Northern Ireland Protocol Bill

Debate between Bob Stewart and Richard Thomson

2nd reading
Monday 27th June 2022 Commons Chamber

[Richard Thomson]

It certainly appears to me that there is a potential landing zone between what has been proposed by the European Union and what has been proposed by the UK Government—indeed, there is a bit of an overlap. I would offer to come along with Ministers, but they might feel that reinforcements had arrived and somehow weakened their position. Nevertheless, there ought to be a landing zone here for those of goodwill and good faith.

Even as a supporter of Scottish independence, I find it utterly inconceivable that any Unionist Government would have signed up to the kind of arrangements that placed a trade border down the middle of the Irish sea while denying they were doing any such thing. All the issues inherent in the protocol could have been avoided had the UK Government maintained a modicum of statecraft and respect for all parts of the Union, acknowledged the limitations of the mandate they had from the Brexit referendum and remained in as close alignment as they could with the single market and customs union, thereby minimising the economic harms we have seen to the UK since then and ensuring that no part of that precious Union was left behind. Yet even now it seems that the Government have not learned from their mistakes. The Scottish Government were not consulted by the UK Government before they took this action. I believe I am right in saying that the UK Government did not even afford the Scottish Government the courtesy of a phone call in advance to advise of these plans.

It has also been reported that the UK Government did not consult their top legal adviser—the First Treasury Counsel, Sir James Eadie—on the legality of their move. So we have a UK Government who are in contempt both of international law, as we have seen in other matters, and domestic law. Aspects around the Prime Minister’s current travails are bad enough, but to stand up and use the full authority of a ministerial office to say that which is not gets right to the heart not just of the problems being presented by the protocol in its current form but of the fitness of the Prime Minister, or anyone aspiring to replace him.

[Bob Stewart (Beckenham) (Con)]

It is clear that the protocol is not working, and Northern Ireland business is suffering. In what way does this Bill act to the disadvantage of the European Union, because it seems to me that it is a very good way forward?

[Richard Thomson]

Well, it seems to me that whether it disadvantages or not is not something that Her Majesty’s Government get to decide. While I am clear that there are problems with the protocol, clearly there are aspects of it that are working very well, as indeed those on the Treasury Benches have admitted. I will set out some of the examples, particularly over trade, where it is not having the impact that we are told, in all aspects, that it is. I come from the point of view that trust has been broken between the UK Government and the people of all these islands, as well as between the UK Government and our international partners. That gets right to the nub of the issues about trying to renegotiate it.

We should not really need to say this, but it is absolutely vital that the UK Government should be able to respect the international obligations that they enter into freely. Lord Butler, who was head of the civil service for 10 years, has said that this country has repeatedly criticised states like Russia and China for breaking the rules-based international order and yet now holds that it is perfectly justified in breaching international law itself. It seems that in this Bill we are going from a “limited and specific” breach to something that is potentially extensive and egregious. General Sir Richard Barrons, the former chief of joint forces command, who served in Afghanistan, Iraq and Northern Ireland, has said that

“what the government is proposing is short-sighted tactics which will do much harm strategically in the wider world. In fact what is being done is particularly stupid.”

He went on to warn that these moves will empower our adversaries as

“it will undermine us with our enemies by giving them the opportunity to accuse us of hypocrisy when we call them out for breaking the rules-based international order. It will also undermine us with our allies who will doubt whether they can rely on us to keep to an agreement, keep to our word.”