Protocol on Ireland/Northern Ireland: Supreme Court Judgment

Baroness Smith of Basildon Excerpts

Thursday 9th February 2023 Lords Chamber

[Lord Caine (Con)]

I am very grateful to the noble Lord for his question. I gently point out that in the Supreme Court the Government won on all counts brought by the applicants. On his specific points, the Supreme Court was very clear that Northern Ireland remains an integral part of the United Kingdom. The position set out in the Belfast agreement is very clear: Northern Ireland is either fully part of the United Kingdom or it is fully part of a united Ireland, which will only ever be determined by the consent of the people in Northern Ireland. That remains unchanged.

[Baroness Smith of Basildon (Lab)]

My Lords, the Supreme Court judgment is welcome in that it provides legal certainty where there was uncertainty. The protocol negotiated by this Government—I see that the noble Lord, Lord Frost, who was responsible for it, is in his place—is by no means perfect. There are problems with it, which is why it is being renegotiated. I distinctly recall Ministers in your Lordships’ House saying that the protocol was essential to protect the Good Friday agreement, but now the Government tell us they have to change it to protect the Good Friday agreement. Only one of those statements can be true.

Businesses in Northern Ireland have been forced to adapt to their circumstances. They have put a lot of effort into adjusting to this. To unilaterally remove it would be the worst thing for businesses in Northern Ireland. There are reports that some limited progress is being made in negotiations. How confident is the Minister that the outstanding issues can be resolved quickly and in a manner that can draw broad, if not unanimous, support from across Northern Ireland?

[Lord Caine (Con)]

I am very grateful to the noble Baroness. As I have said on many occasions, she is a very distinguished former Northern Ireland Office Minister. We debated these issues at some length on Tuesday evening during the passage of the Northern Ireland Budget Bill. I was very clear that evening that for many businesses and sectors there are elements of the protocol that are working well. I referred to a recent meeting I had with the Dairy Council and Lakeland Dairies in Newtownards. For those businesses, EU single market access, as provided for in the protocol, is not just desirable but essential. We are committed to preserving that. I also said that there are many problems with the protocol for other sectors. It has led to diversions of trade and increased burdens on business. It has disadvantaged consumers and led to political instability—witness that there are no institutions at the moment.

On the noble Baroness’s question, I will not comment on what may have been written in newspapers. The Government’s preference is to resolve these matters through a negotiated agreement with the European Union. As I said in my initial Answer, we are working tirelessly towards that end.