Northern Ireland Protocol — House of Lords, 2022-05-17
Topic: International Affairs
Sarah Ludford (Liberal Democrats, Centre to centre-left): My Lords, while political knockabout is tempting in the surreal circumstance to which the Government have brought us in respect of the Northern Ireland protocol, the situation is too serious and dangerous for that. The Foreign Secretary’s claim that the Government’s "first priority is to uphold the Belfast/Good Friday agreement in all its dimensions" does not stand up to scrutiny. The protocol exists solely because of the nature of Brexit and the hardest of hard versions that the Johnson Government and their DUP allies chose, despite the voters of Northern Ireland not supporting a Brexit of any kind. Brexit was the original sin. The Government’s choice meant that the UK and Ireland were not aligned within the customs union or the single market. The result was the need to manage the particular circumstances of Northern Ireland through special arrangements. It was impossible to have the hard Brexit cake and to eat the no-checks-across-the-Irish-Sea cherry. However, the Prime Minister and his supporters seem never to have accepted the consequences of their choices and the treaties they signed The protocol can be changed only by an agreement between the UK and the EU. At the time it was signed, there was still hope that the trade agreement would supersede the protocol and make it unnecessary. Hence, the Government’s impact assessment in October 2019 said: "The Government intends to conclude a future relationship with the EU that is centred on a comprehensive free trade agreement with the EU and the outcome of this will affect the operation of the protocol." However, that comprehensive FTA never materialised, so the protocol—imperfect as it undoubtedly is—is still the essential best of a bad job. The Government’s announced action will put the UK in potential breach of international law. Like the noble Baroness, I will quote the Conservative chair of the Northern Ireland Affairs Committee, Simon Hoare, who quoted Margaret Thatcher as saying: "The first duty of Government is to uphold the law. If it tries to bob and weave and duck around that duty when it’s inconvenient … then nothing is safe—not home, not liberty, not life itself." The Assembly election results show that a clear majority of voters and elected Assembly members not only want to see the political institutions operating immediately but generally support the protocol. This also applies to the vast majority of the business community, who also want a pragmatic, not confrontational, approach The dual-market access that Northern Ireland enjoys is an economic asset, but the Government are not listening to these messages. In the strong words of my friend in the other place, Stephen Farry of the Lib Dems’ sister party, Alliance, which did so well in the Assembly elections: "This proposed action is unwanted and unwarranted. Indeed, it may prove to be counterproductive and destructive. Much of the rationale cited by the Government is disingenuous … Any action or even threat of action that takes Northern Ireland out of the single market, including disapplying the jurisdiction of the ECJ, will undermine our region"— I repeat, "will undermine our region"— "as an investment location. It would also lead to even greater political instability." These are serious words for a very serious situation The disingenuous nature of the Foreign Secretary’s Statement is illustrated in her assertion that "all Northern Ireland’s political parties agree on the need for changes to the protocol." Of course those parties, including Alliance, which accept the protocol still want to see improvements in its operation, because it is certainly necessary to address a range of issues. However, the way forward lies in partnership and mutual agreement between the UK and EU around legal and sustainable solutions to reduce the nature and level of checks through various mitigations and flexibilities in the operation of the protocol, or via building on the trade and co-operation agreement I note that the Foreign Secretary says that our preference is to reach a negotiated settlement with the EU—so please just do it. One extra that the Government should pursue is a veterinary or SPS agreement; there is a clear alternative here to just whingeing about SPS checks. Can the Minister explain properly why this is not being pursued? Yes, the EU should display even more flexibility than it has already—over medicines, for instance—but it also says that the flexibilities it has proposed have not been fully explored by the UK Government, and it cannot be expected to do more when the Government display belligerence instead of co-operation and undermine trust, especially as some of the solutions involve the EU subcontracting functions to UK authorities To risk a trade war with the EU at a time when there is a military war in Europe and when the UK economy is weak and vulnerable is deeply irresponsible. No wonder the Cabinet is split. I hope that the necessary negotiations will be taken forward.