European Union (Notification of Withdrawal) Bill

Debate between Lord Hannay of Chiswick and Lord Pendry

Committee: 1st sitting (Hansard): House of Lords
Monday 27th February 2017 Lords Chamber

[Lord Hannay of Chiswick (CB)]

My Lords, I will raise a point that was not raised by the noble Lord, Lord Hain, but was very much on my mind as someone who was closely involved in the negotiations over Protocol 36, under which the United Kingdom withdrew from a large number of justice and home affairs provisions, and then opted back into the 35 most important ones. This point was raised both at Second Reading, by my noble friend Lord Blair, and in the debate that we had on the new Select Committee’s report on justice and home affairs.

The relevance for the matter that we are discussing today is very real, because those of us who took evidence on that matter know perfectly well that the underpinning of the Belfast agreement, the open border and everything else depends on the strengthening of law enforcement co-operation that has taken place in recent years under EU legislation. The European arrest warrant, the exchange of criminal record information, Europol: this great raft of things underpins, and above all has helped to achieve, the depoliticisation of these law enforcement issues between Northern Ireland and the Republic.

All those bits of EU legislation are now at risk. There is no doubt about that. The Prime Minister herself, who, after all, is well aware of the problems in this area and negotiated very effectively in the case of Protocol 36, knows it extremely well. However, she has said that no deal is better than a bad deal. No deal means that we go over the cliff, as far as all this law enforcement legislation is concerned. I would therefore like to hear from the Minister, when he replies to this amendment—which I am speaking in favour of—just how the Government intend to avoid that situation. They need a better story to tell than they have had hitherto. Frankly, the story has been thin and threadbare so far: it is a statement of assertions, desires and wishes but of absolutely no sense of direction in how to get there. I hope that the Minister will address this issue, along with all the other ones that other noble Lords, and particularly the noble Lord, Lord Hain, raised. It is an important one and there is no plan B in this case. If we go over the cliff there are no WTO trade rules that we can fall back on: there is just nothing.

[Lord Pendry]

My Lords, I wish to associate myself with the amendment so ably and eloquently moved by my noble friend Lord Hain. I intend to raise the problems that beset certain industries in Northern Ireland, particularly the largest economic provider in terms of employment and revenue, the agri-food sector. I declare an interest at this point: I served in the 1970s as a Minister in the Callaghan Administration, in particular for agriculture, which experienced enormous problems—problems galore—as a result of the complexities of the common agricultural policy, which affected the north adversely in relation to the south.

One recognises that the Government, at least on paper, are committed to doing their level best to secure the best possible arrangements for a smooth transition to a cross-border solution between the north and south of Ireland during negotiations, and will work closely with the Republic of Ireland in so doing. However, these could be soft words unless meaningful action is taken. No meaningful indications appear to have emerged from the debates in the other place of any positive proposals of a practical nature. I hope that in the course of our endeavours, the Minister in this House will cover some of the positive suggestions that were made in the other place and will give us an indication of how the Government will address some of the problems that will certainly emerge in the weeks and months ahead—indeed, in the next two years. I intend at a later stage to mention one or two of the problems facing the Ulster Farmers Union.

In the White Paper, the Government stated their intention to have,

“as seamless and frictionless a border as possible”,

between Northern Ireland and the Republic, but it is not clear, certainly not to me, that this means anything that we can pin them down to. Once Northern Ireland and the Republic are no longer both members of the European Union, the question is: is a border inevitable? There are concerns among politicians from both the north and the south that the return of a border, even a light customs border, could bring about bad memories of a troubled past. Northern Ireland is distinctly different from Scotland and Wales in that it faces significant challenges from Brexit. The Irish border is a major factor for Northern Ireland, with its high dependence on the Republic. That has to be seen and understood by our negotiators and Northern Ireland needs to be armed with the necessary ammunition to fight its corner during these almost certainly difficult talks that lie ahead.

Although Northern Ireland has an overall high dependence on the EU, recent figures show that, unlike any other country in the UK, over 50% of Northern Ireland’s exports go to EU countries and almost 40% to the Republic in particular. From that it is clear that if barriers were erected, the situation in both the north and the south would be detrimental. Should trade barriers be erected, without question, the agricultural and related industries will suffer.