It is with some regret that I rise to speak on clauses 41 to 45. May I just say to the Minister that the overall intention of the Bill—of ensuring a functioning internal market within the United Kingdom—is absolutely right? I believe passionately in the integrity of the United Kingdom. It is not just a belief; I think it is good for the prosperity of all parts of the United Kingdom.
Today, we are focusing on the parts of the Bill that relate to the Northern Ireland protocol, part of the withdrawal agreement—the withdrawal agreement that was signed by my right hon. Friend the Prime Minister less than a year ago. I can say to the Minister that, in my view, clauses 41 to 45 have no place in this Bill. We are told that they are there because the EU either is acting in bad faith, or might act in bad faith. This is because the withdrawal agreement put a border down the Irish sea and the Government cannot accept that—but the Government did accept that when they signed the withdrawal agreement with the European Union, and I assume that, when they did so, the Government signed that in good faith. Yet here we have clauses 41 to 45 saying that the Government should have the ability to renege on parts of the withdrawal agreement to break international law.
There are three reasons why I believe that these clauses have no place in the Bill. The first, which has been referred to in earlier interventions, is that it is unnecessary. There is an arbitration process available. Under article 175, the ruling of the arbitration panel should be binding on the UK and the EU. The Government have acknowledged the existence of the arbitration procedure, but they are saying that they would enter into that in parallel with the operation of the elements of this Bill. The message, it seems to me, is very clear, which is, if we do not like the outcome of the arbitration panel, then we will break international law and we will not accept it. Yet, again, that is breaking the international treaty—an agreement that UK Government signed—because it is breaking article 175, which says that the view of the arbitration panel shall be “binding” on both parties. However, there is not just an arbitration process available. As the right hon. Member for Leeds Central (Hilary Benn) referred to, article 16 says:
“If the application of this Protocol leads to serious economic, societal or environmental difficulties that are liable to persist, or to diversion of trade, the Union or the United Kingdom may unilaterally take appropriate safeguard measures.”
Clauses 41 to 45 are not necessary.
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Beyond that issue, there is the question of the impact of these clauses and the Government’s decision on the operation of the Belfast/Good Friday agreement. I believe that the Government’s willingness unilaterally to abandon an international agreement or parts of an international agreement they have signed and their willingness to renege on an agreement they have signed will lead, as has already been made clear in an intervention, to some questioning the willingness of the Government to fully uphold the measures in the Belfast/Good Friday agreement. That, in turn, will lead to some communities having less willingness to trust the United Kingdom
Government, and that could have a consequence on the willingness of people in Northern Ireland to remain part of the United Kingdom. So far from acting to reinforce the integrity of the United Kingdom in pursuit of trying to appear to be tough to the European Union, I think the Government are putting the integrity of the United Kingdom at risk.
These reasons alone should I think be sufficient for the Government to abandon these clauses, but perhaps the most compelling reason is my third, which is this Government’s wish to break international law and taking the powers to do so. As the Law Society and the Bar Council have said:
“These provisions enable Ministers to derogate from the obligations of the United Kingdom under international law in broad and comprehensive terms and prohibit public bodies from compliance with such obligations. They represent a direct challenge to the rule of law, which include the country’s obligations under public international law.”
I cannot emphasise enough how concerned I am that a Conservative Government are willing to go back on their word, to break an international agreement signed in good faith and to break international law.