Northern Ireland Border

Bernard Jenkin Excerpts

Thursday 3rd February 2022 Commons Chamber

[George Eustice]

As I said earlier, Minister Poots has taken legal advice. Under the constitutional arrangements in Northern Ireland, I understand that he is entitled to issue this direction. The Northern Ireland civil service and DAERA are taking separate legal advice relating to some of the accounting officer issues, and Minister Poots understands why they would want to do that.

On the hon. Gentleman’s wider point, I come back to what I said previously. The agreement on the Northern Ireland protocol required many things, including that there should be no disruption and no unnecessary checks that would cause problems for trade within the UK, which is why there are still grounds for us to try to resolve some of these issues constructively. That is why my right hon. Friend the Foreign Secretary continues to have discussions with the European Commission on this particular point.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

I have confidence in and admiration for my right hon. Friend, but I am somewhat disappointed that this matter is being treated as some kind of technical problem when it is actually a constitutional crisis. He says the Northern Ireland Executive should seek to resolve it but, under the Northern Ireland Act 1998, the Northern Ireland Executive resolves matters by agreeing things between the power-sharing parties. They fundamentally disagree on this matter because the Northern Ireland protocol is, in fact, incompatible with the Good Friday agreement. The protocol is also incompatible with the Act of Union, because it has been ruled that it supersedes the Act of Union. And the European Union says there are not enough checks taking place.

Is it not now clear that the Northern Ireland protocol is unfit for purpose and is not delivering on what it said on the tin, which is that it would strengthen and underpin the Good Friday agreement? It needs to be scrapped and replaced by something completely different, and the EU should agree to that. The EU is the only party that has threatened to put infrastructure on the border in Northern Ireland, and we should keep reminding the EU that it is the one threatening the peace in Northern Ireland.

[George Eustice]

My hon. Friend makes an important point, and it is why the UK Government have engaged in negotiations with the European Union to seek important changes. We are motivated solely by our commitment to the Belfast/Good Friday agreement. In so far as the implementation and the interpretation of the Northern Ireland protocol by the European Union to date is incompatible with the principles of the Belfast/Good Friday agreement, all parties should seek to adopt a more sensible interpretation that brings it back into line with the Belfast/Good Friday agreement. That is what we are endeavouring to do.