Northern Ireland Border

Robert Buckland Excerpts

Thursday 3rd February 2022 Commons Chamber

[George Eustice]

I would express it slightly differently, but would say this: the rationale Minister Poots has advanced is that the EU audit that took place and whose findings were published at the end of last year raised some issues that he believed were contentious and therefore potentially a threat to community relations. Therefore, in his view, part of the threshold test for authorisation to be required by the Northern Ireland Executive has been met. He therefore believes that there should be a discussion; to date, under the power-sharing agreement there has not been agreement that it should be discussed, and that has led to the current state of affairs. So it is too early to say what the legal position is. I know it is the position of Edwin Poots that it is not lawful to continue these checks without the express authority of the Northern Ireland Executive. Others may take a different view, but the UK Government very much hope the Northern Ireland Executive can find a resolution to this, and for our part, as the ones who stand behind the Belfast/Good Friday agreement and are responsible for it and for protecting it, and as the ones who are responsible for international negotiations, we will continue to endeavour through the negotiations with the EU to find an enduring solution.

[Sir Robert Buckland (South Swindon) (Con)]

My right hon. Friend rightly characterises this as a devolved matter, and the Government, far from making a U-turn, have been very clear and consistent about it. However, the international law dimension of this and the obligations of the United Kingdom Government are also very clear. Would it not have been better for the Minister in the Northern Ireland Executive to have told my right hon. Friend before he decided to make this directive because of the obvious sensitivities and the vital importance of allowing my right hon. Friend the Foreign Secretary to conduct her negotiations with Commissioner Šefčovič in as smooth and unimpeded a way as possible? We will deal with this through negotiation and resolution at international level, and therefore we need to avoid the elephant traps that unilateral action present.

[George Eustice]

My right hon. and learned Friend knows from experience that the UK Government have considerable patience for negotiation in order to reach agreement and sensible pragmatic settlements in these areas. He is absolutely right that we seek and would prefer a negotiated reform of the way the protocol is interpreted, and that is what my right hon. Friend the Foreign Secretary is working on, but I hope I have given an explanation on a number of occasions now about the perspective that Edwin Poots brings to this and why he has acted in the way that he has. I hope my right hon. and learned Friend will also understand that there is a difference between things we are responsible for in international law and things a devolved Administration are responsible for implementing under the devolved devolution settlement that we have.