Northern Ireland Protocol Bill

Lord McDonald of Salford Excerpts

2nd reading
Tuesday 11th October 2022 Lords Chamber

[Lord McDonald of Salford (CB)]

My Lords, no matter his verbal dexterity and acknowledged charm, the Minister was unable to present this Bill as anything other than what the noble Lord, Lord Pannick, called “a manifest breach of international law”. Many noble Lords taking part in this afternoon’s debate have urged the Government to reconsider. I add my voice to theirs, for three foreign policy reasons.

First, the UK’s reputation for standing by the agreements it signs is as important to its standing in the world as the excellence of its Armed Forces. For my whole career at the Foreign Office, the UK made the case for a rules-based international order. Without rules—all rules, not just the ones you like—the strong do what they will and the weak suffer what they must. Many of the foreign diplomats on the other side of the negotiating table in my career were unhappy with British advocacy of rules; they pointed out that my wily predecessors had written many of those rules expressly to suit British purposes. Now, the Government propose to set aside an agreement which they co-wrote less than three years ago. At the very least, we invite bemused puzzlement.

Secondly, the Bill not only damages our overall reputation but specifically damages relations with key external partners. We have definitively left the European Union but it remains our neighbour. We benefit from a constructive relationship with our larger neighbour. Brussels has repeatedly made clear two things: first, its willingness to negotiate implementation of the protocol, and, secondly, its settled view that a unilateral move to set aside the protocol would be seen as an act of bad faith. We hear a lot these days about a reset in London’s relations with Brussels, about improved atmospherics and better personal relations. This Bill imperils all that and the Government must know it. If the Bill passes and is implemented, the EU would feel justified in retaliating; after all, it has warned us often enough that that would happen.

Thirdly, the noble Lord, Lord Cormack, referred to the President of the United States and the noble Lord, Lord Forsyth, disputed the importance of his role. Yet President Biden identifies himself as an Irish Catholic. He takes a close interest in what happens in all of Ireland. His Administration have signalled repeatedly their unhappiness with this unilateral action. Having left our regional club, the views of our main ally and partner should loom even larger in our calculations.

Parliament is sovereign but it is not immune from the consequences of its actions. Although Parliament can pass this Bill, it should weigh the international consequences before doing so. If the Government are wise, they will drop the Bill. Negotiation, without the threat of unilateral action, would be far more likely to deliver the result which everyone in your Lordships’ House desires.