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

Baroness Hoey Excerpts

Friday 20th January 2023 Lords Chamber

[Baroness Hoey (Non-Afl)]

My Lords, the noble Lord, Lord Jay, has made some very sensible points on behalf of his Select Committee on improving the scrutiny of EU legislation applying to Northern Ireland and the democratic deficit. However, that all addresses the symptoms, not the problem.

What is the point of that scrutiny? We could sit for hours scrutinising everything that the EU wants to do to Northern Ireland if we cannot say no and change it. Millions of people voted to leave; many of us voted to get rid of the EU telling us what we had to do and what we could not get out of because of majority voting. This will not all be solved in any way, no matter how good some of the points on scrutiny are. We do not need the scrutiny—we should not need it—because we should not have the protocol.

The truth is that the Government should never have signed up to the protocol. I know that it is an international treaty, but it came after another international treaty—the Belfast/Good Friday agreement—and now, without doubt, the protocol is destroying that agreement and the hugely important principles of both cross-community consent and the democratic deficit. I wonder how long we in this House and in this country can allow a treaty to continue when it is working absolutely against the unity of its own country. The courts have said that it is subjugating the Act of Union and, when it is brought down, devolved government.

The Government may talk about taking back control, but, even last week they produced a statutory instrument to introduce the Official Controls (Northern Ireland) Regulations 2023, which gives powers to UK Government Ministers to implement and supplement the protocol by building structures at the ports in Northern Ireland for customs and other checks. If Northern Ireland officials do not apply these laws, a foreign court will impose sanctions on the UK.

However, Article 64 of OCR 2017, the regulation that they seek to give effect to, requires border control posts at the entry into the EU. By building these posts in Northern Ireland, the Government are accepting the principle that Northern Ireland is part of the customs territory of the European Union. Pre-action legal proceedings have now been lodged, which will force the Government to finally take an honest position. Is Northern Ireland part of the UK customs union, as is boldly proclaimed in Article 4 of the protocol, or is it part of the EU, as per the statutory instrument, which treats Northern Ireland as part of the EU? I am sorry to say it but the Government are speaking in a kind of double-speak; it is as if they want to conceal their true intent and kid people in Northern Ireland that they are actually really going to sort the protocol, when they have no intention to do so.

I refer noble Lords to the recent publication of an excellent report from the Centre for the Union written by Ethan Thoburn, Jamie Bryson and James Bogle, which gives very clear views on how we can restore Northern Ireland’s place in the union. It is a paper analysing the impact of the protocol on Northern Ireland’s constitutional status. Many noble Lords have talked about the Assembly coming back. Really, the Government have to accept, realise and understand that, until Northern Ireland is fully back as an integral part of the United Kingdom, Northern Ireland devolution will not happen and the Northern Ireland Assembly will not come back. That needs radical change to the protocol, not tinkering.

If only the Secretary of State for Northern Ireland would, rather than denigrating those parties that are sticking to their mandate of saying that they would not go back into devolution until the protocol was sorted, spend more time trying to convince Ministers, particularly in the Foreign Office, that the protocol has to go, and there has to be a restoration of Northern Ireland to its rightful place in the UK. It is only when that happens that we will get devolution back.