Northern Ireland Protocol

Lord Reid of Cardowan Excerpts

Tuesday 28th February 2023 Lords Chamber

[Lord True (Con)]

My Lords, that last remark takes me back to the memoir writers. We shall see whether the big stick played its part. As I said—I am grateful to the noble Baroness opposite for also saying this—it is absolutely right and reasonable that all parties in Northern Ireland should look very carefully at the text and the details that the Government have laid out. That is why we have sought to lay out a detailed text in co-operation with the European Union. Of course this is better than the Northern Ireland protocol. I am delighted that that is the case, and I clearly agree with what my noble friend said on that point.

[Lord Reid of Cardowan (Lab)]

My Lords, this is an occasion for bringing the House together rather than dividing it, given the importance of this issue. For my part, I have no hesitation in congratulating the Government and all the Ministers who were involved—including those on the Front Bench—on what I think is quite a stunning success. As the noble Lord, Lord Cormack, said earlier, two successes in two days is quite a record at the moment.

I would merely make a couple of comments on the Stormont brake. The first is that it is a major step forward in negotiations with the European Union but, as I understand it, it can work only if there is an Assembly sitting, as has been said. Effectively, not to have that Assembly sitting snatches defeat from the jaws of success and allows the EU to impose anything it likes. I know that our colleagues in the DUP will be considering this, and that is one of the aspects they will wish to look at. I will say no more on that. The second point is that the brake is a sort of sudden, 100% brake—a veto —even if the Assembly is sitting. Is there not a mechanism for allowing consultation prior to a brake being used, or prior to the EU bringing in legislation? If there is the possibility of that, could we look at what mechanism we might have for discussing this?

[Lord True (Con)]

I thank the noble Lord for his opening remark, from his long personal perspective of service. That is why I said I did not want to put anybody in a box on this occasion; I think time, space and consideration are extremely important.

As far as the brake is concerned, the noble Lord is of course right to say that it will need the Stormont Executive to be in place. We believe that this agreement could mark a turning point for Northern Ireland and potentially puts power back into the hands of the people of Northern Ireland, where it always should be and should have been, and a restored and functioning Executive are important. To repeat, it is now for the parties to decide how they want to move forward with that mechanism. The advantage of the brake over what we had before is that it can be applied to points of detail, provided they have a significant impact, potentially, on the people of Northern Ireland; whereas, with the protocol, it was all or nothing, throwing a lot of stuff out. Within the process of the brake, which I am sure will be carefully examined over the coming days and weeks, there are various points for discussion and scrutiny.