The noble Lord knows full well that this is a matter for the mayor and Transport for London. The department works closely with TfL on a range of operational and policy issues, but negotiations with trade unions and averting further industrial action on the London Underground are a matter for the mayor and TfL. But the noble Lord makes a good point; we are keeping a close eye on this because it is important that Transport for London is funded properly.
My Lords, many of us who have a close and long association with Transport for London would be deeply keen to see a long-term settlement that covered both operating costs post Covid and the necessary capital investment. But will my noble friend agree that the games that have constantly been played by the Mayor of London since this began, his failure to engage seriously with any responsibilities, and his refusal to take difficult decisions are at the heart of the failure of trust between him and Ministers? Does my noble friend agree that TfL and its fine workforce are suffering as a consequence?
My noble friend makes a good point; supporting TfL and the staff that work so hard for it is important. I say again that we remain committed to supporting London’s transport system, but only on the basis that TfL is returned to a position of financial sustainability in the interests of the UK taxpayer. We are giving some help, but it is important that outdated methods of working are closely looked at. My noble friend is right that trust is the main mantra.
The noble Lord will know better than I do that in terms of consent, ultimately the protocol’s fate depends on the political representatives of the people of Northern Ireland. The Assembly will next vote on the protocol in 2024, as agreed in the protocol itself.
My Lords, the effect of the Northern Ireland Protocol is that any amendment made by the EU to an EU law currently in forced in Northern Ireland has direct effect, with no approval needed by the UK Parliament or by the Northern Ireland Assembly, and will be immediately justiciable in the relevant court in the UK. Will my noble friend consider again if this situation of the people of Northern Ireland is compatible with Article 3 of the first Protocol to the European Convention on Human Rights, which grants an unabridgeable right to free, secret and regular elections to a relevant legislature?
My noble friend is right that any solution in Northern Ireland should have democratic support, which ties in slightly to the previous question from the noble Lord, Lord Dodds. That is why Northern Ireland’s elected representatives have a democratic choice. The Assembly can extend or end Northern Ireland’s alignment with EU law with the first consent decision, as I said earlier, at the end of 2024. This process will repeat every four or eight years, depending on whether consent, if given, is given on a simple majority or a cross-community basis.
I am happy to give whatever information I can to help the noble Baroness. The UK Government are committed to working rapidly with the EU through the Joint Committee to address the outstanding concerns about the protocol to restore confidence on the ground. It is welcome that the UK and EU are able to use the Ireland/Northern Ireland Specialised Committee, which they did as recently as 26 March, to take stock of outstanding issues. Following that, the UK Government have proposed a work programme to the EU—the first step in working jointly to make progress across the full range of issues that remain. However, as the noble Baroness will tell me, this is urgent.
My Lords, the human rights flaw at the heart of the Northern Ireland protocol is that, outwith the Good Friday agreement, binding law and regulation can be amended in a foreign state—in the EU—and then have direct effect in Northern Ireland without any democratic say by the people there. Does my noble friend agree that a first step to addressing this would be to change the protocol so that all binding law and regulation in Northern Ireland is made in a democratic forum where Northern Ireland electors are represented—that is, in this Parliament or, if it is a devolved matter, in the Northern Ireland Assembly? This would strengthen the Good Friday agreement in spirit and action.
All sides need to continue to work together to ensure that the protocol can deliver these objectives and ensure that Northern Ireland continues to build on the gains of the peace process. We need to create the conditions that allow people and businesses to adapt to and implement the new requirements of the protocol. Ultimately, the protocol’s fate depends on the political representatives of the people of Northern Ireland. The Stormont Assembly will vote on it in 2024, as agreed in the protocol.