United Kingdom Internal Market Bill

Lord Eames Excerpts

Committee stage & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Monday 9th November 2020 Lords Chamber

When will we check the pernicious, subliminal process of allowing the sovereignty of Parliament to be refashioned into the sovereignty of the Executive? In this part, the Executive seek powers that Parliament should never have been asked to give. But as we have been asked to give them, we must not be complicit or supine. The only way available to us to indicate that we are neither complicit nor supine is for us to say “Not content” to each clause in this part of the Bill.

[Lord Eames (CB) [V]]

My Lords, I am privileged to follow the noble and learned Lord, Lord Judge, and I find myself in support of his comments on the wider ambit of the Bill. I share his reservations coming, as I do, from one of the devolved parts of the United Kingdom. I speak to the amendment that is in my name and that of the most reverend Primate the Archbishop of Canterbury, the noble Baroness, Lady Ritchie of Downpatrick, and the noble Lord, Lord Hain. I thank each of them for their support.

This amendment has two purposes, and I stress that in light of the remarks by the noble and learned Lord, Lord Judge. I aim first to provide a degree of protection for a devolved nation, Northern Ireland, should the Bill progress in its present form. Secondly, I am to allow a statement on the record on the vulnerable nature of the peace process in Northern Ireland in the face of the present nature of the Bill. Those two phrases justify my approach: its present form and the present nature of the Bill.

This amendment places a duty on the Secretary of State to take account of the effects of any exercise of authority conveyed by the Bill on the peace process and progress of reconciliation in Northern Ireland. As the Bill stands, there is potential for unintended consequence on the sensitivities of community peace and harmony in Northern Ireland. Brexit is already asking searching questions of that sensitivity. Issues of internal trade arrangements—north-south and east-west in the United Kingdom—are raising questions that have the potential to threaten the hard-earned progress of community understanding and stability in Northern Ireland, but it is still a tender plant.

We have heard frequent reference in your Lordships’ Chamber to the Good Friday or Belfast agreement on Northern Ireland. That is how it should be. That agreement was a turning point in the troubled history of Northern Ireland. It was an episode of immense significance, but it was an episode. The peace process is not just one episode; it is an ongoing daily process, involving ordinary men and women in their lives, how they do business with and relate to each other and, above all else, how they address their fears. It depends on building bridges across traditional divisions. At times, it lurches from mistakes to just temporary success. Constantly lurking in the background is the threat of violence and terrorism. In the Bill is the potential to threaten the stability of Northern Ireland. That threat, as much as it lies in what the Bill questions of the devolved settlement, raises issues of the Northern Ireland peace process. There are issues for Scotland and Wales which, although not as sensitive as those on reconciliation in Northern Ireland, are equally about community stability.

I ask your Lordships to also consider my amendment in the wider context of the Bill. The decisions implemented by the Bill will have a profound effect on the future of the countries of the United Kingdom and the relationship between them, for the Bill represents a profound shift in how trading relationships within the UK will be regulated and governed in the years ahead. This will not be a return to the trade structure that was in place before the UK entered the EU; rather, it is the construction of a system to replace one that had emerged through careful negotiation over decades.

There is in the Bill a weakening of the principles and effect of devolved policy-making, a constitutional significance already noted by the Scottish Parliament and Welsh Senedd. If the Bill reaches the statute book without the consent and understanding of the devolved legislatures, which would occur if safeguards such as those in my amendment are ignored, then trust and good will among the devolved nations will be eroded. But there has been frequent reference in our debates to how, as it stands, the Bill offers the opportunity for a government Minister to break international law.

My amendment is worded with that opportunity in mind. Those of us who feel a moral responsibility to protect and encourage the process in Northern Ireland are particularly alarmed by that possibility. In particular, we feel that the Good Friday agreement, an international agreement that cements and underpins peace and stability within and between the United Kingdom and Ireland, is under threat. A recent article in the Financial Times by the current Anglican primates of the United Kingdom included these words:

“If carefully negotiated terms are not honoured and laws can be ‘legally’ broken, on what foundations does our democracy stand?”


I speak to noble Lords, through this amendment, with deep personal feeling. My professional life was lived out during the days and nights of the Troubles. I have seen suffering and hurt. I have seen the highest that human nature can reach and the lowest to which it can descend. I have seen suffering. I have presided over funerals and seen the tears of young people. I have no alternative but, with moral justification, to defend the peace process and what is being slowly but surely achieved in my native land. I therefore beg leave to propose this amendment.

[Lord Howard of Lympne (Con)]

My Lords, it is a pleasure and an honour to follow the noble and most reverend Lord, Lord Eames. His moving words carry great weight and merit serious consideration by the Government.

I hope I may be forgiven for beginning my remarks with a brief tribute to Lord Sacks, whose death was announced over the weekend. His profound wisdom will be sorely missed, both inside and outside your Lordships’ House.