Command Paper Safeguarding the Union

Baroness Smith of Basildon Excerpts

Wednesday 6th November 2024 Lords Chamber

[Lord Lexden]

To ask His Majesty’s Government what progress they have made in implementing the measures set out in the Command Paper Safeguarding the Union (CP 1021), published in January.

[The Lord Privy Seal (Baroness Smith of Basildon) (Lab)]

My Lords, the Government are committed to implementing the Windsor Framework in good faith and protecting Northern Ireland’s place in the UK internal market. We also continue to take forward policies as set out in the Safeguarding the Union Command Paper. Most recently, the Secretary of State for Northern Ireland announced members of the independent monitoring panel and underlined the Government’s commitment to the establishment of InterTrade UK, which I am pleased to see will be chaired by the noble Baroness, Lady Foster. The Government will shortly be announcing a date for the next east-west council.

[Lord Lexden (Con)]

My Lords, is it not the case that the Command Paper rests upon a principle that everyone should welcome and endorse—namely, that the union of Great Britain and Northern Ireland should be as strong and successful as possible? The measures set out in the Command Paper to strengthen the UK internal market include scrapping the legal duties on Ministers to promote and an all-Ireland economy. Is it not important that this be done and imperative to emphasise that, while cross-border co-operation in trade helps everyone, it takes place between states, any form of joint sovereignty and joint authority over Northern Ireland has been firmly ruled out?

[Baroness Smith of Basildon (Lab)]

My Lords, I think the noble Lord perhaps misunderstands what is intended. The legal requirement in the report is to “have due regard”, and that persists as long as the section remains in force. In practice, the contents were largely an agreement in principle that has been superseded by the more detailed arrangements of the Windsor Framework and the wider withdrawal agreement. He will know—and I think it is embedded in this House—that we are committed to the place of Northern Ireland in the United Kingdom.

[Lord Dodds of Duncairn (DUP)]

My Lords, would the Minister accept that, whatever progress is made in Safeguarding the Union—and I, for one, did not believe it goes far enough—it does not deal with the fundamental problem of the Windsor Framework protocol. People in Northern Ireland, of whatever political persuasion, are disenfranchised. We have no power over 300 areas of law, including vast swathes of the economy. A foreign political entity makes those laws, develops and amends them, without any say or vote by any MP elected in Northern Ireland or any Member of the Northern Ireland Assembly. Surely that colonial status, in part of the United Kingdom, the fifth or sixth biggest economy in the world, is something that is untenable and acceptable in economic, constitutional and democratic terms.

[Baroness Smith of Basildon (Lab)]

My Lords, the noble Lord supported Brexit at the time, and he will be aware that the way in which Brexit was undertaken brought with it enormous constitutional implications. We have always sought to safeguard the position of Northern Ireland in the UK and in the internal market, but he will understand the pressures on business. We will do all we can to reduce those pressures to make it as stable as possible. Northern Ireland is an integral part of the UK, and the internal market is an important part that we will do everything we can to safeguard.

[Lord Howell of Guildford (Con)]

Does the noble Baroness agree that, even since the publication of this report last January, there has been considerable and important new thinking on trade facilitation of all kinds, particularly within the United Kingdom? Will she assure us that the report published today by the Trade Facilitation Commission, which contains many of these ideas, is taken full account of by the independent monitoring group or whoever is going to be driving this pattern forward?

[Baroness Smith of Basildon (Lab)]

My Lords, the most important thing here is to safeguard the trading position and the internal market. When ideas, suggestions and reports come forward, of course they will all get the due consideration that they deserve in the best interests of the Northern Ireland.

[Baroness Foster of Aghadrumsee (Non-Afl)]

My Lords, I thank the Minister for her answers thus far and declare my interest as chair of InterTrade UK. I asked her colleague the noble Baroness, Lady Anderson, about the removal of Section 10(1)(b) of the European withdrawal Act, as committed to in Safeguarding the Union. This follows on from the Question of the noble Lord, Lord Lexden. In a Written Answer, I have been told that the Government are not minded to repeal it, despite the fact that it was a commitment in Safeguarding the Union. My simple question is: why?

[Baroness Smith of Basildon (Lab)]

My Lords, I apologise if I was not clear in my Answer to the noble Lord, Lord Lexden, but I thought that I was. As was also said in her Written Answer, as I understand it, in practice its contents are primarily an agreement in principle that has now been superseded by the more detailed arrangements of the Windsor Framework and the wider withdrawal agreement.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, is the noble Baroness aware that, just as the Kremlin interfered in the referendum on Brexit, because it is in its interest to see the break-up of the European Union, it is now undermining the United Kingdom in a number of ways, including through social media, particularly in supporting certain parties in Ireland and in the rest of the United Kingdom? Will she discuss with colleagues having increased activity by our intelligence services and others to try to make sure that this is stopped immediately?

[Baroness Smith of Basildon (Lab)]

My Lords, if there is any malign influence in the elections in this country or its politics from a hostile state, or any other country that seeks to undermine our democracy, we will of course do whatever is necessary to protect our democracy, which we regard as having the utmost integrity.

[Baroness Wheatcroft (CB)]

My Lords, is the Minister able to tell the House when we might hear a few details about what the reset of relations with the EU might actually mean?

[Baroness Smith of Basildon (Lab)]

My Lords, there is some indication of that already by the engagement between Ministers and the EU. We are obviously engaging Northern Ireland on that, given its importance to Northern Ireland. As that proceeds further, we will give updates as and when we can.

[Lord Caine (Con)]

My Lords, the Government’s manifesto committed to implementing the Windsor Framework in good faith, but it was silent on the Safeguarding the Union Command Paper. Does the noble Baroness acknowledge the enormous effort that went into Safeguarding the Union, which, taken in its entirety, was crucial to the restoration of devolved government in Northern Ireland in February? Will she commit to implementing Safeguarding the Union in all its parts? In 2021, the then leader of the Opposition stated:

“I … believe in the United Kingdom and … want to make the case for the United Kingdom”.


But in Belfast, days after becoming Prime Minister, he said that he would be an honest broker on the issue. Which is it?

[Baroness Smith of Basildon (Lab)]

My Lords, the noble Lord is struggling there to come up with something that does not exist. This party is committed to the union; he knows that. Noble Lords just have to look at the budget for Northern Ireland, which under this Government now has the largest settlement in real terms in the history of devolution. That is one way in which we show our commitment. There have been 14 ministerial visits to Northern Ireland since the election, with the Prime Minister visiting twice. I do not think that anybody could be in any doubt about our commitment to Northern Ireland’s place in the union.

[Lord Elliott of Ballinamallard (UUP)]

My Lords, as someone who believed that the Command Paper would not do as it said on the tin, it is probably proving that way now. The document mentions the veterinary and veterinary medicine problems with the European Union on at least 15 occasions and there has been no progress on that whatever. I declare an interest as a Northern Ireland farmer. What will the Minister and her party do about progressing that issue?

[Baroness Smith of Basildon (Lab)]

I can assure the noble Lord that this is a priority for the Government. We are continuing to work at pace. He will be aware that the veterinary medicines working group is advising the Government. It met in September and will do so again this month; we will provide an update as soon as possible.

[Lord Sandhurst (Con)]

Presumably, the regional envoy has an important role in promoting the union. When will Sue Gray be starting her job?

[Baroness Smith of Basildon (Lab)]

I must admit that I am quite fascinated by the noble Lord’s obsession with one individual on what is a major issue for the people of Northern Ireland. As and when, I will be happy to update him when she does.