Northern Ireland Protocol

Mark Francois Excerpts

Thursday 15th July 2021 Commons Chamber

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

If I may, I shall begin by commending my hon. Friend the Member for Harwich and North Essex (Sir Bernard Jenkin) for so ably introducing this very important debate and by agreeing with him that we should thank the Backbench Business Committee for finding valuable time for it, especially as our Prime Minister is now due to meet senior members of the Irish Government on these matters only next week.

As my hon. Friend the Member for Harwich and North Essex has pointed out, the Northern Ireland protocol contains a safeguarding clause in article 16 in the event that the protocol is not working as intended. Either party can activate article 16, in which case they then have to proceed under the provisions of annex 7. It should be remembered that the European Commission, not the UK Government, invoked article 16 on the evening of 29 January 2021. If the rumours were to be believed, Dublin was not even consulted about this action. Dublin found out from London, not from Brussels. The supreme irony is that, in doing so, the European Commission, which took the decision, effectively sought to create a hard border on the island of Ireland for medicines and, crucially, vaccines, despite having sworn blind for three years, during what I describe as the battle for Brexit in this House, that that was absolutely the last thing that they ever wanted to do. I am sure that the Chairman of the Northern Ireland Affairs Committee, my hon. Friend the Member for North Dorset (Simon Hoare), who has helpfully reassured us this afternoon that he is not an apologist for the European Union, will be the first to acknowledge that.

Invoking article 16 in that way was, I think it is fair to say, widely derided as a mistake, and the European Commission withdrew it by the cold light of morning. The Commission was really doing it for internal reasons, because of, among other things, the slow roll-out of vaccines, unfortunately, on the continent; nevertheless, the fact that it did it, when it clearly should not have done, means that our Prime Minister is absolutely entitled, as he has said many times, to keep article 16 on the table if the European Commission refuses to be reasonable in renegotiating the Northern Ireland protocol, or even replacing it.

One thing, though, that all protagonists in this debate seem to agree about is their willingness and, in fact, strong desire to uphold the 1998 Good Friday agreement, which has indeed been crucial in bringing peace and stability to Northern Ireland for over two decades. It is fundamentally based on the principle of consent, as the leader of the Democratic Unionist party, the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), and his colleagues have reminded us, but it is now as plain as a pikestaff that the Northern Ireland protocol no longer enjoys the consent of the Unionist community in Northern Ireland.

If the House will not take that from me, it could take it from the new leader of the DUP, whom I wish all the best with his onerous responsibilities at this time. If the House will not take it from him, it could take it from the Nobel prize winner Lord Trimble, who has pointed out, importantly in this context also to audiences in the United States, who follow these matters closely, that the Northern Ireland protocol no longer enjoys the consent of the Unionist community in Northern Ireland. Very wisely, in my view, he has recommended a system of mutual enforcement as a far better alternative.

[Sir Iain Duncan Smith]

Does my right hon. Friend recognise that Lord Trimble is not just a Nobel peace prize winner, but one of the two architects of the Belfast/Good Friday agreement, the other of whom is now dead, and therefore the greatest authority on what is going on? I absolutely agree with my right hon. Friend. Is it not the reality, therefore, that those who had nothing to do with it now say they are experts, when the real expert says that it is exactly what it is—damaging?

[Mr Francois]

My right hon. Friend is absolutely right. Lord Trimble helped to create the Good Friday agreement, at great risk not just to his political career but arguably to his own life, and not least because of that he is respected around the world. If people will not listen to me or even, though I find it difficult to believe, to my right hon. Friend, they should listen to David Trimble.

In February 2021, the European Research Group, which I have the privilege to chair, produced a detailed report on the Northern Ireland protocol, entitled “Re-uniting the Kingdom: How and why to replace the Northern Ireland Protocol”. A copy has been lodged in the Library of the House of Commons. The executive summary of that document says:

“The European Commission’s bungled invocation of Article 16, regarding vaccines, in late January 2021 has, rightfully, been widely criticised. Nevertheless, it has created a unique political opportunity for the United Kingdom Government to seek to negotiate a replacement of the Protocol with alternative arrangements, based on the concept of ‘Mutual Enforcement.’…If the EU remains unwilling to contemplate this, the U.K. Government should retain the option of invoking Article 16 itself and/or consider instigating domestic legislation, to replace the Protocol, via utilising Section 38 (The Sovereignty Clause) of the European Union (Withdrawal Agreement) Act, 2020.”

We want to renegotiate this, and we hope that the European Commission and member states will be reasonable. After all, it swore blind that it would never remove the backstop, but after three months of negotiation it did, so there is a clear precedent for it. We would rather do this in a spirit of mutual negotiation, but I am reminded of the words of the late Baroness Thatcher, who famously said: “Northern Ireland is as British as Finchley”. Baroness Thatcher may no longer be with us, but her spirit lives on. We must retain Northern Ireland as a fundamental part of the United Kingdom. If, when push comes to shove, that means that the Northern Ireland protocol has to go, so that the vital principle of consent within the Good Friday agreement can be maintained for the peace and wellbeing of the people of Northern Ireland, then so be it.

--- Later in debate ---

[Mr Francois]

My right hon. Friend kindly referred to me earlier and, far more importantly, to Lord Trimble. Does he agree that, although there are often risks in doing something, in this situation there are also risks in not doing something? If we do not address the serious discontent in one community in Northern Ireland, there is a real risk, as he hinted, that people with a dark past will seek to exploit this for their own ends and use violence rather than democratic debate to advance their objectives, which are not in the interests of the Good Friday agreement.

[Mr Harper]

My right hon. Friend puts it very well. There are serious risks here, which is why we need to address the perfectly reasonable concerns that many people have in Northern Ireland.

It would be helpful if the Minister could indicate when the Government will set out their thinking—obviously, there is not long to go before the recess—and whether that will be announced in such a way as to give us the chance to question Ministers. The right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), who leads the Democratic Unionist party, set out its checklist for how it is going to test any proposals that the Governments bring forward. It would be helpful to know—I do not expect the Minister and the United Kingdom Government to completely agree with the right hon. Gentleman—