European Union (Withdrawal Agreement) Bill

Lord Eames Excerpts

Committee: 1st sitting (Hansard continued) & Committee stage & Committee: 1st sitting (Hansard continued): House of Lords
Tuesday 14th January 2020 Lords Chamber

[Lord Eames (CB)]

My Lords, I have added my name to those proposing these amendments. There must be times when your Lordships’ House feels, “Northern Ireland comes again with a special pleading for special treatment”; were I to come from elsewhere in the United Kingdom, I would have great sympathy with that view. On this occasion I want simply to put two realities to this debate and appeal to the Minister, who has often, if not always, listened with sympathy to the voices from Northern Ireland.

The first reality is that the business community of Northern Ireland has been suffocated by the uncertainty over the Brexit debate, which has been the result as much of its geographical position as of political factors. That uncertainty is now manifested in the debate we had earlier today on the protocol. We are left wondering as a community what unseen consequences could come from the sort of debates that will take place on future trade agreements once we leave the European Union.

The second reality is what I call the reality of reassurance. That reassurance can come only when we listen on the one hand to the repeated assurances of the Prime Minister that we will leave Europe as a United Kingdom. If that is followed up, I beg to suggest that the reality we face from the uncertainty surrounding the business community in Northern Ireland is that, when we leave as a United Kingdom, there will definitely be problems unique to Northern Ireland. If he can assure those of us who support these amendments that the Government will at least listen and not just give us trite phrases or slogans to live with, and that very definite attention will be given to the particular sensitivities of doing business in Northern Ireland post Brexit, many of our fears will be answered.

[Lord Empey (UUP)]

My Lords, I will speak to this group of amendments, so forensically and comprehensively addressed by the noble Lord, Lord Hain. The underlying problem that many of us have with it is the following. I served as a Trade Minister for a number of years, and I was able to set up InterTradeIreland, the body designed to promote trade between north and south, and which still exists. It has not been as successful as I would have liked; nevertheless, there is still huge potential there to grow trade. However, our problem is what we are told, not only by the Prime Minister but by the Government more generally, as against our experience with the reality of doing business across boundaries and between different economic units.

Whether we like it or not, from 2 October of last year, when the Prime Minister produced the first phase of his proposals with the European Union, it was obvious that Northern Ireland would be in a different regulatory environment, and once that was conceded, the customs environment was added to it. While there are reassuring words and undertakings, people like me and the businesses that have been referred to cannot just reconcile the aspiration to have free movement without any inhibitions or difficulties and the practical realities of being engaged between the European Union single market and an economy no longer in the single market. We are therefore in this kind of hybrid, of which there is no current example that I am aware of, and where there is the potential, as time passes, for the gap to grow.

We start off the negotiations early next month in the transition period with exactly the same regulatory environment that we have all become used to—there are no differences. That distinguishes the United Kingdom in its negotiation with the European Union from other examples, whether Canada, Mercosur or whatever. We have exactly the same regulatory environment as the rest of the European Union. However, the Prime Minister and others have said that they see things changing over time. The single market, which was invented by this country, is a noble idea, but to retain the integrity of that single market, the consumer protection requirements and standards must be verified in some way.

European Union (Withdrawal Agreement) Bill

Lord Eames Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting: House of Lords & Report: 1st sitting
Monday 20th January 2020 Lords Chamber

[Lord Hain (Lab)]

My Lords, I support the excellent speech of my noble friend Lady Ritchie of Downpatrick. I remind the House that I spoke at some length and in detail in Committee last Tuesday, so I will speak only briefly in support of Amendment 6 and do so with increased urgency.

Since last week’s debate on essential damage limitation amendments to the EU withdrawal Bill—I remind the Chamber that they have the support of the entire business community and, as the noble Lord, Lord McCrea, pointed out last week, not just cross-party but all-party support in Northern Ireland—the Chancellor of the Exchequer has confirmed what many of us had long believed: that the Government are hell-bent on an ideologically hard Brexit that could do untold damage to the small and medium-sized enterprises that make up the overwhelming bulk of businesses in Northern Ireland.

When he told the Financial Times last week that there will be no regulatory alignment with the EU after Brexit and insisted that firms must “adjust” to new regulations, the Chancellor blithely said that businesses have had since 2016 to prepare. However, businesses in Northern Ireland were not presented with the Northern Ireland/Ireland protocol until last November, just a couple of months ago. How on earth are small and medium-sized businesses, which are the cornerstone of Northern Ireland’s private sector economy, supposed to adjust in only 11 months to a unique and complex set of relationships with the internal UK and EU markets —and just when the Northern Ireland economy slowed last year because of a contraction in the private sector?

When the Secretary of State said in terms in the other place that the Assembly and the Executive should take greater responsibility for Northern Ireland’s economic and financial future, I doubt that many here, or indeed in Northern Ireland, would say he was wrong, but the Government cannot have it both ways. They cannot demand that and at the same time inflict serious damage on many private sector businesses through erecting obstacles to trade across the Irish Sea and through their hard Brexit policies.

As was stressed by speaker after speaker from all sides of the Chamber last week, these amendments are essential to protect the very businesses that the Government say they want at the core of Northern Ireland’s economic future. They are intended simply to put into law what the Government profess to support: that there should be no impediments to trade in both directions across the Irish Sea.

The Minister wrote to noble Lords offering what I am sure he hoped would be reassurance on the issues raised here, but we are not remotely reassured. To be frank—I say this as an admirer of the Minister—the letters were full of warm words and elegant waffle. The core message was, “Don’t worry. Trust us and it will all be all right on the night.” But business leaders and politicians in Northern Ireland do not want mere reassurance. They want action and they want it without delay, through either accepting Amendment 6 or the Government coming up with their own mechanism in law that will have precisely the same effect.

I have huge admiration for the Minister. I know that he is in a difficult position because No. 10 is flatly refusing to listen and accept amendments, but that is not acceptable. Businesses in Northern Ireland should not be sacrificed on the altar of government dogma and be forced to incur obstacles and charges when trading both ways across the Irish Sea.

[Lord Eames (CB)]

My Lords, I added my name to that of the noble Baroness, who spoke so eloquently on this subject this afternoon, for one reason: throughout my professional life, I have come to value the core of Northern Ireland life through its business community. In many cases, those businesses were small. They are the heartbeat of the Northern Ireland community. Given the sensitivities of our situation both politically and economically—politically because of the sensitive nature of reaching the recent agreement, which we all welcome—and of our geographical position, having on our shore what is soon to become the border between the United Kingdom and the European Community, there is no better word than “sensitivity” to be adopted regarding the wording of the amendment.

During the lengthy debate in Committee, I coined the phrase “the reality of reassurance”. Behind what has already been said this afternoon, that remains the key reason why we make a strong plea to Her Majesty’s Government to take seriously not just the amendment’s wording and technicalities but the motive behind it: the reality of reassurance. No one can tell how this will develop once Brexit is a reality. The noble Baroness quoted the letter that came to us from right across the business community, which is united in making a plea for this reality of reassurance. At this stage, I simply say this: I realise the difficulties faced by the Minister and I accept the sincerity of his position, but I urge the Government to realise that there is a lot more to this amendment than simply technical phrases.

[Lord Morrow (DUP)]

My Lords, I shall speak to Amendments 8 to 11, which stand in my name and that of my noble friends Lord McCrea, Lord Hay and Lord Browne. These amendments and the amendment moved by the noble Baroness, Lady Ritchie, are very similar. Indeed, some might say that they overlap slightly, but I think that is no bad thing because of the situation in which we find ourselves.

I speak as a unionist and a supporter of the leave cause. We are clear that the withdrawal agreement does not get Brexit done, but that is to be proved. It merely creates an opportunity to get it done for Great Britain, but not for the United Kingdom. The final agreement will determine whether it is done for Great Britain and the United Kingdom. I will be happy to be proved wrong on this occasion, but I suspect—I say it myself—I will not be proved wrong.

The withdrawal agreement leaves Northern Ireland behind in the single market and, despite the legal technicalities, inside the EU customs union. The vote to leave was a vote not of Great Britain but of the United Kingdom. It does not respect the referendum result. There was never any discussion about the difficulties of a land border. The European Union dismissed all solutions, and, shamefully, many used the implicit threat of republican violence to make it appear unsolvable. The result was not to solve the trade and customs issue but to move the problems from the UK-Irish border to inside the UK.

The EU can hardly now approve a series of alternative arrangements that it spent three years dismissing as unworkable and undeliverable without admitting it was disingenuous on the land border. The act of putting a regulatory customs and tariff border between Northern Ireland and Great Britain did not solve the trade problems; it multiplied them. Great Britain is Northern Ireland’s largest market, and something like 70% of Northern Ireland’s retail goods come from Great Britain, so these potential checks will be more harmful than if they were at the land border.

The Prime Minister has given many interviews and there were commitments in the Conservative manifesto saying that our concerns are mistaken. I hope we are mistaken, as I said earlier. If we are, there can be no difficulty in putting those words and commitments into law. It would add a further layer of confidence that, in any breach or failure to fully implement the Prime Minister’s words and his Conservative Party’s manifesto commitments, it should not be Northern Ireland businesses and consumers who pay for that failure but the Government.

In the coming year, there is not one negotiation but two: the UK-EU free trade agreement and the Joint Committee working on the Ireland-Northern Ireland protocol, which has often been spoken about here today. This measure in law would reinforce and bolster a strong negotiating position in a joint committee. The Government’s comments to address the concerns of Northern Ireland at the next stage of negotiations are being given practical action with legal weight.

I turn briefly to Amendment 9. The United Kingdom internal market is vital for the well-being of Northern Ireland, as others have said. We trade more with the rest of the UK than with the rest of the world. As a unionist, I do not want to see any barriers to trade placed inside my country, but from a practical, economic point of view it harms Northern Ireland to have any impediment to internal trade with the United Kingdom. This amendment attracted not just cross-party but all-party support in Northern Ireland. That has already been stated, and it cannot be stated often enough. That level of support is rare in itself, but on Brexit it is unprecedented.

The recently published New Decade, New Approach ushered in the restoration of devolution a little more than a week ago. It states:

“To address the issues raised by the parties, we will legislate to guarantee unfettered access for Northern Ireland’s businesses to the whole of the UK internal market, and ensure that this legislation is in force for 1 January 2021. The government will engage in detail with a restored Executive on measures to protect and strengthen the UK internal market.”


This amendment can put that government commitment into action. Furthermore, the Government have stated that there will be no negative impact on Northern Ireland businesses. The only way to demonstrate that is to carry out the assessment called for by this amendment. It will ensure that there is ongoing monitoring, not just a one-off snap-shot.