Windsor Framework (Democratic Scrutiny) Regulations 2023

Lord Morrow Excerpts

Wednesday 29th March 2023 Lords Chamber

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[Lord Morrow]

Leave out after “that” and insert “this House declines to approve the draft Regulations because rather than eliminating the democratic deficit they make provision for law to be made for Northern Ireland in 300 policy areas by the European Union in whose parliament the people of Northern Ireland have no representation; because they only give the Northern Ireland Assembly the right to try to prevent the amending or replacing of EU law in relation to laws pertaining to product regulation, and give no such right in relation to other legislation in areas such as VAT, State Aid, customs, electricity etc.; because the freedom of the Assembly to try to prevent the application of changes made to EU law applying to Northern Ireland is further constrained by the requirement that the change in product regulation must have a significant and lasting effect, and even then the EU can object, sending the matter to arbitration which might find against the position of the Northern Ireland Assembly, a situation which confirms that the Stormont brake is not a veto, and even if arbitration finds in favour of the position of the Northern Ireland Assembly, the consequences of this are very limited and this highly constrained expression of democracy is subject to retaliatory remedial action by the EU; and because the requirement to subject the existing Westminster brake to an applicability motion from the Assembly can be ignored by His Majesty’s Government”.

[Lord Morrow (DUP)]

My Lords, when announcing the arrival in another place of the statutory instrument that is now before this House, the leader of the House described the provision as a “keystone” in the Windsor framework. This is interesting because, until February, government engagement with the problems associated with the protocol had focused almost entirely on the practical economic difficulties relating to having a customs border dividing the UK in two.

In truth, however, the democratic problem is the place to start because it precedes the economic problem. The only reason to have a border down the Irish Sea is to protect the integrity of the different legal regime in Northern Ireland that results from the imposition of a different legal order on us, in 300 different areas of law, by the European Union—a polity of which we are not part, with a legislature in which we have no representation at all. Thus the border down the Irish Sea is, first and foremost, the border of our disfranchisement before it is the border that sets us apart from the rest of the UK economically. Both result from the partial suspension of the Acts of Union.

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[Lord Clarke of Nottingham (Con)]

Does the noble Lord accept that if Northern Ireland does not in future accept the bulk of the single market rules, it will have to leave the single market? That will entail a border between Northern Ireland and the Republic, and the end of the Belfast agreement. Is that the alternative that he is suggesting? If it is not, does he have any positive alternative suggestion that is compliant with the Belfast agreement?

[Lord Morrow (DUP)]

My Lords, we joined Europe as one identity. Why are we not leaving it as a single identity? Are our votes not important any more?

[Lord Jay of Ewelme (CB)]

My Lords, the Windsor Framework is a compromise between the United Kingdom and the European Community. As with all compromises, neither side gets everything it wants. But it seems to me that, although the Windsor Framework is not perfect, it is a distinct improvement over the original protocol. The Stormont brake we are debating is an essential part of the Windsor Framework. It, too, is imperfect, and, despite the explanations of the Government and the Minister this afternoon, it is not clear to me exactly how it will work in practice.

Among other things, it will need the European Commission to provide the British Government with the right information about legislative proposals in good time, and it will need the British Government to pass the right information to the Northern Ireland Assembly in good time. “In good time” must surely mean “before EU legislation is set in store”, so that Northern Ireland concerns can be taken fully into account when it really matters. Could the Minister confirm that that will be the case?

Can the Minister also confirm that the Northern Ireland institutions will be strengthened to enable them to carry out the proper scrutiny under the terms of the Stormont brake? That will help the committee on the protocol, and now the Windsor Framework—which it is a great privilege to chair—in our current examination of the Windsor Framework, including the Stormont brake. The committee looks forward to hearing from the Foreign Secretary shortly on that subject.

Therefore, the Windsor Framework is not perfect, and neither is the Stormont brake. There is much still to examine, and they will both, no doubt, evolve. But the great advantage of the Windsor Framework is that it not only proposes a potential solution to the intractable problems of the protocol but opens up the prospect of a constructive relationship with the European Union and its member states, and a less fractious relationship with the United States. Those are important gains that will benefit the whole of the United Kingdom, including Northern Ireland.

I note that, although the polls must be taken with caution, they suggest that majority opinion in Northern Ireland is in favour of the Windsor Framework. On the other hand, history teaches us that policies introduced in Northern Ireland without the support of all main communities may not lead to the stability that Northern Ireland needs and craves. I hope the Government can square that circle.

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I fully acknowledge, as a number of noble Lords have pointed out this evening, that the Windsor Frame- work is not a perfect document; indeed, no deal ever will be. However, I believe that if we seek the unattainable, we genuinely risk making the pursuit of the perfect the sworn enemy of the very good. Therefore, today, I firmly believe that the framework, of which these regulations are such an important part, represents very significant improvements on the old protocol negotiated in 2019, my views on which are a matter of record. The framework can, in my opinion as a staunch unionist, form the basis for building a stronger, brighter future for Northern Ireland, a Northern Ireland that works. In that spirit, I urge colleagues across the whole House to support these regulations, to reject the fatal amendment to the Motion and, as one United Kingdom, to make these objectives a reality. Therefore, I commend the regulations to the House.

[Lord Morrow (DUP)]

My Lords, this has been a fairly long debate. Sometimes those of us who come from Northern Ireland feel that we do not get a fair crack of the whip in time, and sometimes we complain that our business is put back to a late hour. However, there is no complaint about that today. I will not be very long, because I know that people are straining at the knot to get voting, and I am not going to deprive them much longer. However, I wish to respond to one or two things, and I will be brief.

I am slightly disappointed with what the Minister has said in his response. Rather than disagreeing with me that the protocol or the Windsor Framework—dear knows what else it will be called—creates an arrangement wherein the people of Northern Ireland can no longer stand for election to make the laws to which they are subject, his point is that this was a result of the protocol in 2021 and that the regulations make a bad situation slightly better. That is a poor win, and with respect, I disagree. When the protocol was introduced, many believed that it was a temporary arrangement and did not believe for a moment that they were voting for the long-term partial disenfranchisement of the people of Northern Ireland. Such a proposition was plainly absurd in a context where the peace process is based on the renunciation of violence and a commitment to exclusively democratic means.

We could go on to talk about the behaviour of the Taoiseach going round Europe with an old newspaper saying, “This is what’s going to happen”; it was something he pulled out from 1971 or some time when the Troubles were at their height, and that was a disgraceful way to behave. However, in this context the primary significance of today’s regulations is not that they address the injustice of our being disenfranchised but that they actively seek to make it permanent.

Rather than representing something positive, these regulations try to sanitise, albeit it very ineffectively, the basic disfranchisement and debasement of Northern Ireland citizens through the provision of a slightly stronger but still second-class citizenship in some very narrow contexts. If the United Kingdom is to have a future, no part of our country can be treated in this way, and I ask Members to note that.

I want to respond to the noble Lord, Lord Swire. He said to me very directly, “You’re too late.” I must have missed an opportunity to bring this amendment earlier. When do you vote against anything? Surely it has to be on the Floor of the House, and my recollection is that this is the first opportunity. Maybe I am not the one who is late here; maybe it is the Minister or someone else. I never had an opportunity to vote against this before, so I can only do it today. So it is a bit disingenuous to say that, but anyway, we will forgive him.

The noble Lord, Lord Clarke, asked, what is the alternative? I am sorry he is not here but there is an alternative—one that does not interfere with the Belfast agreement, Ireland, Northern Ireland, the UK or Europe. It is simply called mutual enforcement. Maybe sometime, when they get round to thinking straight, we will all take a look at that and see where it can take us.

I also have to say that the noble Lord, Lord Bew, was slightly disingenuous. He is not always like that; I do not know why—maybe we are all tired. I remind everyone that the DUP will decide whether our seven tests are met or not. What is unreasonable about that? Furthermore, it will not be the Prime Minister—no disrespect to him in his high position—nor Members of your Lordships’ House. It is pure, unadulterated nonsense to pretend that our tests have nothing to do with EU law. Come on: where have we all been this last while? The reason why most of the tests exist is that Northern Ireland is subject to EU law: nobody, but nobody, could miss that. To meet these tests, you have to clearly deal with the underlying problem, and we are not dealing with that underlying problem tonight. For example, checks between GB and Northern Ireland exist because we are under EU law. I do not know how we can make it any clearer. That has to be dealt with to get rid of these checks.

Further, it is time to stop the spin, which has been referred to here on a number of occasions. It needs to stop and reality needs to be played into the centre. I listened to the noble Lord, Lord Murphy, who said that our problem is Brexit. I believe there are Members of your Lordships’ House who will never forgive the 17.4 million people who voted for Brexit. That seems to be unforgivable, and they will never get over it. I cannot help them get over it; it is just a fact.

I will not say anything more. Everybody is ready to do what they have to do, and I will not delay it any more. I wish to test the opinion of the House.