Northern Ireland Protocol Bill

Baroness Suttie Excerpts

Committee stage
Monday 31st October 2022 Lords Chamber

Moved by

[Baroness Suttie]

4: Clause 2, page 1, line 17, at end insert—
“(A1) This section is subject to section (Limitation of general implementation of the Northern Ireland Protocol: approval of Northern Ireland Assembly).”Member’s explanatory statement
This amendment is linked to Baroness Suttie’s new Clause after Clause 2 (Limitation of general implementation of the Northern Ireland Protocol: approval of Northern Ireland Assembly).

[Baroness Suttie (LD)]

My Lords, I will also speak to Amendment 5, in my name and that of the noble Baroness, Lady Ritchie of Downpatrick, as well as to Amendments 68 and 69.

These amendments aim to require the approval of the Northern Ireland Assembly before the measures contained in the Bill can be used to limit the general implementation of the Northern Ireland protocol. Clearly, we are debating these amendments against the backdrop of the 28 October deadline having been missed and the continued absence of the Northern Ireland Assembly, as well as the continued stalemate, with the DUP refusing to allow the Assembly to function since the elections in May of this year.

It is very hard not to feel deeply frustrated and indeed angry on behalf of the people of Northern Ireland. The lack of an Assembly and functioning Northern Ireland Executive has meant for ordinary people across Northern Ireland a deteriorating healthcare system, a lack of strategic economic planning, and little or no progress on legacy matters or on issues such as developing an integrated education system. The stop-start nature of devolution over the last 25 years in Northern Ireland has meant that we have seen only fleeting periods of stable government there, and the Government’s attempts to overcome their own internal divisions since 2016 have been at the expense of the people of Northern Ireland.

--- Later in debate ---

[Lord Caine (Con)]

As the noble Lord rightly pointed out, we will deal with this subject in the fourth group of amendments. I shall be responding for the Government, so if he can contain himself, we will deal with it at the appropriate point—if we get there this evening.

In summary, we do not think that it would be right to make implementation of measures in this Bill contingent on the restoration of the institutions, given the urgency of the situation in Northern Ireland to which the Government must respond.

I turn briefly to Amendments 68 and 69, also in the name of the noble Baroness. Taken together, these would make the commencement of all operational aspects of the Bill dependent on the approval of the Northern Ireland Assembly. At the risk of repeating myself, it is because of the operation of the protocol that the Assembly has not sat since February. We do not know how long this state of affairs will persist. The situation in Northern Ireland is urgent, and we cannot allow addressing the problems with the protocol to be delayed indefinitely.

The noble Lord, Lord Bew—I should really call him my noble friend—rightly referred to the fact that trade has been a reserved matter ever since the Government of Ireland Act 1920. The amendments would essentially prevent the Government making secondary legislation in a reserved area. That is another reason why we cannot accept them.

Given the urgency of the situation—the need to fix the protocol—it would not be right to make the implementation of the vital measures in this Bill contingent on the restoration of the Assembly and Executive. For those reasons, I ask the noble Baroness not to press her amendments.

[Baroness Suttie (LD)]

My Lords, I begin by echoing the Minister’s comments on May Blood. On behalf of these Benches, I pass on our condolences to her family. I heard about her when I first went to Belfast, and she was held up as a role model for so many in Northern Ireland.

At the outset, I said that this would be a probing amendment. It would be fair to say that it has provoked and probed quite extensively. We have covered a variety of topics, with some very interesting and thought-provoking speeches. In particular, I single out the very measured speech by the noble Baroness, Lady Ritchie, and that of my noble friend Lord Bruce, who perhaps displayed his irritations and frustrations with the situation a little bit more clearly than I did.

As ever, I found myself agreeing entirely with the noble Lord, Lord Kerr, and the noble Baroness, Lady Altmann. They are both absolutely right in their analysis that things are being done to Northern Ireland rather than for it. That is, in essence, the purpose of these amendments: they are probing amendments about the principle of consulting, and not just with one part of one community.

I totally agreed with the noble Lord, Lord Cormack. It was a wonderful piece of common sense. Would that we could all now finish what could perhaps be described as a waste of our collective time. There was an interesting series of contributions none the less.

I want to thank the noble Baroness, Lady Chapman, who rightly said that the amendments are about the principle of consultation—consulting the Members of the Northern Ireland Assembly and, in their absence, making sure that they are properly involved in the process. I fear that the Minister did not really expand on how that will happen in the weeks and months ahead.

It is, perhaps, one of the peculiarities of this Bill that no one department ever seems to want to take ownership of it. However, it was very welcome to have the Minister from the Northern Ireland Office today because, with all his experience, he was at least able to speak first hand about the consultation and the details of this legislation.

To repeat, the Northern Ireland protocol is a problem of this Government’s own making. Finding practical solutions needs to be their responsibility. However, it is important to listen to all voices in Northern Ireland and, as I said earlier, not just those of one part of one community. It is hard to see how creating further ill will through this legislation will achieve that aim. However, I will not press these amendments this afternoon but reserve the option of re-tabling them on Report, depending on what happens in the weeks ahead in Northern Ireland around the possible elections to the Northern Ireland Assembly. I beg leave to withdraw.

Amendment 4 withdrawn.