Ireland/Northern Ireland
Debate between Lord Frost and Lord Dubs(2 years, 11 months ago)
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Lord Frost (Con)
My Lords, obviously I am not able to comment on the specifics of litigation while it is ongoing. I point out that the protocol itself is clear that it is without prejudice and has no effect on the territorial integrity of the UK or its essential state functions. That is a very important element of the protocol.
We understand the dismay and concern about identity that is provoked by the way the protocol is currently being implemented, and we are attempting to respond to that as a matter of urgency. There are a number of timetables in parallel here: the negotiating process, the grace periods themselves and the political timetable in Northern Ireland must all be kept in step if we are to find solutions to these issues.
Lord Dubs (Lab) [V]
My Lords, it is fairly clear that the Minister is unhappy with the protocol, or at least the way that it is working out. Will he indicate what the Government’s strategy is for achieving a better outcome regarding the protocol, given that, if neither we nor the EU know what is going on, it is hard to see how we are going to move forward? What is the Minister’s proposal?
Lord Frost (Con)
My Lords, the noble Lord is right to observe that we are not particularly happy with the way that the protocol is being implemented. Our hope is that we can find solutions to this with the European Union. I speak frequently to my EU colleague, Maroš Šefčovič, and our teams are in regular touch. Talks are going on semi-continuously on these questions and we hope to have made progress in dealing with some of the most difficult issues by the time of the joint committee, but obviously it takes two sides to move forward and find pragmatic solutions. Progress is limited at the moment but we keep working at it.