Northern Ireland Protocol Bill

Debate between Elizabeth Truss and Robert Neill

2nd reading
Monday 27th June 2022 Commons Chamber

[Elizabeth Truss]

As I have made clear, the Belfast/Good Friday agreement should have primacy. The fact is that it has been undermined over the past two years, as we can see from the fact that the institutions of Northern Ireland are not up and running. That is why the Government need to act, and we are doing so in a reasonable and legal way.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I entirely accept my right hon. Friend’s desire to achieve a negotiated settlement if at all possible; I know how much work has gone into that. To return to the legal point, she will know that the application of the doctrine of necessity requires both the legal tests to be met and the evidential base to be there, because it is largely fact-specific to show whether those tests have been met. I know that the Government have been working hard to assemble that evidential base, but can she tell us when it will be available to the House so that we can form a judgment as to whether those legal tests are met and, therefore, proportionality and necessity are met? It would be helpful to have that before we come to a conclusion on the Bill.

[Elizabeth Truss]

I thank my hon. Friend for that point. There are clearly very severe issues in Northern Ireland, including the fact that its institutions are not up and running, which mean that the UK has to act and cannot allow the situation to drift. I do not think that we have heard what the Opposition’s alternative would be, apart from simply hoping that the EU might suddenly negotiate or come up with a new outcome.

Northern Ireland Protocol

Debate between Elizabeth Truss and Robert Neill

Tuesday 17th May 2022 Commons Chamber

[Elizabeth Truss]

I have been clear that our No. 1 priority is to restore the balance in the Belfast/Good Friday agreement, which has been undermined by the operation of the protocol. What we are proposing—and I will be bringing out more details on this in due course—is a green lane of trusted traders that is properly protected for goods into Northern Ireland, and a red lane for goods that have to go through the full customs controls into the EU single market. I am very clear that, as well as the protection of the UK single market, part of our agreement is the protection of the EU single market.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I particularly welcome the Foreign Secretary’s repeated insistence on her intention for a negotiated settlement. Echoing the words of my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald), I emphasise that that is important not just in terms of the overall objective but in terms of the United Kingdom’s international reputation and our ability to demonstrate that we act with the greatest concern for our legal obligations. Will she consider making available in due course the draft of any proposed legislation, so that those of us who wish to work constructively with the Government to make sure that we do this lawfully can test the proportionality of the measures against the objectives and the legal advice she has received?

[Elizabeth Truss]

As I have said, our priority is to secure a negotiated solution. It will require the EU changing its mandate, and I hope that, following today’s statement and the comments by Members right across this House, we will see some more flexibility from the EU. We are committed to acting in line with international law—we are very clear about that. We will set out our legal position in due course, and I am very happy to have more discussions with my hon. Friend about the precise contents of the Bill.