Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020

Lord Duncan of Springbank Excerpts

Tuesday 1st December 2020 Grand Committee

[Lord Dodds of Duncairn (DUP)]

My Lords, it is a pleasure to follow the noble Lord, Lord Empey, on this issue. These regulations are described as a “Democratic Consent Process”. In the view of many people in Northern Ireland, it is neither democratic nor is it a proper definition of consent.

I want to take the Committee through the background to this issue. It goes back to the joint report of 2017 agreed between the United Kingdom and the European Union, which said in paragraph 50 that “no new regulatory barriers” will

“develop between Northern Ireland and the rest of the United Kingdom, unless, consistent with the 1998 Agreement”—

the Belfast agreement—

“the Northern Ireland Executive and Assembly agree that distinct arrangements are appropriate for Northern Ireland.”

Of course, under devolution for Scotland, Wales and Northern Ireland, within the union, there can be different laws in place, but that can happen only with the democratic consent of the institutions in each of those countries. In paragraph 50, Her Majesty’s Government and the European Union made a commitment that there would have to be the agreement of the Executive and the Assembly—I will come back to the point about the Executive, because that is significant as well.

Then, of course, in October 2019 Her Majesty’s Government committed to the same thing. Prime Minister Boris Johnson wrote to Jean-Claude Juncker on 2 October 2019 setting out proposals for a new protocol on Ireland/Northern Ireland, based on five principles. The fourth said that any potential regulatory zone on the island of Ireland must have the endorsement of the Northern Ireland Executive and the Assembly before it enters into force—that is, during the transition period and every four years afterwards. Paragraph 13 of the Explanatory Notes sent by Downing Street to the European Commission states:

“Our proposal is that before the end of the transition period and every four years afterwards, the UK will provide an opportunity for democratic consent to these arrangements in the Assembly and the Executive within the framework set by the Belfast Good Friday agreement.”


The point I am trying to make is that these regulations do not faithfully implement what was set out by Her Majesty’s Government and the European Union back in December 2017 and do not set out the proposals put forward by Her Majesty’s Government in October 2019. The Government have dropped any prior consent by the Northern Ireland Assembly to the implementation of this regulatory regime by the European Union in Northern Ireland. What they are saying is that you can have a vote after four years, but you are not to be allowed any vote to actually begin the process, contrary to all previous assurances. How on earth is that democratic? How on earth is that consent?

The Government are also saying that only the Assembly will be included, not the Executive. That is important because the powers of the Executive in terms of the parties being able to proceed by consensus or to veto proposals are very significant; that is why “Executive” was included, but it has been completely dropped. The whole customs regime is also included. Originally, only single market regulatory issues were to be considered. Now the whole panoply of customs is also included, as the noble Lord, Lord Empey, pointed out. Again, that is contrary to what the Government and the EU set out in December 2017, and to what Her Majesty’s Government committed to in October 2019.

These regulations are extremely defective and are opposed by anyone who believes in democracy and proper consent in Northern Ireland. They are contrary to the Belfast agreement—there is no doubt about that. These points have been clearly made by the noble Lord, Lord Empey, who was instrumental in negotiating it, and by the noble Lord, Lord Trimble, who is also here and was one of its main architects. Yet, their voices are not listened to. I would have thought that they were worthy of respect and of being harkened to on this very issue.

To say that this is a reserved matter really misses the point. Agriculture and the regulation of manufacturing are devolved matters. Okay, the rules are set down in European Union directives, but many are implemented through legislation in the Northern Ireland Assembly: they are devolved. A mechanism of approval is going to be given to the Northern Ireland Assembly after four years, not immediately—not now, when it should be happening. I challenge the Minister in his response to give me one example of a significant controversial issue in the Northern Ireland Assembly which is not based on cross-community voting or is not susceptible to being turned into a cross-community vote through the petition of concern. There is not a single one; yet, on this most significant issue of all, it is to be a bare, simple majority. If this is a reserved matter, you would say it is a matter for Westminster to vote on, but it has been given to the Northern Ireland Assembly, so the mechanism set out in the Belfast agreement, the St Andrews agreement, and so on, for implementing how the Assembly should work should be respected.

Finally, this measure is contrary to the basic tenets of democracy, as has been said. The rules for a whole swathe of manufactured goods and agriculture products in Northern Ireland—the laws—will now be made in Brussels. No one at Stormont will be able to have any say or vote. Nobody at Westminster will have any say or vote. How on earth can that be democratic? I agree with the basic principle of taking back control through Brexit, but I challenge the Minister: how can the people of Northern Ireland be left in this position of having no say or control over laws affecting the basics of the economy of Northern Ireland—laws that could be put in place in Brussels, and which could actually be injurious to the position of Northern Ireland? Nobody here, and nobody at Stormont, will be able to do anything about it. The Minister really does need to deal with these issues.

[The Deputy Chairman of Committees (Lord Duncan of Springbank) (Con)]

My Lords, before we go to the next speaker, just to alert you, the clock is not working on the screen, so I am relying on noble Lords to self-regulate and to be aware that the time limit is seven minutes. If you do go substantially over, I am sure that someone will drag you off. On that basis, I call the next speaker, the noble Baroness, Lady Hoey.

--- Later in debate ---

Motion agreed.

[The Deputy Chairman of Committees (Lord Duncan of Springbank) (Con)]

The Grand Committee stands adjourned until 3.34 pm. I remind Members to sanitise their desks and chairs before leaving the Room.