Northern Ireland Protocol

Baroness Laing of Elderslie Excerpts

Thursday 15th July 2021 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

Before I call the hon. Member for Harwich and North Essex (Sir Bernard Jenkin), I have to make a short statement about the sub judice resolution, which repeats the position taken on these matters yesterday.

Mr Speaker has been advised that there are active legal proceedings on the legality of the Northern Ireland protocol and active legal proceedings and open inquests in relation to historic troubles-related deaths. I am exercising the discretion given to the Chair in respect of the resolution on matters sub judice to allow full reference to the challenge to the Northern Ireland protocol as it concerns issues of national importance. Further, I am exercising that discretion to allow limited reference to active legal proceedings and open inquests in relation to historic troubles-related deaths. However, references to these cases should be limited to the context and the events which led to the cases but should not include details of the cases themselves nor the names of those involved in them. All hon. Members should, however, be mindful of matters that may be the subject of future legal proceedings and should exercise caution in making reference to individual cases.

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[Sir Bernard Jenkin]

My right hon. Friend puts down an important marker. We can dismiss any idea that the United Kingdom as a whole is not interested in the interests of Northern Ireland or in Northern Ireland remaining part of the United Kingdom. That is an established fact and he has dealt with that very capably.

In conclusion, the world is watching how the EU is dealing with the United Kingdom. The UK will offer agreement on what the problems are and how they must be resolved. Together, the EU and the UK can look for common ground about how to do so; otherwise the rest of the world will see that the grounds for invoking article 16 have indeed already been met, and action will have to be taken.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I have to impose an immediate six-minute time limit on Back Bench speeches, but that is quite generous as compared with recent times.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

I congratulate my right hon. and hon. Friends on securing this debate today and on giving Members the opportunity to express their views.

For people in Northern Ireland, the political and economic stakes could not be higher, as the protocol presents the greatest ever threat to the economic integrity of the United Kingdom. The rigorous implementation of the protocol that some anti-Brexit parties in Northern Ireland have called for would be bad for consumers and bad for business. It would be socially disruptive, economically ruinous and politically disastrous for Northern Ireland. As Lord Frost has repeatedly pointed out, the Northern Ireland protocol in its present form is unsustainable, and it needs to go.

Over the last 50 years, if we have learned anything in Northern Ireland it is that, if our political arrangements are to last, they will require support from right across the community, and there is not a single elected representative in any Unionist party who supports the Northern Ireland protocol. The Government have promised that they will publish their plans for the future of the protocol before Parliament rises for the summer recess, and that cannot come a moment too soon.

Much has been said about how we got here, but, today, I want to set out where we need to go from here. My party will not prejudge what the Government have to say, but I want to make it clear what any new approach needs to achieve. That is why, today, I am setting out seven tests that I believe are important for any new arrangements. Our tests are grounded not in a Unionist wish list, but in promises that have already been made in one form or another to the people of Northern Ireland. It is not too much to ask that the Government stand by these promises.

First, new arrangements must fulfil the guarantee of the sixth article of the Act of Union 1800. That Act of Union is no ordinary statute; it is the constitutional statute that created the United Kingdom for the people whom I represent. The sixth article essentially requires that everyone in the United Kingdom is entitled to the same privileges and to be on the same footing as to goods in either country and in respect of trade within the United Kingdom. Under the protocol, this is clearly no longer the case. The House will be aware—you made reference to the legal challenge on this point, Madam Deputy Speaker—that the High Court has held that the protocol does not put the people of Northern Ireland on an equal footing with those in the rest of the United Kingdom. In defending their position, the Government lawyers made it clear that the protocol impliedly repeals article 6 of the Act of Union. That is a matter of grave concern to us, and it is a matter that needs to be put right.

Secondly, any new arrangements must avoid any diversion of trade, and I welcome what has been said already. It is simply not acceptable that consumers and businesses in Northern Ireland are told that they must purchase certain goods from the EU and not from Great Britain. In this regard it is notable that article 16 of the protocol already permits the UK to take unilateral safeguarding measures to ensure that there is no diversion of trade, and the Government must do that.

Thirdly, it is essential that any new arrangements that are negotiated do not constitute a border in the Irish sea between Great Britain and Northern Ireland. In line with the Act of Union, there should be no internal trade border in the UK. Northern Ireland’s place in the UK internal market must be fully restored. Fourthly, new arrangements must give the people of Northern Ireland a say in making the laws that govern them. That guarantee is implicit in article 3 of protocol 1 of the European convention on human rights, which clearly states that where people are subject to laws, they should be able freely to express their opinion on those laws. Northern Ireland does not have that in relation to EU regulations being imposed on it. Fifthly, new arrangements must result in no checks on goods going from Northern Ireland to Great Britain, or from Great Britain to Northern Ireland. The Prime Minister gave that commitment on 8 December 2019, and it should be honoured.

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[Simon Hoare (North Dorset) (Con) [V]]

I thank my hon. Friend the Member for Harwich and North Essex (Sir Bernard Jenkin) for instigating the debate. It is nice to see a mainstream debate on the affairs of Northern Ireland taking place on the Floor of the House.

Let us remind ourselves of two things at the start. Lord Frost confirmed to our Committee, the Select Committee on Northern Ireland Affairs, just a few weeks ago that he negotiated the protocol, he understood the protocol and he signed off the protocol. How people have interpreted one or two parts of it may be surprising, but it is not legitimate for the Government effectively to say, “This was new, it was an impost, it crept up on us.” This was a negotiated document between the two parties.

Without the protocol, there would still have to be checks. We are talking about the defence, for want of a better phrase, of an internal market and a single market. Those alternative arrangements, as some called them some little while ago, would, according to HM Revenue and Customs, be likely to be as, if not more, complicated and possibly more costly. For those who may be thinking that, if we get rid of the protocol, everything will go back to being normal, that will not happen. We are all in a new normal now.

This is important because there are a lot of concerns, predominantly among the loyalist community, that this is in some way a stepping stone to a united Ireland or a move to a border poll. Everybody, from the Taoiseach to the Prime Minister—at last week’s Liaison Committee, in response to a question from me—to those in Brussels and anywhere else, has to recognise that the integrity of Northern Ireland as an intrinsic and key part of the United Kingdom remains. The protocol does not change that constitutional balance one way or another.

I take the point just made by the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson). I have yet to be persuaded that anybody, in their heart of hearts, ever defines their sense of belonging or loyalty by invisible trading arrangements. Citizenship, a sense of belonging and a sense of nationhood are far more powerful and emotive than that.

We should remind ourselves that there are some—there will be none in this House, I know—who refuse to accept the referendum result on the Good Friday agreement itself, and have gone around saying, “Unless we get our way on the protocol and unless it is scrapped”. Let us pause there for a moment to say that there is no majority view in support of the scrapping of the protocol. Nobody by the same token is saying that it is perfect; there is scope for change and improvement. But let us not inadvertently fall into the trap of using this debate on the protocol as a Trojan horse to undermine the Good Friday agreement. Everybody knows that, without that bedrock, there can be no progress in Northern Ireland, and none that we have seen over the past several decades.

Business wants to be engaged. Let me say to the Minister, and I look forward to her summing up: let us have that investment conference. Let us maximise those opportunities. Invest Northern Ireland is dealing with 30 requests at the moment. The business engagement forum needs to be formalised with a set agenda and regular meetings.

Trust is so important here. My hon. Friend the Member for Harwich and North Essex talked about the need for the EU to change. I agree in many respects. We need to see flexibility on goods at risk. We need to see flexibility on the precautionary principle and the differential of how we use laws. It is either illegal unless it is made legal, or legal unless it is made illegal. The benefit of the extensions of the grace periods has illustrated that the single market does not collapse as a result of that. Common sense is required.

I am not here to act as an apologist for the EU, but from all my conversations with them I think the issue is one of trust. They still remain uncertain as to whether Her Majesty’s Government are intent upon implementing a reformed protocol using the offices of the Joint Committee. Without that trust or certainty, there can be no progress. We need to switch our mindset from negotiate or renegotiate, to reform and implement. Let us remind ourselves that the Vice President has no mandate to renegotiate. That would have to be given by the member states and any hope for that would come only if we see that trust rebuilt. I therefore urge the Government to have that joint investment conference, build on the trust and formalise business engagement.

The Select Committee heard today from two witnesses. Let me quote both of them. Aodhán Connolly, from Northern Ireland Retail Consortium said: “The most frustrating thing for business in Northern Ireland is we can see the solutions, we just don’t see the political will to do them.” From the Ulster Farmers’ Union, Victor Chestnutt said: “Solutions are sitting there.” Well, let us not just let them sit there; let us grab them. Let us make them work and let the twin benefits of access to the UK internal market and the European Union’s single market be that blue touch paper that will reignite and light a post-covid Northern Ireland economy where the benefits to business and to citizens can be fully felt.

[Madam Deputy Speaker (Dame Eleanor Laing)]

To confirm the answer to the question which is being silently asked, there is no mechanism whereby Members can intervene on someone who is speaking virtually. I just ask for patience from hon. Members. Hopefully, we will only have three more days of this arrangement—we all hope.