Protocol on Ireland/Northern Ireland: EU Negotiations

Lord Hannan of Kingsclere Excerpts

Thursday 18th November 2021 Lords Chamber

[Lord Frost (Con)]

My Lords, the noble Baroness is right that there are a number of conditions referred to in Article 16 for its use—economic and social disruption, trade diversion and so on—and, although they are conceptually separate, they all sort of feed into each other and create the conditions that might require the use of safeguards. I repeat what I said earlier: obviously we will be transparent and clear and set out our approach to Article 16 and the justification, if and when it comes to that point.

[Lord Hannan of Kingsclere (Con)]

My Lords, I very much welcome my noble friend the Minister’s original Statement, and his repetition today that we are prepared to say that the threshold for triggering has been met. It is indisputable that there has been trade diversion and that there is a political crisis if half the population and every unionist party is against the protocol. Will my noble friend the Minister take this opportunity to confirm that, if we go down the route of Article 16, it will not be simply for the purpose of extending waivers, derogations or exemptions but to take the opportunity to tackle the jurisdictional problem that part of our country is governed from abroad? We exported to the world the sublime idea that laws should not be passed nor taxes raised except by accountable representatives. We should extend that principle to our fellow countrymen in Northern Ireland.

[Lord Frost (Con)]

My noble friend is right that the current situation in Northern Ireland, with various grace periods and other easements in the implementation of the protocol, is nevertheless generating tensions and difficulties, and that the full implementation of the protocol, were that ever to be required, would generate even more difficulties. I think it is correct to think that, if we use Article 16 and safeguards, it will be to improve the situation over the one that we have now.