European Union (Withdrawal) Bill

Lord Hain Excerpts

Monday 18th June 2018 Lords Chamber

[Lord Hain (Lab)]

My Lords, the profound uncertainty about the UK’s future relationship with the EU is the very reason why, last December in their joint report, the UK and EU agreed that the Good Friday/Belfast agreement,

“must be protected in all its parts”,

throughout the Brexit process. It is also why, in that report, Britain affirmed its commitment to,

“the avoidance of a hard border, including any physical infrastructure or related checks and controls”.

I therefore welcome the Government’s concession and I would like to think that the Minister, who is held in high regard in this House, was instrumental in that change.

However, I am sorry to say that the Government’s failure to accept a key part of the Lords amendment and instead substitute a minimalist subsection makes me suspicious, because it focuses on physical infrastructure as the only problem. But this infrastructure and the associated checks and controls are the symptom, not the cause, of a hard border. Regulatory arrangements, common standards and compatible rules of origin are all absolutely essential to ensure a frictionless border. This was recognised in the original Lords amendment, which I stress did not specify UK membership of the European Union customs union and single market but stated clearly that there must be no regulations which,

“create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature … physical infrastructure, including border posts … a requirement for customs or regulatory compliance checks … a requirement for security checks … random checks on goods vehicles, or … any other checks and controls … that did not exist before exit day”.

For what reason have these clear and specific details now been excluded? Perhaps the Minister can explain to the House.

Indeed, the wording of the Commons amendment is characterised by some ambiguity, even as it is more restrictive in its scope. As we know, there is already some limited infrastructure at the border, such as automatic number plate recognition cameras. Are these amendments sufficient to protect against the expansion and reappropriation of this infrastructure for much more intrusive and ambitious use—for example, enforcing a hard customs or regulatory border? If this were to be the case, not only would it be an incitement to civil disobedience or worse, it would constitute a gross betrayal of the trust of the Irish Government and, most importantly, the people of Northern Ireland. Such trust has been hard won and carefully fostered. It is vital to the long-term stability of the peace process.

Twenty years on from the agreement, the success of the peace process is evident in the fact that co-operation across the Irish border is multi-layered, complex and embedded in daily life on both sides. We know from the mapping exercise conducted by the EU with the British and Irish Governments that there are a reported 142 areas of north/south co-operation, ranging from services providing specialist autism and cancer care to those dealing with waste management and environmental protection. Are these amendments sufficient to protect all such areas? No, I fear they are not. They are rather grudging and minimalist, purporting to avoid a hard border but not actually guaranteeing that, and therefore the Government are in real danger of abandoning the very spirit of the Belfast agreement that they profess to protect—and, indeed, is contained in the Lords amendment.

Therefore, I say very seriously that there is nothing—nothing—more important in all the Government’s many duties and responsibilities, not least for the Brexit process, than maintaining peace and continued progress on the island of Ireland. Regretfully, I do not believe that the Commons amendments meet that task. Indeed, I fear they fall well short of that. Although I support what is before us this evening, I regret that the original subsection was not included, because that would have removed all the doubts that I otherwise have.

[Lord Alderdice (LD)]

My Lords, in Committee I added my name to an amendment with the noble Lord, Lord Patten, and the noble Baronesses, Lady O’Neill and Lady Smith, and was strongly supportive of an amendment that entrenched in the Bill the Good Friday agreement and the north/south co-operation that emanated from it. I did not feel able to give the same support to the amendment which came on Report. I pointed out at that time that there was a border but it was important that it was not obtrusive. However, there were circumstances that were easily foreseen in which, for example, some degree of security infrastructure was necessary, but only in the event that there was a real security requirement for it. My concern was that the wording of the amendment that was passed on Report was too loose and did not address those kinds of problems.

I pay tribute to the Minister and his colleagues. I agree with the noble Lord, Lord Cormack, that the intervention of the House of Lords has been very helpful. It is also the case that the co-operation between the House of Lords and the House of Commons was to try to ensure that what came back to us improved on our improvement, and I think that that is the case.

Sometimes one can have the impression that those who support the Belfast agreement think that there is now no border in Ireland. This is not the case. The Good Friday agreement is absolutely clear. We have addressed the relationships within Northern Ireland, between north and south, and between Britain and Ireland. But the border is still there and anybody who lives close to it knows exactly where the border is and which Government they pay—or in some cases do not pay—their taxes to. Police and others know exactly where the border is because there is no right of hot pursuit. It is important that the border is not obtrusive and obstructive to the free movement of people. The tremendous achievement of the Good Friday agreement and the Irish peace process is that no political party in Ireland, north or south, is asking for a hard border or to in any way obstruct the free movement of people, goods and services. That is a tremendous achievement and we must build on it.

The Commons amendments that have come back to us represent an increased nuance, yet one that is legally tight and does not obstruct us in appropriate checks and balances. I am happy to support them in that light. No doubt there will be other issues in future and we will come back to them. But I pay tribute to the Minister. He has taken things forward from the amendment that went from this House and I appreciate that. I support the Commons amendments.