European Union (Withdrawal) Bill

Baroness Kennedy of Shaws Excerpts

Committee: 1st sitting (Hansard): House of Lords
Wednesday 21st February 2018 Lords Chamber

[Lord Robathan]

This is nothing to do with what we are speaking about. I am not sure whether the noble Lord, Lord Hain, was involved with the Northern Ireland agreement, but some people in this House were, and a great deal of time was taken to get it together. But as life changes, so sometimes we need to adjust or amend things. I think that that is what the noble Lord is trying to do today.

My last point is on the national interest, which has been mentioned. I find it quite embarrassing and demeaning when it is suggested that those of us who believe that our national interest is better outside the European Union are in some way unpatriotic. I say, “I’m all right Jack”: I voted for the future of my country, not for my own future. I voted in the national interest and I hope that everybody in this House can agree that the national interest is what we should all be talking about.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I intervene at this stage because it is important noble Lords know that the European Union Select Committee of this House received evidence from the customs officials who deal with the Norway border and with the Swiss border. We also took evidence on the policing of the Norway border and the Swiss border, to hear just how frictionless it is possible to be and whether technology is on the horizon that could enable us to have what we currently have in Ireland existing into the future without the customs union and the single market. I have to tell the House that the idea that technology is going to solve the problem is absolutely pie in the sky. Of course technology can be used in many positive ways when dealing with vehicles crossing borders; for example, containers can notify in advance the authorities as to what they are carrying and so on. There are methods for that. But you still have to have—even if it is mobile units—the possibility of stopping and searching and testing. Let us be realistic about this. Please do not imagine that there is some magical, technological method to solve the risks that we run in removing the arrangements that have created the current frictionless border.

It shocks me that people have such short memories. I do not have a short memory about the effects of the Troubles. I took part in many of the most serious trials involving the Troubles in Ireland and the way that they impacted on life here in our own cities in mainland Britain. I was involved in the Brighton bombing trial; I was involved in the Balcombe Street siege; I was involved in the Guildford Four appeal. I did many of those cases and I can tell you of the pain they caused for the victims of those acts of violence and the ways that people were affected by and lived in fear because of them. We have very short memories if we do not recall that.

If we are really concerned about the great achievement of getting through that peace treaty and peace process, and about not it putting it at risk, we would not be so cavalier about what is provided by a customs union and why it is so important. Sustaining it into the future must be one of the things we seek to do.

[Lord Hamilton of Epsom]

Can the noble Baroness tell the House what happened before the Republic of Ireland and the United Kingdom joined the EU? At that stage there was a seamless border between two separate countries.

[Baroness Kennedy of The Shaws]

Is the noble Lord at all aware of the number of times there were bombings of customs posts? Is he aware of the number of times there were attacks on those who policed the border? Do we really want to revisit that past? It seems that many do.

[Lord Patten of Barnes]

Can I ask the noble Baroness a couple of questions about the border? Does she think it is an extraordinary coincidence that the principal advocates of forgetting about the Good Friday agreement happen to be some of the most prominent Brexiteers in the party of which I am a member? As I say, that might be just a coincidence. Does she think that there is any imaginable technology in Silicon Valley that could provide frictionless controls in, say, Fermanagh or south Tyrone or south Armagh? I think it would be an act of laureate-winning genius to discover that. Does she also agree that the Good Friday agreement is part of an international treaty between the United Kingdom and the Republic of Ireland? Who in the rest of the world will believe that they can have a treaty with us if we do not keep our word about that?

[Baroness Kennedy of The Shaws]

I could not agree more with the underlying sentiments that have just been expressed by the noble Lord. I have said it in this House before: unfortunately, many of those advocates of Brexit are the very same people who do not believe in international law and treaties; who do not support human rights internationally and their protection; who do not want us to be part of the European Convention on Human Rights, which is an important protection for citizens in this country; and who have reservations about what the peace process in Northern Ireland brought about. I regret that there are those common factors, and it is something that is worth our reflecting on.

[Lord Hain]

The answer to the noble Lord’s question is that we joined the European Union at the same time as Ireland. We were, therefore, in the same situation together outside it, and we have been in the same situation together inside it for over 40 years. What we are doing, for the first time since the historic situation of the common travel area and all the rest of it, is putting ourselves outside it and in a very different place. That is why the problem has arisen.

[Baroness Kennedy of The Shaws]

I should explain that the European Union Select Committee has just been in Brussels—in fact, we returned this afternoon. It always comes as a surprise to so many in this House to know that law that was made in Europe, and all the things we are talking about that emanated from Europe, was not thrust upon us. Many of those regulations and much of that law were created by British lawyers, politicians and representatives collaborating with people across Europe and with our Irish colleagues to make a fabric that makes trade and many other things work. The idea that we are in many ways rending that apart is a source of great regret and we are putting at risk the peace that we have created across Ireland.

[Lord Green of Deddington (CB)]

Before the noble Baroness finally finishes, is there not a slightly troubling aspect to this? I take the point that we have an international treaty that we must keep, but there is a slight feeling that the threat of terrorism in Ireland is overruling all other considerations. It could be seen as strongly influencing our arrangements with Europe.

[Baroness Kennedy of The Shaws]

It is the very opposite. It is the fact that peace has been secured. That is one of the great achievements of our being in Europe and working so closely with our European neighbours. It is the product of collaboration. This is not about the potential threat of terrorism, but about a celebration of the fact that we have achieved peace and a recognition of one of the mechanisms that has helped to secure that.

[Lord Taylor of Holbeach (Con)]

My Lords, I wonder whether it might not be an idea to hear from the Minister at this stage. I have been watching the debate and it is clear that we are covering a lot of ground that we will cover in Committee. We are in Committee now and not at Second Reading. It would be appropriate if we heard from the Minister.