Northern Ireland Protocol Bill

Baroness Altmann Excerpts

2nd reading
Tuesday 11th October 2022 Lords Chamber

[Baroness Altmann (Con)]

My Lords, I thank my noble friend, his department and our Whips for their engagement with my serious concerns about this Bill. I have great sympathy with my noble friend on the Front Bench; I cannot imagine he has been in a very comfortable position recently given what is contained in this Bill. As my noble friends know, I cannot support this Bill but I am delighted that there are negotiations and that we are, I hope, going to be able to reach some kind of negotiated settlement.

The UK that I have grown up in and that I love, and that so many global nations respect, is a parliamentary democracy that defends the rule of law and the international rules-based order; it has a reputation for integrity, trustworthiness, honesty and morality. This Bill undermines all these traditional elements of our international standing. I am ashamed that this legislation is before us and find its measures baffling, frightening and indefensible.

As has been said, the clauses of the Bill dismantle an international agreement, recently signed, which has been operating as described by the 2019 impact assessment. The doctrine of necessity cannot be used here for reasons eloquently explained by my noble friend Lord Howard, the noble Lord, Lord Pannick, and others. The problem is our decision to leave the EU and, in particular, the decision to adopt a hard Brexit, leaving the EU single market and customs union while having a land border with the EU. The un-British belligerence contained in this Bill and the fantasy thinking that the UK can dictate its own terms to other countries by threat and wish away geographical realities and international law are, quite frankly, shocking.

In a world where Northern Ireland was no longer attached to Ireland, no border checks would be needed and goods could flow freely into the single market. In a world with the promised alternative arrangements, there might be no need for border checks as technology—which, by the way, is not available anywhere in the world—would magically solve the problem which the Northern Ireland protocol aims to deal with. There may be a world, but it is not one that I recognise, where countries can sign international co-operation agreements with fingers crossed behind their backs and tear them up soon afterwards to please a political party, but that surely is not our country.

However, the most egregious element of this Bill is not the legal element; for me, it is that it overrides our parliamentary democracy. It seeks to enshrine in law our country becoming an elected dictatorship where Ministers can bypass Parliament and simply decide even to break international law should they so wish. The breathtaking, untrammelled powers putting our international standing at risk, potentially overriding human rights—as the noble Baroness, Lady Kennedy of The Shaws, has explained—and risking starting a trade war with the European Union should this Bill pass, are, quite frankly, baffling.

My noble friend Lord Frost may have been in earnest when he told us that we must not repeat the mistakes he was dealing with where Parliament was usurping the power of the Executive. But since when do we have a system of government where Parliament has no right to stand up against measures damaging our national interest. Having listened to the hours of debate thus far, I have to say that it is clearer to me than ever that this House has a duty to oppose this Bill.

--- Later in debate ---

[Lord Stewart of Dirleton (Con)]

My Lords, I think it would be wrong of me at this stage in the Second Reading to engage in a deeper debate. I refer the noble Lord to the terms of the legal statement issued by the Government.

On the diminution of rights which were raised among your Lordships, I return to the point raised by my noble friend Lord Moylan and indeed by other Members of your Lordships’ House from Northern Ireland: what are we to say of the diminution of rights which strips from citizens of this country the right to make laws? Must we not look to that? At present, the circumstances of Northern Ireland strip our fellow countrymen of that right.

[Baroness Altmann (Con)]

My Lords—

[Lord Stewart of Dirleton (Con)]

I will not give way at this stage.

An argument which was deployed by some of your Lordships, beginning with the noble Lord, Lord Ricketts, and continued by my noble friend Lord Northbrook, was that by these steps the Government are damaging the trust in the United Kingdom among its international partners. There is no reason why this legislation should damage trust among our international partners. The Government want to move past issues with the protocol and focus on the key global challenges, such as those emanating from the current Government of Russia. As regards this country’s standing in the world at large, people furth of this country will look to the unhesitating support offered by this country to a democratic state imperilled by an aggressive neighbour and take that as the badge and measure of this country’s approach.