Ireland/Northern Ireland Protocol: Scrutiny of EU Legislative Proposals (European Affairs Committee Sub-Committee Report)

Baroness Altmann Excerpts

Friday 20th January 2023 Lords Chamber

[Baroness Altmann (Con)]

My Lords, I, too, congratulate the noble Lord, Lord Jay, for his diplomatic handling of his remit and his excellent introduction to today’s debate. The fact that unionists, Brexiteers and remainers have all paid tribute is a testament to his skills.

Of course, the hard Brexit chosen and the Northern Ireland protocol agreement signed must entail a democratic deficit; that is agreed by all now. Practical suggestions have been proposed by, among others, the noble Lord, Lord Hain, and I wonder whether my noble friend the Minister could respond as to whether his Government will take any of those suggestions forward.

The democratic deficit is of serious concern. There was insufficient consultation and approval from all Northern Ireland parties before finalising the arrangements for our future relationship with the EU. Northern Ireland was never going suddenly to attach itself geographically to the rest of Great Britain and suddenly magically separate itself from the single market and the EU. There was always going to be a need for practical arrangements of some kind, or regulatory alignment. The noble Lord, Lord Hannay, has proposed some equally practical suggestions for giving Northern Ireland a voice. Will my noble friend consider taking any of those forward?

The answer to the democratic deficit must not just be to replace our country’s vital parliamentary checks and balances by ministerial diktats, which override and break the agreement that our own Government signed. Of course, the noble Baroness, Lady Hoey, is right that perhaps we should never have signed it, but sign it we did—we are where we are. It feels as if the Government are still not taking seriously the implications of the actual agreements that they have signed with the EU.

Can I ask my noble friend to please answer the question raised by the committee and by the noble Baronesses, Lady Ritchie and Lady Suttie, today about whether the Government are keeping a single log of all cases of regulatory divergence arising from EU and UK legislative changes since the Northern Ireland protocol came into force? Will they publish this, since that is surely essential for future arrangements?

My noble friend Lord Lamont stated that Brexit did not require dynamic alignment. That is true, but it is not as a consequence of EU unwillingness to adopt alternative arrangements that we are where we are. My noble friend Lord Hannan suggested, for example, that there be no checks at all. I must respectfully disagree. Does my noble friend the Minister agree with our noble friends on this? If so, why did our Government sign the protocol, which requires that to happen? What are the other arrangements that could or should have been conceded?

The single markets lies at the very heart of the EU. When our then Prime Minister signed the withdrawal agreement and the protocol, how did he believe that it could fulfil the requirements of the Good Friday agreement and meet the demands of all parties? The fact that, immediately after signing that there would be a border in the Irish Sea, he declared that no customs checks would be required does not change the reality. Was the plan to use Northern Ireland as a Trojan horse to gain favoured access from the mainland to the single market? I cannot say. In the meantime, however, can my noble friend update the House on talks that are going on with the EU on the Northern Ireland protocol?