Northern Ireland Protocol

Baroness Ritchie of Downpatrick Excerpts

Tuesday 28th February 2023 Lords Chamber

[Lord True (Con)]

My Lords, on the last point, as the noble Lord has set out, clearly the initiative comes from the request, which is consonant with the existing petitioning system that action should be taken and then that matter discussed in the joint committee between the two Governments. It would be the British Government who would operate the veto, but that would be a very open process. Obviously, I cannot commit future British Governments, but one would expect that, in those circumstances, the British Government would give the very greatest weight to the points that have been put forward by the Stormont Assembly.

As for as the range of EU law, I will have to write to the noble Lord on the specific number of instruments, but, as the Prime Minister set out very clearly, about 1,700 pages of EU law will be removed. The Statement was absolutely honest that about 3% of EU law provisions will remain in relation to goods and the matters covered by the protocol, but I submit that some of them, for instance, relate to the single electricity market on the island of Ireland. These are matters where Northern Ireland itself gains a great deal from being within the all-Ireland and wider single market, and Northern Ireland businesses have argued for it. I must repeat that we are talking about 3% here, as against 97% removed.

It was very kind of the noble Lord to speak kindly of me, and I have equal respect for him. I urge him and his colleagues to reflect and think carefully in the future, and realise that there may be some aspects where it may be to the advantage of all the people of Northern Ireland for that 3% to stay. But on the other areas, the Statement is absolutely clear, and this is an important treaty change—I repeat, a treaty change—that what will apply to so much in this framework now is not EU law but international law governed by the Vienna convention.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I thank the Leader of the House for the Statement. I welcome the progress made in the Windsor Framework because it will lead to a reduction in Brexit friction and lead the way forward for those in Northern Ireland who are interested in consensus and prosperity. Does he agree that there should now be a restoration of the political institutions in Northern Ireland, notwithstanding the concerns around the Stormont brake? We should also consider the fact that 56% of the people of Northern Ireland voted to remain in the European Union and support the protocol because of its provisions on dual access. Can he provide the House with an assurance that dual access to both markets, which is required by businesses in Northern Ireland, will continue? Further, can he provide clarification in relation to the Stormont brake? Who will trigger the process, what will that process contain, and what will constitute the need for such a triggering of the process?

[Lord True (Con)]

My Lords, as set out in the Statement, I say that the brake will come from the Assembly and, as with the petition, from 30 MLAs; however, it will have to come from more than one party, as in the current arrangements. Obviously, the intention of the framework is not to deny Northern Ireland access to the market in the rest of the island of Ireland. Indeed, for some industries, there is great dependency on trade across the border; that is inherent in the small part of the trade and co-operation agreement that I was discussing with the noble Earl, Lord Kinnoull. We hope that openness to the Republic of Ireland in respect of the market and trade in it will be preserved in this agreement; however, the fundamental point is that the agreement also addresses our UK internal market and strips down unacceptable barriers to east-west trade, which have rightly caused concern and regret in Northern Ireland.