Irish Border: Customs Arrangements

Hilary Benn Excerpts

Tuesday 1st October 2019 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

(Urgent Question): To ask the Secretary of State for Exiting the European Union if he will make a statement on the Government’s proposals for checks and customs arrangements on the border between Northern Ireland and the Republic of Ireland to replace the current backstop.

[The Parliamentary Under-Secretary of State for Exiting the European Union (James Duddridge)]

We are committed to finding a solution to the north-south border that protects the Belfast/Good Friday agreement. We can best meet those commitments if we explore solutions other than the backstop. The backstop risks weakening the delicate balance embodied in the Belfast/Good Friday agreement, which was grounded in agreement, consent and respect for minorities. Removing control of the commercial and economic life of Northern Ireland to an external body over which the people of Northern Ireland have no control risks undermining that balance. Any deal on Brexit on 31 October must avoid the whole or just part—that is, Northern Ireland—being trapped in an arrangement where it is a rule taker.

The Government intend to set out more detail on our position on an alternative to the backstop in the coming days. In the meantime, I assure the House that under no circumstance will the UK place infrastructure, checks or controls at the border. Both sides have always been clear that the arrangements for the border must recognise the unique circumstance of the island of Ireland and, reflecting that, be creative and flexible.

The Prime Minister’s European Union sherpa, David Frost, is leading a cross-Government team in these detailed negotiations with taskforce 50. We have shared in written form a series of confidential technical non-papers, which reflect the ideas the United Kingdom has been putting forward. Those papers are not the Government setting out their formal position. These meetings and our sharing of confidential technical non-papers show that we are serious about getting a deal—one that must involve the removal of the backstop.

[Hilary Benn]

I am grateful to the Minister for his reply, but we are not much the wiser. Today, there are no border posts or checks on goods crossing the border between Northern Ireland and the Republic, and the backstop is there to ensure that remains the case after Brexit. That is what the joint declaration of December 2017 committed to. The Government’s position now, however, is that the reality of Brexit will require customs checks on the island of Ireland. That is the inexorable logic of the Prime Minister’s statement this morning that a

“sovereign united country must have a single customs territory.”

Whatever proposals have in fact been put to the EU taskforce, the Tánaiste, Simon Coveney, has described them as a “non-starter”, an Irish Government spokesman says the taskforce has indicated that the UK’s non-papers

“fall well short of the agreed aims and objectives of the backstop”,

and the Secretary of State for Northern Ireland has told the BBC that

“it’s not possible to put anything like a customs facility in Newry, Fermanagh or many other locations away from the border”.

I have the following questions to put to the Minister. Are the Government proposing customs clearance sites or zones anywhere in Northern Ireland? Does the Minister understand the risks that any such sites would create for the peace brought by the Good Friday agreement, and have the Government taken legal advice on the compatibility of their proposals with that agreement? Do the Government’s proposals comply with section 10(2)(b) of the European Union (Withdrawal) Act 2018, which rules out regulations that

“create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature physical infrastructure, including border posts, or checks and controls, that did not exist before exit day”?

Are the Government proposing to track lorries cleared at any such sites using GPS? How can an alternative to the backstop be built on systems and technology that are not currently in place? Finally, when exactly will the Government share with this House and with the people of Northern Ireland their proposals for a replacement to the backstop? I ask because it is unacceptable for us to be kept in the dark about what is being proposed in our name on such an important matter.

[James Duddridge]

There were eight or nine questions there, and I will try to cover them all, but if I do not, perhaps we will pick them up in questions. I think it is completely reasonable that the Government can use non-papers to have those technical discussions. The Government are seeking to have a good discussion with the Commission, rather than disguising anything. The previous Government shared more, and actually it led to proposals being rubbished before they were properly worked through. These technical papers are not even our final proposals to the Commission—they are very much working documents—but we will be giving proposals to the Commission shortly.

Clearly, the Government will want to comply with subsection (2)(b). The right hon. Gentleman asked about legal advice. I think he will understand that I am not going to get into whether legal advice has been taken, or what legal advice has been given; for normal reasons, those things are not shared with the House. He asked about the impact of physical checks. There is no intention to have physical checks at the border. I am not choosing my words carefully there; there are no plans to do that, I can reassure him. Perhaps he was thinking about some of the reports in the Northern Ireland press suggesting there might be checks near the border. That is not the intention. Those reports simply are incorrect. The right hon. Gentleman also referred to GPS and technology. I am afraid I cannot get into the detail of the proposals at that level now, because they are subject to ongoing negotiations and discussions at the Commission.