Great Britain and Northern Ireland

Lord Empey Excerpts

Thursday 7th April 2022 Grand Committee

[Lord Empey (UUP)]

My Lords, I congratulate the noble Lord, Lord Lexden, on securing this debate. He is one of the key pillars in this Parliament of people defending and promoting the union consistently and persistently. I put that on the record.

The question we are asked to deal with today is about what steps the Government have taken to strengthen the union. I think the steps taken are precious few and far between. My noble friend Lord Bew gave interesting context and referred to the protocol. Of course, there is a tendency from the days of bendy bananas to look upon the European Union as an alien force, but the fact is that the Prime Minister is Minister for the Union—that is in his formal title. He is the person who proposed what is now the protocol to the European Union on 2 October 2019. In his relatively short document, he put forward proposals to

“see regulatory checks applying between Great Britain and Northern Ireland”

talked about border inspection posts and said

“regulatory checks can be implemented at the boundary of the zone”—

which means at a port in Northern Ireland—

“as appropriate and in line with relevant EU law, minimising the potential for non-compliance.”

This was a proposal from the Minister for the Union, so the very core of the protocol was negotiated by the Minister for the Union with his colleagues. It has left the position where a part of this United Kingdom is almost condominium-style, as part of its everyday life is regulated and negotiated by a foreign power, the European Union, over which neither Stormont nor Westminster has any say or control. That is the legal position that was negotiated by the Minister for the Union.

I believe that urgent and radical changes are required, as my noble friend Lord Bew said, and that they are achievable. Already, people who set out to say that we should have rigorous implementation of the protocol have retreated from that position because it just did not make sense and the public just would not accept it. The vast majority of these unnecessary checks can now be removed, but mitigations to the protocol alone are not enough because there are constitutional downstream consequences of the fact that we are in a totally different sphere of influence for a very large part of our economic and social activities. Recent issues over tax, petrol duties and things highlighted that we have already lost control of them.

Mr Ben Habib made this point in an article:

“The Protocol prohibits the British government from truthfully claiming that the UK has taken back control of its laws”


and I believe that is correct. We cannot claim that, so what is required is a serious and urgent negotiation. I believe progress can be made. There are models out there that we can follow. I agree very much with my noble friend Lord Bew that the position with regard to the UK Government’s responsibilities to Northern Ireland are well established in national and international law. But there is an alternative out there, and that is where we should be going and putting serious proposals on the table.