Northern Ireland Executive Formation

Debate between Lord Jackson of Peterborough and Lord Caine

Thursday 1st February 2024 Lords Chamber

[Lord Caine (Con)]

I thank the noble Lord, who is my good friend, for his kind words. I pay tribute to him for the many hours of work he put into this process behind the scenes in bringing us to this place—and, if I am allowed to say, to members of his wider family. In the interests of brevity, I endorse entirely his comments. I reiterate my tribute to the Prime Minister and the Secretary of State for Northern Ireland for the fantastic work they have done in bringing us to this place.

[Lord Jackson of Peterborough (Con)]

My Lords, I warmly congratulate my noble friend; I have known him for a long time, since our work together in the Northern Ireland Office. Of course, we all welcome the re-establishment of the devolved Administration. On territorial integrity, are we not, in these statutory instruments, codifying in statute the subjugation and suspension of Article VI of the Acts of Union? The noble Lord, Lord Dodds, mentioned the issue of EU law continuing in Northern Ireland and the sea border remaining. Does not having to apply for authorisation for trade in your own country, of necessity, simply fetter trade, as between Great Britain and Northern Ireland? The commitment to protect the trade flows between Great Britain and Northern Ireland, in respect of a permanent guarantee, is contained only in the Command Paper and does not have a statutory basis. Might not a future Government very well disregard it in the absence of bespoke legislation?

[Lord Caine (Con)]

My noble friend will be aware that the statutory instrument, which we will have the opportunity to debate at length, reaffirms the supremacy of UK law, including the Acts of Union, in respect of Northern Ireland. On the trade issue, the aim of the second statutory instrument is to future-proof Northern Ireland’s position within the UK internal market. Of course, no Parliament can bind its successors, but the statutory instrument would ensure that any changes would require changes in law.