European Union (Withdrawal) Bill

Lord Howarth of Newport Excerpts

Report: 5th sitting (Hansard): House of Lords
Wednesday 2nd May 2018 Lords Chamber

[Lord Bridges of Headley (Con)]

My Lords, I rise with a considerable amount of hesitation because I am very conscious of the level of experience in this House on matters pertaining to Northern Ireland, not least my noble friend Lord Patten, who spoke with considerable eloquence in introducing his amendment.

I utterly reject the views expressed in some parts of the media that noble Lords, including my noble friend, should not be allowed to express their views on this issue. That is what we are here to do, it is what we should do, and we should not face the opprobrium of the media in so doing. The issue is whether we get the balance right between advising and scrutinising this important piece of legislation as opposed to blocking it and thwarting the will of the people. That is an issue that I am sure my noble friends have very much in mind as we debate this amendment and all others.

I stand shoulder to shoulder with all noble Lords who wish to see the Good Friday agreement remain intact as we leave the EU. None of us, whether we voted to leave or whether, like me, we voted to remain, wishes to see Brexit undermining that agreement, nor do any of us wish to see Brexit undermining the union of our nation itself. I would find it very difficult—I almost say impossible—to vote for any withdrawal agreement that contained a backstop whereby in the event of no deal a new border or unacceptable new barriers were to arise between Northern Ireland and mainland Britain. My fear is that come the autumn the agreement on the future arrangements will be fudge, but it must not and cannot be fudge containing the poison pill of that backstop. People voted to leave the European Union; they did not vote to break up the union that underpins our nation.

The doublethink of the December agreement, in which paragraph 49 says one thing and paragraph 50 another, cannot be allowed to seep into the final agreement, but there is clearly a risk that it might. Given that risk, if this House were to pass the amendment in the name of my noble friend, it would seem odd not to pass another one preventing this Government from creating such a border in the Irish Sea or creating new barriers to trade between one part of the United Kingdom and another in the event of no deal. For if we treasure the Good Friday agreement, as we all clearly do, surely we treasure the union just as much. Would it not be odd for Parliament to stop the Government from erecting new borders on the Irish border only to leave them free to erect them in the Irish Sea? After all, this too is government policy, and it would be unacceptable.

However, I argue that now is not the time to do any of this. We should not pass the amendment nor anything else on this sensitive topic for two simple reasons: first, the Bill is one of process; and, secondly, we must remember where the negotiations stand. We are hurtling towards a reckoning. The EU appears to reject the Government’s concept of a free trade agreement, rejects their approach to customs, is insisting on frictionless trade between Northern Ireland and Ireland and is committed to this dreaded backstop as a contingency. Meanwhile, our Government are rejecting membership of a customs union and rightly refusing to accept the EU’s definition of a backstop. As of Monday, this Parliament may be given the power to stop the UK leaving the EU without a deal.

We are approaching a deadlock. The Brexit negotiating chamber is, I fear, beginning to resemble the Little Ease in the Tower of London: so tiny that there is no room to move. As a remainer, I believe that we must honour the referendum result and negotiate an agreement to leave the EU that is in our national interest. The key word in that sentence is “negotiate”. As my noble friend said, in any negotiation there must be compromise. If your Lordships agree on that, it surely follows that we must give the Government room and space to make compromises. The more we put constraints on what the Government can and cannot do in any eventuality, the more it will hinder the Government’s room for manoeuvre.

Rather than put this into legislation, I simply ask your Lordships to think of this. Would it not be better to reserve judgment until we see what the negotiations actually produce? To vote against the amendment is not to vote for a hard Brexit, it is certainly not to vote against the Good Friday agreement, it is simply to vote to give the Government the space they need to negotiate, and then we can and we must decide.

[Lord Howarth of Newport (Lab)]

My Lords, we are told that unless we remain in the customs union, there will be a hard border between Ireland and Northern Ireland, which would be contrary to the Good Friday agreement and endanger peace in Northern Ireland. The noble and learned Lord, Lord Carswell, spoke to us illuminatingly just now about the reality of the historical border.

The future of Northern Ireland and of peace in Northern Ireland is of course hugely important, and we have very serious responsibilities with regard to Ireland, but the future of Britain, the future interests of Britain and the future economic opportunities for Britain are just as important—I would contend, more important, as the noble Lord, Lord Spicer, said earlier. The intransigence of Monsieur Barnier and of some remainers, and their ruthless exploitation of the border issue in order to coerce us into remaining in the customs union is inappropriate. Neither should we be coerced by the threat of hypothetical violence, should some border changes need to be made.

As someone who has had family members on both sides of the border and spent a great deal of my life in Ireland, I am fully aware of how terrible the Troubles were and of the extraordinary blessings of peace that the Good Friday agreement has brought about. One of the virtues of the Good Friday agreement is that, through it, the people of Northern Ireland have learned to live with complexity and uncertainty. With the spirit of compromise advocated by the noble and right reverend Lord, Lord Eames, with pragmatism, good will and the smart use of technology, a workable solution can be found. The noble Lord, Lord Patten, was somewhat dismissive of the possibilities of creating a virtual border, but I understand that the Cabinet sub-committee is, quite rightly, looking at that very issue this afternoon. I think it would be wise of the Republic of Ireland to look equally seriously at that option, which would be very much in the interests of the economy of Ireland.

There are other possible solutions to this problem. This is perhaps not the moment to elaborate on them, but I just note—my noble friend encourages me. One possibility would be for us, when we are no longer members of the European Union and not in a customs union, to decide to abolish tariffs. That would be good for our own people and would very satisfactorily address the border issue.

Another solution—I would not wish events to play out in this way, but it would be entirely within the letter and spirit of the Good Friday agreement—would be for there to be a referendum in Northern Ireland, in which the people of Northern Ireland could decide for themselves whether they wished to be reunited with Ireland. After all, 56% of them voted to remain; it would be an opportunity to test how serious they are about that. If that was the decision that they took, that, too, would solve the problem of the border. I emphasise that it is not a resolution that I would like to see—but it is nonsense to say that there are no policy solutions other than staying in the customs union.

I finally note that it is a curiosity to me that Amendment 88 effectively gives the Government of Ireland a veto on the list of policy options in relation to the border that is set out in the amendment. Since this Government of Ireland take their instructions from the EU, it effectively gives a veto to the EU. The noble Lord, Lord Patten, mentioned in the debate on the customs union the other day that he has experience of international negotiations. I would just ask him whether he really thinks that it is wise to legislate to give to the people you are negotiating with a veto on crucial issues that you are negotiating on. I do not think that that is sensible, realistic or appropriate, and I do not think that we should support this amendment.