Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020

Baroness Hoey Excerpts

Tuesday 1st December 2020 Grand Committee

[Baroness Hoey (Non-Afl)]

My Lords, I thank the Minister, who has probably drawn the short straw today. He has just heard from two noble Lords who understand hugely the history and the whole process of the Belfast/Good Friday agreement and subsequent policies. It is also a privilege to have here the noble Lord, Lord Trimble, who also knows it inside out. I therefore sympathise with the Minister because clearly, even the title of this statutory instrument—“Democratic Consent Process”—is amazing. As the noble Lord, Lord Moylan, who is also here today, said in a debate on a statutory instrument last week, the only place in Europe where we are de-democratising is Northern Ireland. We have had an explanation from the Northern Ireland Office of the administration of this process in four years’ time which is genuinely full of gobbledegook. It would require quite a lot of concentration even to work out how it could possibly happen. Of course, that is four years away.

What concerns me is that, as both noble Lords have already said, we are talking about consenting in four years’ time. We have not agreed, and Northern Ireland has not agreed, to the protocol. It is ironic that we are talking about how it could be changed in four years’ time, given that we have not even had the opportunity to discuss how we could change it now, because we have not been asked.

Obviously, I continue to be very involved with Northern Ireland, but I bow to the experience of those who have already spoken. The Minister, the various interpretations given and the Library briefing talk about protecting the Belfast/Good Friday agreement. My question to the Minister is: how can you protect something that has already been broken, and broken so clearly? The withdrawal agreement overall rips the Good Friday agreement apart. The laws governing some 60% of economic activity in Northern Ireland will no longer be made at Westminster or by the devolved Assembly, but by an outside law-making body—the European Union—and will be subject to interpretation by a non-UK court. Clearly, anyone who looks at this issue will see that the constitutional position of Northern Ireland has been changed, without the consent of the people of Northern Ireland as required by the Belfast agreement. No one is going to have a say in this.

The noble Lord, Lord Dodds, talked about no one having a say in these decisions. Of course, the people who will likely have more of a say in Northern Ireland are the Irish Government, who are members of the European Union and are well in with the European Commission. We will find more and more that decisions will be taken based on what the Dáil and Ministers in the Irish Government think, rather than our own Government in the United Kingdom.

The whole issue of consent has been based on the fallacy that it was impossible to have a trade arrangement between Northern Ireland and the Republic of Ireland, whereas it was very simple, apparently, to have a trade border between Great Britain and Northern Ireland. I appreciate that the Government have to try to defend this, but I cannot see how anyone cannot accept that this has broken the Belfast agreement. It has broken the trust of many, many people in Northern Ireland in their own Government and their protection of their right to be British.

Obviously, we will get the internal market Bill and I will fight very hard to ensure that your Lordships’ House reinserts the clauses that were taken out, because they are absolutely crucial, and just a little bit of help in what is a very dangerous situation.

I ask the Minister: what happens if all this breaks down before the four years is up? We have no idea what could happen. Hopefully, the Assembly and the Executive will continue, but what happens if the Assembly breaks down and there are no MLAs? Frankly, if the Assembly breaks down again, I doubt whether the people of Northern Ireland will accept MLAs continuing to be paid fully for another three years. It appears that the word “consent”, as interpreted by the Government, means “consent” only if it something that suits the Government; if it does not, it is no longer required.

As someone who campaigned very hard to get us to leave the European Union, I voted for the whole of the United Kingdom to do so. Let us not forget that 44% of the people of Northern Ireland voted to leave the European Union, and as part of the United Kingdom—not as this little sideshow, separated out, with new rules, new business difficulties and extra costs that taxpayers will pick up. Very little can be done between now and the beginning of January, but I just want Ministers and the Government to be honest about this and accept the situation. I know that when this was finally signed up to, the Government were under great pressure from those who wanted us to stay in the European Union, and there was time pressure, but it should not have happened without the people of Northern Ireland being taken along with them.

I find it very difficult to support this SI, but I know that my vote will not make any difference, so I will not be calling any kind of vote.