European Union (Withdrawal) Bill

Debate between Lord King of Bridgwater and Lord Murphy of Torfaen

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

[Lord Murphy of Torfaen]

My noble friend is absolutely right: it was a huge development, and of course all this was voted on in a referendum, north and south. In both Northern Ireland and in the Republic of Ireland, there were big majorities for precisely that.

But Brexit does affect where we are in Ireland and affects the principles of the Good Friday agreement to a certain extent. In the first place, Ireland, of all the 27 countries left in the European Union when we have departed, will be the most affected by Brexit; of that there is no doubt. It also means that some unionists in Northern Ireland—not all—now believe that exiting the European Union will in some way reinforce their Britishness. Some nationalists and republicans—not all—believe that Brexit will bring a united Ireland closer. None of that helps because at the end of the day the agreement was about an agreed island.

The noble Lord, Lord Hay, talked about the need for balance in all this. He was absolutely right: that balance can be upset by what is happening as a result of the debate on Brexit—not necessarily Brexit itself, but the debate on it. The purpose of the amendment before us is to enshrine the principles of the Good Friday agreement in the Bill.

[Lord King of Bridgwater]

My Lords—

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[Lord King of Bridgwater]

The noble Lord speaking for the Opposition held the office of Secretary of State for Northern Ireland with distinction. He knows that during all that time he never shared joint authority. Will he comment on why an amendment may be carried by a number of his noble friends that will, for the first time, enshrine in legislation—this is the proposal—that we change the policy, which has been agreed between parties during all these years, that we do not have joint authority in Northern Ireland?

[Lord Murphy of Torfaen]

No, no; I do not think for one second that this amendment refers to or is about joint authority. What it is about is the recognition that both the British Government and the Irish Government are joint guarantors in international law of the Good Friday agreement. That is what it is about. Also, the agreement itself set up the British-Irish Intergovernmental Conference, which meets from time to time in order to deal with matters of common concern.

To return to the amendment, it rejects a hard border. The word “hard” has been debated by a number of speakers. The Government themselves have attached the description to what they do not want. The Government do not want a hard border, the Opposition do not want a hard border, the European Union does not want one, the Government of Ireland do not and nor do any of the parties in Northern Ireland. None of them wants a hard border, and all this is doing is putting into the Bill what everybody actually wants.

The amendment protects the Northern Ireland Act 1998, which as it happens I steered through the Commons 20 years ago. That set up the Assembly and the Executive and dealt with rights and equality. The noble Lord, Lord Trimble, asked: should we not have the Good Friday agreement in the amendment rather than the 1998 Act? Of course, the 1998 Act incorporated a great deal of the agreement and was based on the principle of the consent of the people of Northern Ireland.

The other issue is that of the north/south arrangements. There is no question, in my view, that those are extremely important and need to be protected as a vital part of the agreement, and they actually deal with millions of pounds of European funding for cross-border projects. All the amendment is about is a guarantee that the integrity of the Good Friday agreement is enshrined in law and put into the Bill.

The actual, real threat to the agreement in Northern Ireland is the fact that there is no Assembly or Executive there. The institutions should be restored. Their absence is the real threat to the Good Friday agreement and one that I hope the Government will work intensely over the next weeks and months to resolve. As parliamentarians in both Houses, we need to protect one of the most successful peace processes of modern times, and I believe that the amendment goes a long way towards doing that.