Northern Ireland Protocol: First Treasury Counsel

Lord Campbell of Pittenweem Excerpts

Thursday 9th June 2022 Lords Chamber

[Lord Stewart of Dirleton (Con)]

My Lords, first, the Government’s intention is to protect the operation of the protocol. As the noble Baroness is aware, the Northern Ireland Executive has not been re-formed. It will not be re-formed in the face of such disquiet as currently exists. The Government intend that the protocol should be protected by the measures that they will bring forward, and they will bring forward simultaneously a statement of their legal position.

[Lord Campbell of Pittenweem (LD)]

My Lords, I was present on the occasion to which the noble Lord, Lord Hannay, referred, and I expressed an interest in the opinion apparently provided by the Attorney-General to the Government. We were assured that that opinion, or something similar, would be made available. If the noble and learned Lord checks Hansard, he will find that to be the case. But we should not really be surprised, because this is a Government of recidivists. They are very happy to offer the alternative of breaching the law. Indeed, they set out to do so in the internal markets Bill but had to retreat with their tail between their legs. The noble and learned Lord, like me, was reared in the Scottish legal tradition. He will remember his Roman law: pacta sunt servanda—promises ought to be kept. Why are the Government departing from this fundamental principle?

[Lord Stewart of Dirleton (Con)]

My Lords, pacts are indeed there to be kept: pacta sunt servanda. The Government are not departing from a legal principle; they are acting in good faith to preserve the protocol for the benefit of all communities within Northern Ireland.