Northern Ireland Protocol: UK Legal Obligations

Hilary Benn Excerpts

Tuesday 8th September 2020 Commons Chamber

[Brandon Lewis]

My right hon. Friend has spoken about these issues over the last year or so and has been clear about his position, and he is absolutely right. The UK internal market Bill will make clear what will apply in January if we cannot reach a satisfactory and mutually suitable conclusions through the specialised Joint Committee and the wider free trade agreement. It is reasonable and sensible for the Government to give that certainty and clarity to businesses and people in Northern Ireland, which in itself will ensure that we abide by and deliver on the Good Friday agreement by ensuring that there will be no borders between east and west and north and south. He is also absolutely right that Great Britain will not be subject to EU rules in a state aid area while recognising the unique position of Northern Ireland.

[Hilary Benn (Leeds Central) (Lab)]

I am afraid the Secretary of State’s protestations of innocence will not wash, because over the past two days—the right hon. Member for Maidenhead (Mrs May) addressed this question—the Government have given the impression that they may not be trusted to honour obligations they have freely entered into.

I wonder whether the Secretary of State can answer a very specific question relating to the Northern Ireland protocol, which he had some trouble answering in the summer when he appeared before the Northern Ireland Affairs Committee. Will goods moving from GB to Northern Ireland be required to complete export declarations, import declarations or entry summary declarations—yes or no?

[Brandon Lewis]

As I assume the right hon. Gentleman knows, that forms part of the discussions that are going on in the specialist committee, between us and the EU, to deal with these issues. Our view is that the regime should be very flexible, as Michel Barnier has outlined, in terms of respecting the unique position of Northern Ireland, because those goods going from GB to Northern Ireland are, by definition, very low risk, and we must ensure that we do not end up in a situation where it is presumed that 100% of the goods going from GB to Northern Ireland are what the EU would refer to as “at-risk goods.” That would be inappropriate for Northern Ireland businesses, would drive up prices in Northern Ireland and would restrict supply to Northern Ireland. That does not fit with the protocol’s outline of Northern Ireland remaining an integral part of the UK customs territory and single market.