Northern Ireland Protocol Bill

Lord McCrea of Magherafelt and Cookstown Excerpts

2nd reading
Tuesday 11th October 2022 Lords Chamber

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, having listened to the debate thus far, I appreciate that DUP-bashing can be a popular exercise for some noble Lords, but I can tell them that we have a good, strong back. But the fact is that not one unionist political party or elected representative in Northern Ireland supports the Northern Ireland protocol. Whenever you speak about the DUP, you are talking about unionism collectively. Noble Lords should never forget that. I also remind the House that the Northern Ireland Assembly is built on the premise not of majority rule but of cross-community consent, which the Northern Ireland protocol does not have.

The human rights provisions in the Belfast agreement provided the people of Northern Ireland with the right to

“pursue democratically national and political aspirations”.

Article 2 of the protocol obliges the UK Government to ensure that there is no diminishment of any Belfast agreement rights following Brexit. Yet the protocol challenges these rights of the people of Northern Ireland head-on, slashing the value of their vote.

I will quote from a letter I received from a lady in Northern Ireland:

“I am eternally grateful for the work of Ulster’s pioneering 19th century female human rights campaigner, Isabella Tod and those who followed her in the early 20th century, like Dora Mellone … My concern, however, is that the work of these great civil rights campaigners is being undermined, and that my civil rights are being infringed, by the Protocol. Tod, Mellone etc did not campaign for us to have the vote, only for the meaning of that vote to be substantially eroded compared with people living in Great Britain or in the Republic of Ireland. That, however, is the effect of the Protocol because in some 300 areas of law, in relation to which I previously was represented through my legislators, I have now become voiceless. This has immediate, direct and distressing equality implications because it means that I no longer enjoy equality with respect to UK citizens living in Scotland, Wales or England or indeed with citizens of the Republic of Ireland. In the same way UK citizens in Scotland, Wales and England can stand for election … or elect MPs to make their laws in the 300 areas, so too can citizens of the Republic … vote for TDs, Senators and MEPs to make laws in all these areas. The citizens of Northern Ireland are, therefore, uniquely discriminated against.”


Can anyone in this House support or accept that? When we read that letter in the context of the human rights provisions in the Belfast agreement and the obligations in the protocol on the British Government to ensure that there is no diminution of those rights because of Brexit, the case is unanswerable.

I make an economic point. The EU thinks we should be happy because we are offered reduced checks of 80%. If checks were reduced by 90%—

[Baroness Ritchie of Downpatrick (Lab)]

I thank the noble Lord for giving way. Does he accept that the DUP is currently preventing the restoration of all the political institutions in Northern Ireland at a time when the people are facing a cost of living and cost of business crisis and urgently need local governance to make decisions?

[Lord McCrea of Magherafelt and Cookstown (DUP)]

I accept that the DUP has made it abundantly clear that it will not go into the Executive. Have no doubt about that; let the House hear it clearly. I will refer to the speech of my right honourable friend, the leader of our party, on Saturday to his party conference.

As I was saying, if checks were reduced by 90%, it would make no difference because they are not the problem. The problem is the paperwork, which still has to be done whether a consignment is checked or not. Some might respond, “Why is that such a problem? Different countries export to each other all the time. Why should treating Northern Ireland as a third country in relation to the rest of the United Kingdom be economically devastating?” To answer that question, we have to understand that, although we talk about living in a globalised economy as if it was all one, in reality, while there are all manner of links between different state economies, the links within them are none the less qualitatively quite different.

Shipments in lorries between countries tend to be of one product in bulk; as there is only one product, you need only one set of paperwork, which is manageable. However, for shipments in lorries within integrated economies, the contents are quite different. Rather than being overwhelmingly one product, they tend to include multiple products, which means that if you try to treat them as exports, they need multiple pieces of paperwork. That costs money. It is why a number of firms state that they do not believe they can trade with Northern Ireland if the protocol goes on and is furthered by the desire for its full implementation.

Finally, because of time, since it has been raised today, I draw noble Lords’ attention to where the DUP stands. Our leader made this clear on Saturday:

“Let me be clear—either the Prime Minister delivers the provisions of the Protocol Bill by legislation or by negotiation and ensures that our place in the United Kingdom is restored... or there will be no basis to re-enter Stormont.”


That is clear. He continued:

“On this issue it is not words but actions we need to see and we will judge any outcome on the basis of actions not words.”


I say this to the Government tonight: get on with dealing, get on with action, enable us to get on with being equal citizens within the United Kingdom and let our people prosper.

Northern Ireland Protocol Bill

Lord McCrea of Magherafelt and Cookstown Excerpts

Committee stage
Monday 31st October 2022 Lords Chamber

[Baroness Ritchie of Downpatrick (Lab)]

I thank the noble Lord, Lord Purvis, for his clear elucidation of the impact of these amendments. To give a practical example, the dairy industry in Northern Ireland, which I mentioned earlier, is largely all-Ireland in nature, because the greater proportion of the processing of dairy products is in the Republic of Ireland. If grain comes into Northern Ireland through either the red or green lane and could be used by a dairy farmer, the DAERA vet—the department vet—cannot certify whether the milk is produced to EU standards. How can he do so with no certificate? The milk is therefore not going south for processing. That also applies to animal healthcare products. The green and red lanes probably work for retail, but not for food processing. It does not work for primary processers who export.

It is worth noting that in 2021 the Northern Ireland dairy industry represented 31% of UK dairy exports overall. Green and red lanes, or the dual regulatory zones envisaged in this Bill, would cause huge damage to the dairy industry. I know that certain elements of the dairy industry, such as Lakeland Dairies, have had discussions with the noble Lord, Lord Caine, and, prior to that, former Minister of State Burns. I know it would be deeply appreciated if the noble Lord could have further discussions with them, because they know the practical outworkings of that.

Further to that, it is clear that these issues are fundamental to the negotiations, including the technical negotiations, that should be going on between the UK and the EU. We want to see resolutions to these issues. I recall what my noble friend Lord Hain said: where there are problems with the protocol—such as with its implementation—there are solutions. If there is good will on all sides, exactly those negotiations will try to resolve those wrinkles and difficulties.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, having listened to the debate thus far, I have again noticed that a number of noble Lords seem to be exercised about the DUP’s well-known opposition to the protocol. To be clear, not one unionist or unionist party in Northern Ireland accepts the protocol. Rather than just mentioning the DUP, I ask noble Lords collectively not to obsess over the party and realise that there is a serious problem to be dealt with. Clearly, we have an impasse at present, and until the Northern Ireland protocol is dealt with, we will not move forward into an Assembly. That must be restated.

In this group we are confronted with the proposal that Clause 7 should not stand part of the Bill. The clause deals with the option of dual regulatory routes, which arises from the Bill creating a regulatory route that does not involve complying with the protocol. Thus, those proposing the removal of Clause 7 once again engage their argument that the doctrine of necessity cannot be applied and thus excuse us from complying with the protocol. In that context, they maintain Clause 7 should not stand part of the Bill.

Once again, it seems to me that arguing for necessity and a special dispensation not to obey international law is not the best way of addressing the protocol problem. In making this case, I will pick up on the assertion made by some noble Lords that this Bill is problematic not only because no commitment was made to it in the 2019 Conservative manifesto but because the manifesto suggested that the Conservative Party was committed to the protocol. It seems to me that one can assert on this basis that it would be wrong for the Government to bring forward a Bill such as this only if we pretend that Articles 1 and 2 of the protocol are not part of it.

Not only do Articles 1 and 2 subject the protocol to the Belfast agreement treaty, but Article 30 of the Vienna Convention on the Law of Treaties makes it plain that, in the event of any conflict, the Belfast agreement should prevail. This clearly implies that if the operation of the protocol undermines the Belfast agreement, action must be taken. This is more than implied in Article 2, which actively places as a matter of international law an obligation on the UK Government to ensure that the operation of the protocol does not diminish the rights set out in the section of the Belfast agreement

“entitled Rights, Safeguards and Equality of Opportunity results from its withdrawal from the Union”.

As other noble Lords have pointed out, the operation of the protocol is dramatically diminishing the right in the relevant section of the agreement to

“pursue democratically national and political aspirations”.

This right can no longer be pursued in relation to 300 areas of law that have now been removed from a legislature that includes legislators elected by Northern Ireland and placed in a legislature where Northern Ireland has no legislators. This means that, rather than international law being the enemy of this Bill, it is its friend, because the Government are subject to an obligation in international law—Article 2 of the protocol—to take action to ensure there is no diminishment of the right to

“pursue democratically national and political aspirations”.

There is an additional international legal imperative in this regard which should not be overlooked. It arises from Article 3 of the protocol of the European Convention on Human Rights and the case law arising from the case of Matthews v United Kingdom. Matthews lived in Gibraltar and was subject to legislation made by the European Union. As in the case of Northern Ireland, this legislation was made by the European Parliament, in which Gibraltar had no representation. Paragraph 64 of the judgment of the European Court of Human Rights in the case concluded:

“In the present case, as the Court has found (see paragraph 34 above), the legislation which emanates from the European Community forms part of the legislation in Gibraltar, and the applicant is directly affected by it … In the circumstances of the present case, the very essence of the applicant’s right to vote, as guaranteed by Article 3 of Protocol No. 1, was denied. It follows that there has been a violation of that provision.”


This case is of seminal importance, because it established that it is not lawful for any jurisdiction to be subject to legislation made by the European Union when the citizens of the said jurisdiction are not given the opportunity to elect their own representatives to the EU institutions to make that law. The Matthews judgment rings out loud and clear across Northern Ireland. The legislation imposed on Northern Ireland, courtesy of parts of the protocol, denies the very essence of the right to vote, as guaranteed by Article 3 of the protocol of the European Convention on Human Rights.

[Lord Purvis of Tweed (LD)]

My Lords, I thank the noble Lord, Lord McCrea, for giving way. I am following his argument very closely. I do not understand why that argument will not apply to the red route under a dual system. The dual system, by definition, will include the EU route, which will automatically apply EU rules for trade with Northern Ireland, which will still apply to all the areas that he said will have no say.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

I thank the noble Lord for his intervention, but I want to develop the point on the Matthews case and the human rights.

In the Matthews case, the party at fault was not the EU, which was not a contracting party to the ECHR, but the United Kingdom Government, who were deemed to have failed in their treatment of the people of Gibraltar in allowing them to be subject to the EU without representation. The failure of the UK with respect to the Northern Ireland protocol is even starker, coming, as it does, in the aftermath of the Matthews case law. Some might seek to defend this arrangement on the basis that four years after being subject to EU law without seats in the EU legislature, the protocol affords the Northern Ireland Assembly a vote. Crucially, however, this is not a vote on the legislation made under the protocol but on the protocol itself: the arrangement whereby 300 areas of lawmaking for Northern Ireland are given to the EU, notwithstanding that Northern Ireland has no representation in the EU legislature. Rather than giving MLAs the opportunity to scrutinise, amend and vote on all the laws passed in the previous four years, the vote is effectively to determine whether or not the constituents of the MLAs should surrender their votes in relation to the determination of the law to which they are subject in some 300 different areas, having been denied any vote, even in this regard, during the first four years when their votes were, effectively, taken from them. In this context, we need Clause 7, and indeed this whole Bill, to meet the demands of international law with respect to Article 2(1) of the protocol and Article 3 of the European Convention on Human Rights.

In conclusion, this matter concerning the Northern Ireland protocol may not be the flavour of the month for many in your Lordships’ House, but it must be dealt with to the satisfaction of both communities in Northern Ireland, not one.

Northern Ireland Protocol Bill

Lord McCrea of Magherafelt and Cookstown Excerpts

Committee stage
Wednesday 2nd November 2022 Lords Chamber

[Lord Pannick (CB)]

It is getting late—we are almost at dinnertime, I hope. The point is about international law. Clause 13 would exclude the jurisdiction of the Court of Justice of the European Union, which is conferred by the protocol. The test of necessity under international law requires consideration of the necessity for resiling from the protocol by reference to each individual provision: we do not look at it as a whole, we ask whether there is a necessity for this or that. My question to the Minister is: what is the necessity in international law for excluding the jurisdiction of the European Court of Justice? What is it about the European Court of Justice that so concerns Ministers?

We have debated at some length, and I agree with all the speeches that have been made on the subject, the difference between “appropriate” and “necessary”, but the test in international law is necessity. Ministers may well think it is appropriate, for political reasons, to exclude the jurisdiction of the European Court of Justice—I well understand why that may be the case—but can the Minister please tell me how it satisfies the test of necessity to exclude that jurisdiction?

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, this is the third day we have been debating the Northern Ireland protocol and I know Members may be tired or exhausted, but it seems from a unionist point of view that a lot of Members of this House are either tone deaf or totally blind—because they desire to be—about the reality of the situation with the protocol. I do not know how many times Members have to be told that the protocol is totally unacceptable to any unionist elected representative, any unionist within the Northern Ireland Assembly, or indeed any unionist Member who sits in either of the Houses here. That seems to have been just cast aside.

A few moments ago, we listened to the noble Baroness, Lady Ritchie, who stressed how important it is that the protocol is not just re-established but is put fully into operation. Then she stressed how important it is that the Northern Ireland Assembly is given its place to support this protocol. I say gently to the noble Baroness, for whom I have a personal respect, having known her for many years in the other place and in the Northern Ireland Assembly, that maybe she has forgotten that majority rule is no longer in existence in Northern Ireland. In fact, the behest of her community, and indeed the marches on the streets and other activities by others she would not necessarily associate herself with, ensured that majority rule was no longer in existence in Northern Ireland. She is basing her remarks upon the acceptance of the Northern Ireland Assembly, debating and then supporting the protocol with Sinn Féin, the SDLP, the Alliance, the Greens and a few other parties, but not one unionist.

Maybe the Committee needs to learn this fact: the very basis of the Belfast agreement was predicated upon cross-community support, not majority rule. That was decided, and indeed lauded and applauded, by every part of this House. We are also constantly reminded that nothing, but nothing, must be done to undermine the Belfast agreement. I noticed that when the noble Lord, Lord Kerr, was speaking, he mentioned the polls and what the polls are saying. I suggest we should be very careful about what the polls are saying, because they certainly got it wrong on Brexit and it seems that they got it wrong on the election in Israel just yesterday. I suggest that, since we listened to the Secretary of State say that Northern Ireland is heading to the polls, rather than telling us what the polls are saying, when the people of Northern Ireland speak we will find out what the unionist community believes about the Northern Ireland protocol.

It may surprise noble Lords, but there is a party in this House that when it takes a manifesto to the people, actually stands by its manifesto. I know that is a novel thing for the Government Benches over the years, but it is not novel for the Democratic Unionist Party. I suggest that noble Lords refrain from telling us, because to be honest, I am fed up with people telling us what the people of Northern Ireland want. Let the electorate speak. The Minister, or rather the deputy at the Northern Ireland Office, has told us that we will shortly hear the date of the Northern Ireland election. Therefore, the Northern Ireland protocol will be put to the electorate and we will see what the unionist population believes concerning that protocol.

I note, before I finish, that on a previous occasion when I was speaking the noble Lord, Lord Kerr, said that it was novel for us to support or base our opinions on the Belfast agreement when we opposed that agreement. I remind him why we opposed it. It was because the Belfast agreement was putting unreconstructed terrorists into government who would not support the police or law and order. In fact, it took another agreement, the St Andrews agreement, to bring them to the place where they had to say that they would give up their weapons, that the IRA weapons would have to go and that they would actually support the police and call upon their community. So, when noble Lords mention that we did not support the Belfast agreement, that was on the basis of the Belfast agreement at that time bringing in unreconstructed terrorists.

As one who suffered from those terrorists, I say without apology to the noble Lord and to the Committee that I did not agree at that time, but I am also long enough in public life to know that the Belfast agreement is an international agreement and therefore this House has constantly told us that we must do nothing to undermine that agreement. I can tell the Committee clearly that, day by day, those who say that the protocol must continue are undermining the Belfast agreement within the unionist community. I trust and pray that the Government will wisely accept that the Bill is not perfect, but it is certainly better than anything I have heard anyone else suggest we should move forward on.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, this group of amendments brings us to the role of the European Court of Justice, with Clause 13 classifying any provision of the protocol or withdrawal agreement that confers jurisdiction on the ECJ as “excluded provision”. When the Government negotiated and signed the withdrawal agreement, they agreed to a limited role for the ECJ in certain cases. This clause ends ECJ jurisdiction, even when it does not directly relate to excluded provision, and there is a question mark about whether the Government are acting in bad faith on this matter.

Subsections (4) and (5) have been included, according to the Explanatory Notes, to allow Ministers to make arrangements for the sharing of relevant information with the EU. Can the Minister say more about this? To our knowledge, the UK has still not given the EU access to real-time customs data, as required under the withdrawal agreement.

The scope of the power in Clause 13 is very wide. The DPRRC said:

“Parliament has no knowledge of the Government’s plan but is meanwhile expected to rubberstamp all the regulation-making arrangements.”


This point has been made by a number of noble Lords, not least the noble and learned Lord, Lord Judge.

Amendments 21B to 23C, tabled by my noble friend Lord Hain and the noble Baroness, Lady Ritchie, on the potential consequences for the operation of the single electricity market, are very important. I hope the Minister will be able to clarify the legal position. I also hope he will rise to the challenge put to him that the UK Government have every intention of maintaining an all-Ireland electricity market. I look forward to the Minister’s response.

Northern Ireland Protocol Bill

Lord McCrea of Magherafelt and Cookstown Excerpts

Committee stage
Monday 7th November 2022 Lords Chamber

[Lord Empey (UUP)]

My Lords, I want briefly to follow what the noble Lords, Lord Murphy and Lord Dodds, have said. The noble Lord, Lord Dodds, may be right about the European Union not wishing to negotiate with regional politicians. It has a long-standing position on that; the EU-Canada trade agreement got bogged down because of the Wallonians, I think, who blocked it for quite some time. But never mind what the European Union or Dublin thinks. This is what matters: what our own Government decide on who is going to speak for the United Kingdom at these talks. If our Government decide to involve people and politicians in Northern Ireland, that is our business. It is not the European Union’s business. At the end of the day we know what its stance is, but that is neither here nor there if our Government decide that they are going to create their own negotiations. Who they take advice from and consult in the United Kingdom is entirely up to them, so I do not see that as an obstacle.

I gently remind the noble Lord, Lord Dodds, that the first decision in our amendment to the Belfast agreement at St Andrews was to remove the necessity for cross-community consent for the election of the First Minister. Had that remained as it was, Sir Jeffrey Donaldson would be First Minister, not Michelle O’Neill.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I shall make a short comment on Amendment 40 proposed by the noble Baronesses, Lady Suttie and Lady Ritchie of Downpatrick. It says that

“this section does not have effect unless it has previously been approved by a resolution of the Northern Ireland Assembly.”

Surely that is not an honourable reflection of the Belfast agreement, which, as the noble Lord, Lord Murphy, told us, overrides all the international agreements. The spirit, and a fundamental pillar, of the Belfast agreement is cross-community support. If what the noble Baronesses are saying is that the amendment actually means “by a resolution of the Northern Ireland Assembly with cross-community support”, I challenge them to put that in and make that clear. However, I know from the previous contributions of the noble Baroness, Lady Ritchie, that she does not mean that. She means a simple majority and going back to majority rule, which has disappeared in Northern Ireland over the past 50 years—much at the behest of her former colleagues.

I therefore challenge the noble Baronesses to state clearly: do they desire recognition and an honourable reflection of the fundamental pillar of the Belfast agreement? When they speak about

“a resolution of the Northern Ireland Assembly”,

are they clearly stating that that is with cross-community support? If they are not, then they are not upholding the Belfast agreement and all the pretension in this Committee is only empty rhetoric.

--- Later in debate ---

[Lord Dodds of Duncairn (DUP)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Ritchie of Downpatrick. I have just a couple of small points before dealing with some of the wider issues raised by the amendments tabled in this group.

First, on the negotiations, I do not disagree with the involvement of Northern Ireland parties, as I said previously. It was suggested earlier—I think by the noble Lord, Lord Empey, who I regret is not in his place at the moment—that it did not matter what the EU thought as long as the British Government involved the Northern Ireland parties, but we are not talking about consultations; we are talking about negotiations. I think the noble Lord, Lord Murphy of Torfaen, put his finger on it: it is about getting people around the table. If you are going to negotiate, you need the EU and the Irish Government to be on board. The fact is that, regrettably, they have not changed their position from their previous utterances, where they said that this is entirely a matter for the EU, not for regional parties or any individual member state Government; they have said it is for the European Commission, negotiating under the mandate given to it by the Council of Ministers.

My second point is on the issue that the noble Baroness, Lady Ritchie, raised about the joint First Minister nomination, which was also raised on the previous set of amendments. It should be remembered that the Saint Andrews agreement took place towards the end of the 2000s, in an effort to restore devolution after years in which it had been brought down—again, by Sinn Féin, given the fact that it was out murdering people in the streets, and had not decommissioned its weapons, despite promises that it would do so. There was the famous quote by the late Lord Trimble, who said, “We have jumped, now it is your turn.” Of course, Sinn Féin never did reciprocate. As a result, we had the Northern Bank robbery, and the institutions were down for three or four years. They were eventually restored as the result of Saint Andrews, and that was a cross-community agreement which made the arrangements in relation to the nomination of First and Deputy First Minister. That was the result of a cross-community agreement, so the idea that that is contrary to the principle is simply wrong.

I fully endorse what the noble Baroness, Lady Hoey, said about her amendment. It is an important amendment which deals with an issue that has caused considerable concern and anxiety in Northern Ireland, which is the fact that thus far the courts have ruled that Northern Ireland’s constitutional position, Article 6 of the Act of Union, has been subjugated by the Northern Ireland protocol. That is a legal ruling. If we are paying such close scrutiny to the legal technicalities, the legal position set out in the Bill and all its intricacies—which is perfectly proper—we cannot then simply dismiss the ruling of the courts in relation to the Act of Union as neither here nor there. This is an important matter for unionists. It is the foundational constitutional document of Northern Ireland’s place within the United Kingdom, so this is no small matter. It is something that is being challenged by unionist political leaders right across the board, and it is therefore important that it is addressed.

That is why the Belfast agreement, as amended by St Andrews, is in some considerable difficulty, because the protocol has this effect on our constitutional position. The fact is that we have another series of amendments, tabled in the names of the noble Baronesses, Lady Ritchie and Lady Suttie, about “consent of the Northern Ireland Assembly”, which does not include the cross-community element—the cross-community vote. Again, this says to unionists that, while some are prepared to defend and speak up for the Belfast agreement, and say that this is all about protecting it, when it suits them they just change it. The Belfast agreement provides for votes like this on a cross-community basis, yet time and time again we see things being tabled in this House which undermine the agreement. We are told that we should respect the agreement and its spirit, yet here we have amendments that go against what is in the Belfast agreement—never mind the issues about the east-west relationship and strand three of the agreement, which are trashed by the protocol, and the removal of the democratic consent mechanism for the protocol itself, which means that the Assembly had absolutely no say at all before the protocol was introduced. So we are in a very difficult situation.

There is no doubt that unionists have lost a large degree of confidence in the institutions of the Belfast agreement. On what was agreed in 1998, many of us opposed those elements which released unrepentant murderers back on to the streets of Northern Ireland after serving only two years for some of the most heinous crimes imaginable of murder and depravity—people from both sides of the community were allowed to walk free from jail. The Royal Ulster Constabulary was consigned to history, and there were all sorts of issues about Sinn Féin being admitted into government while the Provisional IRA was still murdering people in the streets, as I said, and were still fully armed. Those of us who opposed these things were told, “You’ve got to accept all these things in the name of peace.” Many people did accept them; there was a referendum, it was passed, and the institutions were set up. But unionists had to accept into government people who parties here in Westminster—and, ironically, the parties Fine Gael and Fianna Fáil in the Irish Republic—would not accept into coalition with them. Northern Ireland is lectured all the time about democracy and accepting Sinn Féin into government—and we have accepted Sinn Féin into government, as per the votes of the people who gave them votes and demanded a coalition arrangement. However, the same people who lecture unionists refuse to have anything to do with them in terms of a coalition in the Irish Republic—and I imagine that neither the Labour Party nor the Conservative Party would admit them into a Government here.

We are seeing that the basis of the settlement in 1998 is now continually undermined. The principle of consent has been breached as a result of this protocol. We now have increasing clamour, including recently from the Irish Taoiseach, about changing the rules of the Belfast agreement and how the Assembly should operate. Indeed, I understand that the Taoiseach went so far as to say that it was a matter for the Irish Government, the British Government and the parties. I am sorry, but strand one is a matter for Northern Ireland parties and the UK Government; it is not a matter for the Irish Government. They are entitled to be involved in strand two and strand three issues, but not the internal government of Northern Ireland. This is causing real concern among unionists. We are in a dangerous situation, and not just because of the protocol but because we are seeing that the Belfast agreement is now going to be completely undermined if some people get their way. Majority rule, which, as we have heard, has not happened and has not been the case in Northern Ireland since the early 1970s, is something which has been railed against for over 100 years. However, as a result of boundary changes and the rest, as soon we have a non-unionist majority in the Assembly—it is not a nationalist majority; unionists are still the biggest designation—and because that now does not suit Sinn Féin, the SDLP or even the Alliance Party, some say, “Let’s change the rules.” If unionists had been suggesting such a thing in the late 1990s, during the 2000s or up until 2019, we would have been howled down as being in breach of the very fundamental principles of the Belfast agreement.

The more talk there is of that; the more talk there is about joint authority in the event of no devolution—something that, again, is entirely contrary to the Belfast agreement—the more talk there is about the protocol being rigorously implemented or not changing the protocol in the way it needs to be changed to get unionist consent; the more we are in danger of seeing the restoration of the Assembly and the institutions of the Belfast agreement receding further and further into the distance. That is the reality. We do not want that to happen. We need to get a grip. The more delay there is, either in negotiations or in the UK Government taking the action needed to restore unionist faith in the political process in Northern Ireland, the longer the institutions will be down. This Government cannot have a situation in which Northern Ireland is left in limbo, where no decisions are taken by anybody, where there are no Ministers and where civil servants do not even have the powers they had the last time. We need Northern Ireland to be governed. The UK Government, who have sovereign responsibility under the Belfast agreement and their constitutional responsibilities, need to take responsibility and act for the good government of Northern Ireland.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I shall add a few remarks. The constitutional position of Northern Ireland within the United Kingdom is a very important issue for many people in Northern Ireland, and certainly for the unionist population. There is no doubt whatever that the protocol is undermining and has undermined Northern Ireland’s position. I believe it is a vehicle to continue to undermine the position of Northern Ireland within the United Kingdom. The protocol has brought a profound constitutional change to the very heart of the United Kingdom, because the courts have now ruled that the meaning of the Act of Union, the foundation of the union, has been changed by the protocol, courtesy of it being given direct effect in UK law through the withdrawal agreement Act, with the effect that this subjugates the meaning of Article VI of the Act of Union to the protocol.

I was asked this afternoon how many years I had been in public life in Northern Ireland. It is hard to believe, but in May next year, it will be 50 years: 37 years in the council, 25 years in the other House as a Member of Parliament, 16 years in the Northern Ireland Assembly—and so it goes on. And then in this place here. Now, over the years, I have seen and witnessed, sadly, Northern Ireland’s position being pushed on to the ledge of the union, as it were—pushed to the side. Our position in the United Kingdom has been undermined.

I have to say to your Lordships’ House that the unionist people are very suspicious of both Front Benches, and indeed other parties in this House. When it comes to defending positions, Dublin will defend the nationalist and republican position, but who will defend the unionist position? You would expect the United Kingdom Government to do that, but it is sad to say that successive Governments have not been very good at it. As my noble friend Lord Dodds mentioned a moment ago, certainly strands 2 and 3 give Dublin the right to have a say. But when it comes to strand 1—last week we had the Secretary of State for Northern Ireland in conference with the Foreign Minister of the Irish Republic to talk about whether there should be a poll in Northern Ireland and an election for the Northern Ireland Assembly. Those are the internal affairs of Northern Ireland, yet the basis of the Belfast agreement was that Dublin has no right to a say on such matters. That once again makes people suspicious.

--- Later in debate ---

[Baroness Ritchie of Downpatrick (Lab)]

For the avoidance of doubt, and for the information of the noble Lord, Lord McCrea, when I say “consent and agreement” I mean consent, and it must be the consent of all the people—unionists and nationalists.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

I thank the noble Baroness. That then begs the question: why is it not in her amendment? Why is it simply the consent of the Northern Ireland Assembly, which in fact removes it from cross-community consent? That is not what they are talking about here. If it had been, it would be in this. I listened very carefully to the noble Baroness, Lady Suttie, saying that this would be looked at on a later date. I trust that this will be taken on board. We will not move forward unless there is cross-community consent, and there is no cross-community consent and no unionist consent for this protocol, which they believe is a vehicle for taking Northern Ireland out of the United Kingdom.

[Baroness Chapman of Darlington (Lab)]

My Lords, this is an extraordinary clause. The speech made by the noble Baroness, Lady Hoey, introducing this group, proved the point. She argued that Ministers could, under this clause, act in a way that is incompatible with the Act of Union. My interpretation of this clause is similar to that described by the noble Lord, Lord Pannick, in the discussion of the previous group, in that it gives Ministers the ability to do pretty much anything. There is no restriction on powers. Maybe the Minister had been briefed that there was. Clearly, in this clause at least, that is not the case. That is the point that many noble Lords have been trying to get across to Ministers, and it is the underlying reason for much of the unhappiness with this Bill.

It is probably a bit tedious for the noble Lord, Lord Bew, to listen to us wittering on about this again and again. I completely understand that, as it does seem rather separate from what is happening on the ground and the political issues that he quite rightly says the Bill is really all about. I totally agree with him on that. Nevertheless, the method that the Government are choosing to deal with these political issues is one which gives them these quite unprecedented powers. We have come across this sort of thing many times, but we have never seen it quite as blunt as this. That is why they are getting a sort of two-pronged dissatisfaction with this approach.

The amendment in my name refers specifically to subsections (2)(a) and (2)(b). This is the bit where Clause 22 makes it clear that Ministers would be breaking international obligations and gives them permission to do so. Obviously, if the Bill became law, Ministers would not be breaking domestic law because it would be domestic law, but they would be breaching their international obligations. Ministers’ answers on this issue have been far from convincing. How is passing the Bill responsible if we do not know what the Government are going to do? We do not know that because they are giving themselves such wide powers. If the powers were in some way restricted to issues relating to the problems that the Bill tries to solve, perhaps the Government would be on a firmer footing. However, we are at such a precarious point; for example, there may be elections and there may not be.

I am trying not to have a dog in this race but, from the discussion we have just heard, it is absolutely clear that the problems being described are real and need to be dealt with. They need a Government who are properly engaged and will deal with them seriously. A clause such as this one says the opposite to all communities. Who knows where this will go? There is obviously no trust in the Government on this issue. We have heard it; it is very clear. Even the people who broadly support the Government’s approach do not trust them to do this correctly and do right by them. That is a big problem. It is a problem here in getting support for this clause, but it sure as heck is also a problem on the ground in Northern Ireland.

The Government have got themselves into a real mess on this issue. The powers in the Bill are not constrained to a particular purpose. I just do not know how the Government will deal with this. We have been told that we will get a letter, as if this is a discussion that the Government could not have foreseen, anticipated and had proper answers for. While we are doing our job of going through this Bill, the Government do not have an answer on what was foreshadowed well by noble Lords’ contributions at Second Reading but have to go away and write us a letter. It is not good enough. We need to know the Government’s response to that issue, and particularly on this clause, before we can properly proceed.

I completely agree with everyone who said that we must have the restoration of the political institutions. Some people seem to think that the Bill will help but we disagree. We think that it is bad politics and will lead to more disappointment, probably disappointing the very people who have come here tonight to support the Government in this endeavour. This clause is a problem; the Minister has learned that very well, I think. I am afraid that listening to tonight’s exchanges has made me more convinced than I was before that we on these Benches cannot support this clause unless something shifts dramatically before we reach Report. I just do not know where we go with this Bill.