EU Referendum: UK-Ireland Border

Lord Elliott of Ballinamallard Excerpts

Tuesday 19th July 2016 Westminster Hall

[Dr McDonnell]

I thank the hon. Gentleman for giving us an example of “project fantasy” and the delusions associated with it. Those are the very delusions that we have put up with for a number of months, on the fairyland that was going to be created post-exit. The only thing he missed out on was telling us the tooth fairy is going to come round, and that Santa Claus is going to come round next week and give us all a bag of money.

I am not depressed or being depressed—I am looking quite simply at the facts. It may be a giggle for the Democratic Unionist party, but it is not a giggle for a lot of people. On the Sunday two days after the result became obvious, I got 200 emails screaming at me— 200 emails on a Sunday. I might normally get one email on a Sunday, if I am lucky, but I got 200, which were screaming at me and demanding to know what I was going to do about the mess that had been created. That is coming from the people I am elected to represent. Perhaps they have got it wrong—but I see no evidence of that. I see an awful lot of make-believe.

We have two or three simple options. If we do not have a hard border in customs and immigration terms, we have to have checks and controls at Larne, at the airports, and possibly even at Dublin, Dún Laoghaire and other places. An alternative option might be that the barriers are created somewhere about Dover and similar points of entry.

The issues, however, are serious, and make-believe and delusions will not help solve them. We will require a serious discussion with countries that remain in the European Union to ensure that we go forward with a positive agenda. That agenda will not be helped by delusions or aggression; it will require honest engagement and honest dealing with the facts.

[Tom Elliott (Fermanagh and South Tyrone) (UUP)]

I thank the hon. Gentleman for securing the debate, because it is an interesting one, especially for those of us who live in Northern Ireland, as well as in the Republic of Ireland. I understand some of the concerns, but will he also acknowledge that since the exit referendum some people living in the Republic of Ireland have said that because “Things have settled down quite well and quickly in the United Kingdom,” perhaps it is time for those in the Republic of Ireland to reassess their position in the European Union? Some are saying, “Maybe we should have a referendum on our membership of the European Union as well.”

[Dr McDonnell]

I remind the hon. Gentleman that 56% of the people in Northern Ireland want to remain in the EU, and I guess that a significant number of those in southern Ireland would also want to remain. The referendum, frankly, was a mistake; it has opened a can of worms, which it will be difficult to sort out, and Britain will be much worse off at least economically, if not socially as well.

Remarks about what might, could or should happen are not a clear, definitive statement on, or a commitment to, what will happen. That clarity and assurance is why I asked for the debate today—we need clarity and the public want clarity. People are still in a degree of confusion. The vote has happened and stands, but an awful lot of the detail is missing.

Never before have Northern Ireland and the Republic of Ireland had a situation in which one is in the EU and the other outside it. Also, references to the common travel area simply do not cut any ice with me. We are in uncharted seas—circumstances we have never been in before—and the prospect of people undergoing passport checks as they move between the north and the south, or between Northern Ireland and Britain, is extremely concerning. It would be unwise to create obstacles to the free and seamless travel that now exists between north and south, and between Ireland and Britain, and which is critical for cross-border workers, students, traders and all the social networks that exist at all levels between Northern Ireland and the Republic.

Queen’s University Belfast is in my constituency, and students from Northern Ireland move to the south, to Dublin and other places, such as Galway and Cork, for university education—vice versa, students from the south travel to Belfast, Coleraine and Derry. The practicalities of how changes to the border will impact on them as individuals, and more widely on our economy, have not been fully assessed, and they need to be assessed and fully considered.

The EU referendum result cannot be allowed to erode the massive progress in benefits over the past 20 years, especially the good work of the peace process and the benefits that have flowed from the Good Friday agreement—or the Belfast agreement, as some might wish to call it—including the political process that has evolved; and that still has some way to go. Many of my colleagues have a living memory of a hard border across Ireland. It is not a good memory by any means. On the crucial issue of the border, however, I stress to the Minister that we need a post-Brexit situation for Britain and Europe to resemble the pre-Brexit situation as closely as possible. We want to minimise the damage and disadvantages that can arise.

Free movement of people has transformed the island of Ireland, and it is a central tenet of the Good Friday agreement. That agreement is rooted in European legislation and set in a broad European framework. A UK exit from the EU risks severely compromising the 1998 settlement. There is potential for erosion of its terms and benefits for all if and when Britain leaves the EU. The prospect of an exit has also brought us huge legal and financial uncertainty. Further uncertainty around what the border will look like in 10 years’ time leaves us vulnerable to those who would seek to take advantage of that uncertainty and our weakened state, including dissidents and other paramilitaries—that is not a threat, but an observation.

No one present wants to see a return to the darker days that we came through, but we must be aware of the delicate balance in Northern Ireland, the unique political settlement we have there and how it became destabilised after the referendum. Dragging a region that voted solidly to remain in the EU out of the EU—against its wishes—flies in the face of the principle of consent, which is at the very heart of the 1998 settlement. The new Home Secretary, the new Secretary of State for Northern Ireland and the Irish Minister for Justice, Frances Fitzgerald, must work closely on the issue to ensure that all concerns to do with the border are resolved in a functional and effective way that secures safety, and with it the freedom of all our citizens, north and south, in Ireland.

On customs and the border, leaving the customs union would necessitate customs checks on the border and, therefore, significant restrictions on, barriers to or limitations on travel at the border. We need to look seriously at an option for Northern Ireland to have a special customs status, whereby it is treated as being in the customs union for goods and services travelling solely within the island of Ireland. There are many precedents, but the one that comes to mind is Büsingen, a small German town on the Swiss border, which is treated as part of Switzerland for customs purposes. All sorts of options are available, with other places having various arrangements, but that is one example. It is essential, for our small businesses trading across the Irish border, that we remain within the customs union, and for our exporters, that we remain in the single market.

Throughout Northern Ireland, 56% of our electorate voted to remain. The democratic will of the people in Northern Ireland cannot and should not be airbrushed out of the debate. Northern Ireland can, and might well have to, make common cause with Scotland and Gibraltar. I am looking carefully, along with others in Northern Ireland, at establishing an effort to discuss how we steer our way through the problems that exist already and that will present themselves—for Northern Ireland especially—in the future.

I sincerely hope that the EU will look at some kind of special access arrangement for Northern Ireland, given its unique constitutional status and its geographical location. All sorts of special EU arrangements are in place for the Isle of Man, the Channel Islands and a series of French dependencies throughout the world. The needs of our people and the future of our children depend on our getting the post-Brexit situation right, and doing everything we can to reduce the adverse consequences of Britain leaving the European Union. Our peace, security and economic prospects are in the balance. My plea to those present in Westminster Hall is to get this right—let us do everything necessary to ensure that the post-Brexit situation is minimally removed from the pre-Brexit situation.

--- Later in debate ---

[Mark Durkan (Foyle) (SDLP)]

It is a pleasure to take part in this debate. I congratulate my hon. Friend the Member for Belfast South (Dr McDonnell) on securing the debate and his leadership on this important issue more widely.

Contrary to what we have just heard from the hon. Member for East Antrim (Sammy Wilson), several serious concerns and questions have arisen since the Brexit outcome, and those have been addressed by people looking at these issues. He seems to blur and conflate the questions of a customs border, a migration border, the common travel area and the free movement of goods. Those things are distinct and should not be conflated. We had the common travel area in circumstances in which we still had customs borders and controls, and various exchange controls.

Committee B—the European affairs committee—of the British-Irish Parliamentary Assembly, which met in Malahide in the aftermath of the referendum, commissioned a report on visa systems. It is a very good report, and I commend it to the Minister, who has just taken up his post. If he wants a good understanding of the true history of the common travel area—without the false assumptions and impressions that are given, as though the area has had a singular, linear and even history, which it has not—he would do well to read that report. I pay tribute to that committee’s two current rapporteurs, Aengus Ó Snodaigh TD, who represents Sinn Féin in the Dáil, and Baroness Harris from the other House. Her predecessor as rapporteur was Lord German. The report is a very thorough investigation of the issues.

In case other hon. Members care to know this, the committee is chaired by the hon. Member for Romford (Andrew Rosindell), who was not in the alarmist camp in relation to the leave prospectus. The report states that

“as already noted, the Committee is not currently in a position to draw clear conclusions or make recommendation on the implications for the CTA of the UK leaving the EU. The Committee therefore hopes to explore this issue in more detail as part of any future inquiries it holds on the wider implications for British-Irish relations of the UK’s vote to leave the EU.”

Committee B will not be the only committee of the British-Irish Parliamentary Assembly to look at those issues, but it would be wrong of anybody to pretend that there are not issues or that my hon. Friend the Member for Belfast South is trying to conjure up or exaggerate some of these problems.

[Tom Elliott]

I hear an acceptance, at least, from both the hon. Gentleman and the hon. Member for Belfast South (Dr McDonnell) that the UK’s withdrawal from the European Union will be implemented. We are now talking about how that will be done and the mechanisms for doing that.

[Mark Durkan]

We are talking about the implications of the referendum result—a referendum, remember, that we were told at the time was constitutionally advisory. Let us be very clear that the people of Northern Ireland voted clearly to remain in the EU. They did so when they voted in the referendum, and they did so previously when they voted for the Good Friday agreement, which took the UK and Ireland’s common membership of the EU as a given. That is written into the fabric of the agreement between the two Governments; it is there in the preamble and it is there in strand 1, strand 2 and strand 3. That agreement itself depended on the principle of consent—the consent of the people of Northern Ireland, as well as the consent of the people of the south—and that consent was binding. It is a bit much for people to say that the rest of us should take it as a matter of passing lightness that Northern Ireland could be taken out of the EU against the clear wishes of its people and with potential damage to the Good Friday agreement.

Remember that, as well as the European Union being written into the Good Friday agreement, so too was the European convention on human rights, and we know that there are people in Government who want to dispose of that as well. Those are not mere stud walls to be knocked through but supporting walls of the institutions that we have and the Good Friday agreement, which was given democratic legitimacy—it is a democratic high-water mark—by the unique and overwhelming endorsement that it received from the people of Ireland, north and south, in 1998. No one has dared to contest that since. Those are not matters that we should in any way take as given.

Those who are now grinning like horses chewing thistles because they have got the leave result that they wanted cannot pretend that there are not issues and complications. The rest of us want to minimise and mitigate those, and ensure that people in Northern Ireland are in the best position. It is clear from what my hon. Friend the Member for Belfast South said that that is what we are doing. We are looking for flexibility and a space that allows us to maintain access to the EU and its benefits, which a majority of people in Northern Ireland voted to retain.