Northern Ireland Protocol

Marcus Fysh Excerpts

Thursday 15th July 2021 Commons Chamber

[Mr Marcus Fysh (Yeovil) (Con) [V]]

This debate is about the future and we should focus on that, not the past. Article 6 of the Northern Ireland protocol states that the Joint Committee of the EU and the UK shall adopt appropriate facilitations that will aid the functioning of the UK’s internal market. The EU could agree to expand the trusted trader scheme. It could agree to use the simplifications that are available under its union customs code. It could agree that the performance of SPS checks and controls should in the main take place within firms’ facilities. It could agree product-by-product agreements that could streamline the need for checks based on mutual recognition, such as the EU has with nations such as New Zealand. That is possible and can be made even more secure, as we have heard, by concepts such as mutual enforcement. There is no need for regulatory alignment by the UK and that will not be accepted in either the short or the long term.

Insisting on alignment unreasonably stops the reaching of agreement on facilitation, which is the EU’s legal obligation. Diversion of trade, as we have heard, is contrary both to the terms of the Northern Ireland protocol and to the spirit of the Good Friday agreement. So is the now explicitly stated aim of the previous Prime Minister of the Republic of Ireland to use the EU’s diversion of trade in Northern Ireland as a means to achieve a united Ireland. Many in the world are aware of the EU’s regular attempts at regulatory imperialism and do not find it reasonable. I ask: is this reasonable in the context of Northern Ireland and the sensitivity there of needing to respect all communities’ desires?

Would it be reasonable for Canada to insist that the US aligned to Canada’s regulations in order to enable Alaskan goods to move into the Yukon or British Columbia? Would it be reasonable to hope that such a policy would lead to Alaska being united with Canada? I would say no, as I hope most reasonable people in the world would.

I hope the EU will change its stance, be reasonable and make the Northern Ireland protocol work, while respecting the fact that the UK will, as a sovereign nation, not take its regulation from the EU. If it will not do so, the UK would be within its rights and have no real world option other than, in good faith, to take realistic and reasonable unilateral action to implement facilitations, in the interests of all in the island of Ireland, which help the EU and the UK to preserve their internal markets.