United Kingdom Internal Market Bill

Baroness Ritchie of Downpatrick Excerpts

Committee stage & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Monday 9th November 2020 Lords Chamber

I hope that the Government will reflect on the strength of feeling, depth of experience, and wisdom of expertise shown in the debate on these clauses, and will push not for their reinstatement but for their replacement with others that better guarantee that the rule of law, peace, and the balances of power are upheld within our United Kingdom. As the noble Lord, Lord Howard, said, this is not a return to old arguments about Brexit. That debate is long gone and long finished. Like many who were on the other side from him, I now fully accept that the decision has been taken democratically and am entirely supportive of pursuing it. This is about the fundamental values we stand and live by as a nation, now and in the years to come.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a privilege to follow the most reverend Primate the Archbishop of Canterbury. I remind your Lordships’ House that the most reverend Primate and I walked through Downpatrick, along with many others, on St Patrick’s Day some five years ago, as a symbol of reconciliation, because the national saint of Ireland is the very embodiment of partnership, working together and reconciliation—those very issues the noble and right reverend Lord, Lord Eames, has already referred to.

Part 5 is the most egregious part of this Bill, in that it jettisons Article 5 of the EU withdrawal agreement and thus breaks international law, as the Secretary of State for Northern Ireland freely admitted in the other place. The Northern Ireland protocol, which was given legislative effect in the EU withdrawal Bill back in February of this year, was based on an international treaty between the UK and the EU, specifically directed at preventing a hard border of the island of Ireland—a hard border between the EU and the UK—and thus safeguarding the Good Friday agreement.

Yesterday the Foreign Secretary, Dominic Raab, was on “The Andrew Marr Show” where he totally misrepresented the situation, levelling blame at the EU for endangering the Good Friday agreement. I remind your Lordships that it was the EU that sought, and is seeking, to protect the Belfast agreement through the Northern Ireland protocol, and it is the Government who are seeking to destroy it through Part 5 of the Internal Market Bill. I just wish that Dominic Raab would correct the situation. Perhaps the Minister will remind him to do just that, because it is important that we move away from this combative rhetoric to find solutions.

I support many of the amendments in this group, and I am a signatory to Amendments 161, ably spoken to by the noble and right reverend Lord, Lord Eames, about the need for reconciliation, Amendment 162, in my name and those of the noble Lords, Lord Hain and Lord Empey, and Amendment 163 in the names of the noble Lord, Lord Hain and the noble Baronesses, Lady Altmann and Lady Suttie. The first two deal specifically with the need to underscore reconciliation in Northern Ireland and, in the case of Amendment 162, to make provision to ensure that goods coming from Northern Ireland into the GB market are not hindered or discriminate against. Thirdly, Amendment 163 would extend the Trader Support Service, which is currently only to run for two years, indefinitely to protect Northern Ireland exports.

Simply, I do not support borders on the island of Ireland or in the Irish Sea, and I share many of the concerns of my unionist colleagues and want minimal friction on goods travelling from Britain to Northern Ireland. But I support the aims of those noble Lords, ably put forward this evening by the noble and learned Lord, Lord Judge, who seek to remove the offending clauses in Part 5 which deal with the Northern Ireland protocol on the basis that they break international law. In fact, the Northern Ireland protocol was, as I said earlier, established to protect the Good Friday agreement, prevent a hard border on the island of Ireland and assist with the process of reconciliation and north-south economic co-operation. That view was clearly articulated by the Anglican primates, who stated in their letter of some weeks ago to the Financial Times that the UK negotiated the Northern Ireland protocol with the EU

“to protect the 1998 Agreement in all its dimensions.”

To further cite those primates,

“One year on, in this bill, the UK government is not only preparing to break the protocol, but also to breach a fundamental tenet of the agreement: namely by limiting the incorporation of the European Convention on Human Rights in Northern Ireland law.”


The purpose of Amendment 161 is to ensure the protection of the principle of reconciliation, which is at the very core of the Good Friday agreement. Another contributory factor is the need to work on the healing process, which has been painfully slow.

As my former, late, party leader John Hume said after the signing of the Good Friday agreement in 1998, we have to move to solutions, we have to move to that healing process. That is very important. It was the very essence of what the noble and right reverend Lord, Lord Eames, was talking about. By fracturing the Good Friday agreement and the Northern Ireland protocol, we are deviating from that principle.

I humbly ask the Government to give due consideration to that and ask the Minister to ensure that these clauses are removed from the Bill, because I know that tonight, I will be voting with other noble Lords as per the speech of the noble and learned Lord, Lord Judge, to remove them because they are difficult, challenging and undermine the very principles of healing, reconciliation and partnership that we were able to achieve through the Belfast Good Friday agreement. If the Government and the Commons still insist on keeping this part of the Bill, we need to ensure that there are other protective measures: the very things that the noble and right reverend Lord, Lord Eames, referred to. Hence Amendments 161, 162 and 163, which I hope the Minister will consider accepting.

In the Brexit process and all of this, the Government managed to set the nationalist and unionist communities against each other and undermine relations with Dublin by leaving the possibility of a hard border on the island of Ireland on the table. Tonight, I am very happy to support the removal of these clauses and to support the amendments to which I have added my name.

[Lord Hain (Lab) [V]]

My Lords, I agree with everything that my noble friend Lady Ritchie said. The noble and learned Lord, Lord Judge, also spoke for me and, I suspect, virtually the whole House, as did other speakers who followed him.

I shall speak briefly to Amendment 162 and 163, because we know the Brexit realities will hit Northern Ireland first. The EU has been very clear that the protocol must be implemented in full come 1 January. The Trader Support Service, although welcome, will not become live until Monday 21 December, just before Christmas. The following Thursday is New Year’s Eve, after which Northern Ireland will be effectively operating in a different customs and regulatory zone from the rest of the UK. This means that the vital role of the Trader Support Service, the subject of Amendment 163, standing in my name and that of the noble Baronesses, Lady Ritchie, Lady Suttie and Lady Altmann, in directing businesses towards the necessary forms and procedures for moving goods from Great Britain into Northern Ireland, will not be operational until the very last minute. When the Trader Support Service is functioning, it will offer a vital service to keep Northern Ireland businesses integrally linked to the rest of the UK internal market. It is for this reason that Amendment 163 will establish the Trader Support Service more firmly in law as a continuing rather than time-limited commitment.

There is nothing of substance in the Bill that helps reduce frictions to trade that will come for goods crossing from Great Britain into Northern Ireland after 1 January, and Amendment 162 seeks to correct that. Fears about the consequences of retailers avoiding Northern Ireland or facing increasing costs in moving goods from Great Britain into Northern Ireland are real and pressing. In a letter from the Food and Drink Federation to Ministers George Eustice and Michael Gove published on 22 October, the risks are spelled out in stark terms. They say that many GB-based producers are planning to stop supplying the Northern Ireland market after 1 January 2021. Sainsbury’s made an announcement to that effect last week, but the federation added that this does not need to be the case. Solutions are possible and, indeed, many have been put forward by the business community in Northern Ireland itself, but these needs still to be agreed with the EU in the joint committee with the UK.

The Ireland/Northern Ireland protocol means that Northern Ireland is in a unique position vis-à-vis Britain and there is a strong likelihood that the more trade agreements the UK signs with partners around the world, the greater the differences will be between Northern Ireland and the rest of the UK internal market. Indeed, even though the UK Government are committed to seeing Northern Ireland as part of future free trade agreements, there are no firm guarantees that this will happen, or that the other country will agree to it.

The principle of non-discrimination in Amendment 162, also in the name of my noble friends Lady Ritchie and Lord Empey, seeks to ensure that no potential barriers will be added to the movement of goods from Northern Ireland to Great Britain over time. Because Northern Ireland goods will be produced in accordance with EU rules under the Ireland/Northern Ireland protocol, and on the basis of dynamic alignment, there is a risk—if not a likelihood—that divergence between Northern Ireland and Great Britain will grow over time. First, goods in Northern Ireland could be produced to higher standards as the EU increases standards in regulations covered by the protocol and thus the new standards automatically apply to Northern Ireland. Secondly, goods in Great Britain could be produced to a lower standard. Indeed, the Government have indicated that that might be the objective. Therefore, as Great Britain and Northern Ireland standards diverge, there will be increasing barriers to trade and increasing competitive disadvantage for Northern Ireland within the UK internal market.

This amendment would ensure that Northern Ireland goods will not be discriminated against in the UK internal market. Can the Minister therefore explain why on earth the Government would be opposed to that principle?