Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020

Baroness Suttie Excerpts

Tuesday 1st December 2020 Grand Committee

[Baroness Suttie (LD) [V]]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Ritchie, and I agree with so much of what she just said. This has been an extremely interesting short debate and has clearly illustrated the strength of feeling on this matter. It would not be an exaggeration to say that none of us taking part in this debate from our very different perspectives would have wanted to start from here—but we are where we are.

The withdrawal agreement and the Northern Ireland protocol are both compromises and are far from perfect, for many of the reasons set out this afternoon. Very few people—including many on the government Benches—would now claim otherwise. But, as the noble Baroness, Lady Ritchie, said so powerfully just now, the Northern Ireland protocol has none the less been an essential element in maintaining the peace and progress on the island of Ireland since 1998. We should also acknowledge, as did the Minister in his opening remarks, that the Northern Ireland protocol is an internationally agreed treaty. As part of that internationally recognised agreement, it was agreed to allow the MLAs in the Northern Ireland Assembly an opportunity every four years—or eight years, as the case may be—to indicate their support for continuing with the arrangements laid down in the protocol. In that context, somewhat reluctantly from these Benches, we will support the statutory instrument before us today.

In this afternoon’s debate, we have heard views from many of the political parties represented in the Assembly, although we have not heard from Sinn Féin or Alliance. I add in passing that, as a result of the mechanisms set out before us today, my colleagues from Alliance in the Assembly may very well find themselves having the casting vote. It is also worth noting that this consent mechanism was not asked for by most of the Northern Ireland political parties or by the Northern Ireland Assembly. The debate this afternoon has illustrated one of the concerns about this consent process. The consent vote, potentially taking place every four years, risks creating a new layer of instability and friction in what is already a fragile and polarised political system. The position taken on this vote by the Northern Ireland political parties risks becoming a key issue during Assembly elections at the expense of other hugely important issues that affect the lives of ordinary Northern Ireland people. As the noble Lord, Lord Empey, said so clearly in his speech, the whole process will add significantly to the general feeling of uncertainty.

During the debate in the House of Commons, as the noble Baroness, Lady Ritchie, said, Karin Smyth MP raised concerns about the use of the word “consent”. Language and the use of words are hugely important in any political context, but most especially in the context of debate in Northern Ireland. As Karin Smyth said in the debate in the other place, it may have been preferable to use different language in this context. The carefully crafted principle of consent as set out in the 1998 Good Friday/Belfast agreement is based on a different mechanism from that set out in this order, and this produces an inevitable tension. There is tension, too, about inconsistencies of approach as to when and how a majoritarian rather than cross-community vote is applied.

I will conclude by asking the Minister for a little further clarification on how the independent review mechanism set out in Part 6 of the instrument would work in practice. There is an understandable view that there has been insufficient consultation across the board throughout the Brexit process. Can the Minister therefore say whether it would be the intention of the Government to seek the approval of the Assembly on the remit and content of the review in advance of it beginning its work, and will they consult the Assembly on who will carry out such a review? I would be very grateful if the Minister could expand a little on these processes, as the unilateral declaration does not make it entirely clear.