If I may, I shall begin by commending my hon. Friend the Member for Harwich and North Essex (Sir Bernard Jenkin) for so ably introducing this very important debate and by agreeing with him that we should thank the Backbench Business Committee for finding valuable time for it, especially as our Prime Minister is now due to meet senior members of the Irish Government on these matters only next week.
As my hon. Friend the Member for Harwich and North Essex has pointed out, the Northern Ireland protocol contains a safeguarding clause in article 16 in the event that the protocol is not working as intended. Either party can activate article 16, in which case they then have to proceed under the provisions of annex 7. It should be remembered that the European Commission, not the UK Government, invoked article 16 on the evening of 29 January 2021. If the rumours were to be believed, Dublin was not even consulted about this action. Dublin found out from London, not from Brussels.
The supreme irony is that, in doing so, the European Commission, which took the decision, effectively sought to create a hard border on the island of Ireland for medicines and, crucially, vaccines, despite having sworn blind for three years, during what I describe as the battle for Brexit in this House, that that was absolutely the last thing that they ever wanted to do. I am sure that the Chairman of the Northern Ireland Affairs Committee, my hon. Friend the Member for North Dorset (Simon Hoare), who has helpfully reassured us this afternoon that he is not an apologist for the European Union, will be the first to acknowledge that.
Invoking article 16 in that way was, I think it is fair to say, widely derided as a mistake, and the European Commission withdrew it by the cold light of morning. The Commission was really doing it for internal reasons, because of, among other things, the slow roll-out of vaccines, unfortunately, on the continent; nevertheless, the fact that it did it, when it clearly should not have done, means that our Prime Minister is absolutely entitled, as he has said many times, to keep article 16 on the table if the European Commission refuses to be reasonable in renegotiating the Northern Ireland protocol, or even replacing it.
One thing, though, that all protagonists in this debate seem to agree about is their willingness and, in fact, strong desire to uphold the 1998 Good Friday agreement, which has indeed been crucial in bringing peace and stability to Northern Ireland for over two decades. It is fundamentally based on the principle of consent, as the leader of the Democratic Unionist party, the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), and his colleagues have reminded us, but it is now as plain as a pikestaff that the Northern Ireland protocol no longer enjoys the consent of the Unionist community in Northern Ireland.
If the House will not take that from me, it could take it from the new leader of the DUP, whom I wish all the best with his onerous responsibilities at this time. If the House will not take it from him, it could take it from the Nobel prize winner Lord Trimble, who has pointed out, importantly in this context also to audiences in the United States, who follow these matters closely, that the Northern Ireland protocol no longer enjoys the consent of the Unionist community in Northern Ireland. Very wisely, in my view, he has recommended a system of mutual enforcement as a far better alternative.