Leaving the EU

Lord Dodds of Duncairn Excerpts

Monday 14th January 2019 Commons Chamber

[The Prime Minister]

It is exactly those sorts of technological solutions that we are committed to pursuing. As I said to my right hon. Friend when he brought a proposal to me, the proposal he brought to me did not fully address all the issues in relation to the border between Northern Ireland and Ireland, but we are continuing to look—and will look actively and with the European Union—at the ways in which we could ensure that those alternative arrangements would deal with the issue that we are addressing.

May I also say to my right hon. Friend that it is not the case that the European Union has said that there will be no hard border between Northern Ireland and Ireland? The no-deal plans published by the European Commission in December make it clear that there will be no flexibility on border checks in no deal, so the Irish Government will be expected to apply EU checks in full.

[Nigel Dodds (Belfast North) (DUP)]

To be fair to the EU, it has made it clear that there will be no changes to the withdrawal agreement, and there is nothing in these letters that is inconsistent with the withdrawal agreement. To be fair to the Attorney General, he says in his letter today that the letters do not alter the fundamental meanings of its provisions. Five weeks after the Prime Minister pulled the vote, saying that there had to be a legally binding assurance, will she admit that nothing has fundamentally changed? That is the reality; let us not kid ourselves about that. In pulling the vote, she must have realised that there needed to be legally binding changes to the withdrawal agreement for it to have any chance of getting through this House. Even at this late stage, does she not accept that the problem with the backstop is that it effectively defines the future relationship for Northern Ireland, because if the whole of the UK is not aligned to a high degree for single market purposes and we are not in a customs union, Northern Ireland will be?

[The Prime Minister]

It was right that I took the views of this House. The overwhelming view of this House on the backstop was that people wanted to ensure that it would not carry on indefinitely or be a permanent arrangement. The right hon. Gentleman has just indicated that he thinks that that is the case for the backstop. What we have received from the European Union are those further assurances and the recognition that the European Council conclusion in which some of those assurances are referred to does have legal force in international law and effectively sits alongside the withdrawal agreement and the political declaration package, and that it would be part of any consideration on any challenge to the withdrawal agreement in relation to those particular issues.

I recognise that what I have brought back, as I said in my statement, is not what some Members wanted from the European Union, but it is not the case that this has not gone further than when we were initially discussing the debate. There have been some further assurances from the European Union, but I accept that they are not the same level of assurances that some Members of this House wished for.