European Union (Withdrawal) Bill — House of Lords, 2018-06-18
Topic: International Affairs
Peter Hain (Labour, Centre-left): My Lords, the profound uncertainty about the UK’s future relationship with the EU is the very reason why, last December in their joint report, the UK and EU agreed that the Good Friday/Belfast agreement, "must be protected in all its parts", throughout the Brexit process. It is also why, in that report, Britain affirmed its commitment to, "the avoidance of a hard border, including any physical infrastructure or related checks and controls" I therefore welcome the Government’s concession and I would like to think that the Minister, who is held in high regard in this House, was instrumental in that change However, I am sorry to say that the Government’s failure to accept a key part of the Lords amendment and instead substitute a minimalist subsection makes me suspicious, because it focuses on physical infrastructure as the only problem. But this infrastructure and the associated checks and controls are the symptom, not the cause, of a hard border. Regulatory arrangements, common standards and compatible rules of origin are all absolutely essential to ensure a frictionless border. This was recognised in the original Lords amendment, which I stress did not specify UK membership of the European Union customs union and single market but stated clearly that there must be no regulations which, "create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature … physical infrastructure, including border posts … a requirement for customs or regulatory compliance checks … a requirement for security checks … random checks on goods vehicles, or … any other checks and controls … that did not exist before exit day" For what reason have these clear and specific details now been excluded? Perhaps the Minister can explain to the House Indeed, the wording of the Commons amendment is characterised by some ambiguity, even as it is more restrictive in its scope. As we know, there is already some limited infrastructure at the border, such as automatic number plate recognition cameras. Are these amendments sufficient to protect against the expansion and reappropriation of this infrastructure for much more intrusive and ambitious use—for example, enforcing a hard customs or regulatory border? If this were to be the case, not only would it be an incitement to civil disobedience or worse, it would constitute a gross betrayal of the trust of the Irish Government and, most importantly, the people of Northern Ireland. Such trust has been hard won and carefully fostered. It is vital to the long-term stability of the peace process Twenty years on from the agreement, the success of the peace process is evident in the fact that co-operation across the Irish border is multi-layered, complex and embedded in daily life on both sides. We know from the mapping exercise conducted by the EU with the British and Irish Governments that there are a reported 142 areas of north/south co-operation, ranging from services providing specialist autism and cancer care to those dealing with waste management and environmental protection. Are these amendments sufficient to protect all such areas? No, I fear they are not. They are rather grudging and minimalist, purporting to avoid a hard border but not actually guaranteeing that, and therefore the Government are in real danger of abandoning the very spirit of the Belfast agreement that they profess to protect—and, indeed, is contained in the Lords amendment Therefore, I say very seriously that there is nothing—nothing—more important in all the Government’s many duties and responsibilities, not least for the Brexit process, than maintaining peace and continued progress on the island of Ireland. Regretfully, I do not believe that the Commons amendments meet that task. Indeed, I fear they fall well short of that. Although I support what is before us this evening, I regret that the original subsection was not included, because that would have removed all the doubts that I otherwise have.