Northern Ireland Protocol Bill

Lord Jay of Ewelme Excerpts

2nd reading
Tuesday 11th October 2022 Lords Chamber

[Lord Jay of Ewelme (CB)]

My Lords, I speak today as chairman of the committee on the protocol in your Lordships’ House, nearly all of whose members are speaking in the Second Reading debate today. I am only too conscious that the noble Lord, Lord Dodds of Duncairn, is speaking after me

We on the committee are united in our view of the importance of scrutinising the protocol and the effect that it will have and indeed is already having on the economy and the politics of Northern Ireland. As our latest report shows, that economic impact is hard to discern with certainty. Many of those involved in east- west trade—trade between Great Britain and Northern Ireland—are suffering. That is particularly true of small and medium-sized enterprises. At the same time, many of those involved in north-south trade are prospering. But all those who spoke to us agreed that the present uncertainty is destabilising, and uncertainty is the one thing that all businesses hate. That is why we concluded that a mutually agreed solution between the UK and the EU is the best outcome —but it will require flexibility and compromise on all sides, and it will also require trust.

I am glad that trust is now being re-established. It is a necessary, though not a sufficient, prerequisite for a lasting agreement. I am glad too that negotiations, even technical ones, have been restarted. They will be tough on some issues. On red/green channels for trade with Northern Ireland, for example, or on data transfers, the differences between the UK and EU positions do not seem all that huge to me. On other issues, such as the longer-term divergence between the economies of the UK and the EU, regulatory structures and governance issues, including the role of the ECJ, the differences are much greater and the negotiations will inevitably be tougher. But at least the negotiations have restarted and, if they succeed, the Bill before us will never be needed. But it is before us and the protocol committee of your Lordships’ House has begun an inquiry into it, with evidence sessions tomorrow and over the next few weeks, and with a visit to Belfast and Newry next week.

Meanwhile, there is one question on which I would welcome advice from the Minister in answering the debate. One of the recurring themes of the Northern Ireland committee’s reports has been the need for the Government to take full account of the different shades of opinion in Northern Ireland in formulating their approach to the protocol. We have heard that there is a palpable sense in Northern Ireland that their views are not fully considered. Could the Minister give us an assurance that Northern Ireland opinion will be taken into account as the negotiations proceed? Could he also say how Northern Ireland, and Northern Ireland politicians, will be involved in the negotiations themselves?