Northern Ireland Protocol

William Cash Excerpts

Tuesday 17th May 2022 Commons Chamber

[Elizabeth Truss]

The right hon. Gentleman points out that we need more flexibility from the EU, and need a changed mandate. His point about sandwiches from Yorkshire cannot be addressed through the operation of the protocol; the protocol itself needs to be changed. I have had six months of discussions with Maroš Šefčovič—my predecessor had a year of discussions—and there still has not been agreement from the EU on changing the protocol, which would fix the issues the right hon. Gentleman raised. We have seen the Belfast/Good Friday agreement undermined; we have seen the balance upset in Northern Ireland; and we have not seen the Executive fully functioning since February. In the absence of being able to achieve a negotiated solution with the EU, we are bringing forward legislation, but I am very clear that I am hopeful that the EU will change its position and be prepared to enter negotiations on that, in order to fix the very real issues that the right hon. Gentleman mentioned.

On the response from the EU, I point out that our solution makes the EU no worse off. We have proposals to protect the single market and to ensure enforcement of the green and red lanes. I hope that it looks at our proposals in a reasonable way, just as we are putting them forward in a reasonable way, and that we can work together on a solution.

[Sir William Cash (Stone) (Con)]

I commend my right hon. Friend on her excellent statement, and my right hon. Friend the Prime Minister on section 38 of the European Union (Withdrawal Agreement) Act 2020, which enables the Foreign Secretary’s Bill to use our sovereignty, notwithstanding the protocol. Will she also ensure, through instructions to parliamentary counsel, that the Bill fully satisfies requirements when it comes to our sovereignty, the constitutional integrity of Northern Ireland within the United Kingdom, and the Good Friday agreement, and will she ensure that the European Court of Justice and EU law do not displace UK law? I also strongly urge her to take the advice of the Attorney General on matters of international law, despite siren voices to the contrary.

[Elizabeth Truss]

I thank my hon. Friend for his great expertise on this matter. To be clear, on the European Court of Justice, our solution is to have an arbitration mechanism in place, as we do for the trade and co-operation agreement, rather than having the ECJ as the final arbiter.