Ireland/Northern Ireland Protocol: Scrutiny of EU Legislative Proposals (European Affairs Committee Sub-Committee Report)

Lord Godson Excerpts

Friday 20th January 2023 Lords Chamber

[Lord Godson (Con)]

My Lords, I take great pleasure in following the noble Lord, Lord Dodds, and I share in the congratulations to the noble Lord, Lord Jay, on his stewardship of the committee and to all of the committee staff. There is great consensus on that matter, if nothing else, in this House and in our committee. I congratulate him and all others associated with that.

In the first year, the committee has scrutinised or taken note of around 74 pieces of EU legislation covered by the protocol. That is 10 times more than the original estimate, suggesting that the democratic deficit is wider, and the divergence between the regulation of goods in Northern Ireland and in Great Britain is likely to be greater, than anticipated when the protocol was originally agreed. This will be of concern to this House, to the people of Northern Ireland and to everyone across these islands and beyond.

It is clear from the volume of material passing through our committee, and from the variability of material that we see from the Government, that engagement with Brussels needs now to be enhanced. The protocol, the withdrawal agreement and the trade and co-operation agreement, as well as the other EU-UK agreements, joint policies and ongoing co-operation, mean that our understanding of the EU’s thinking and planning, and our knowledge of its activities, need to be far better than when we were members of it.

We need to identify the legislative changes and policies that will or might come under the protocol earlier than we are currently doing. We also need to discover and understand the changes in the regulation of the EU’s single market and trade policy as early as possible. More broadly, we need to be much better tuned to the development of the EU’s justice, home affairs and human rights policy, as well as its common foreign and security policy and the recent moves to transform its state aid and industrial policy. In short, we perhaps need to look to the model of the Irish Republic, obviously a smaller entity than the United Kingdom, which has been very successfully able to track and influence UK government policy through the years. We now need to be able to perform that task towards the EU, the larger entity vis-à-vis ourselves, with the same rigour with which the Irish state has performed its core functions in its own national interest.

Our engagement with the European Parliament will need to be far better, far more technical and more consistent. This is particularly true for the protocol, but the lessons have much wider application. On balance, our footprint in Brussels should increase, not decrease, as we seek to engage and understand and, in so doing, better manage our relationship with our largest trading partner. We made great errors in our negotiation on the withdrawal agreement because, frankly, we were not on top of our game and too little expertise was diffused across Whitehall. We have learned much since, but those lessons need to be embedded. We cannot afford to make similar mistakes again.

On our legislative scrutiny, it occurs to me that, in due course, there might be merit in a working relationship under the British-Irish Council, which my late friend Lord Trimble did so much to place at the heart of strand 3 of the Belfast/Good Friday agreement in 1998, when many thought that it was a slightly quixotic enthusiasm of his, although, in retrospect, it has turned out to be of the greatest significance in very different and changed circumstances. The British-Irish Council has seen too little activity and has too often been too easily dismissed during the negotiations over the protocol and even, at times, in this House.

In our scrutiny of EU legislation affecting the protocol, there would be real benefit now in co-operative work with the Northern Ireland Assembly, this House and the other place. This would help to address, in part, the democratic deficit that so many from across many different sides of the divide here identified, and it would bring together local expertise with the resources of this House and our expertise in, and experience of, scrutiny and engagement with Whitehall. The Belfast/Good Friday agreement specifically promotes interparliamentary links and co-operation under the British-Irish Council in strand 3. We should pay attention to how the institutions of the Belfast agreement can help us to address some of the challenges that we face. We must protect that agreement, and it can help to protect our national interests in the same way.