The status of Northern Ireland in the United Kingdom derives initially from the Act of Union 1800, the sixth article of which provides that, in matters of trade and in treaties with foreign powers, the
“subjects of Ireland shall have same the privileges…as…subjects of Great Britain.”
The 1800 Act was augmented, as we know, by the Belfast/Good Friday agreement of 1998, which declares that
“it would be wrong to make any change in the status of Northern Ireland save with the consent of a majority of its people”.
As hon. Members have said today, the Belfast agreement is fundamental to the maintenance of peace in Northern Ireland, and preserves its constitutional status. The fact that the agreement is crucial is acknowledged in the Northern Ireland protocol, which says that the protocol
“is without prejudice to the provisions of the 1998 Agreement in respect of the constitutional status of Northern Ireland and the principle of consent”.
The essential point is that the protocol, which is part of an international treaty, explicitly acknowledges the primacy of the Belfast agreement—another international treaty.
The agreement, however, has been undermined by the protocol. It is absolutely clear that the arrangements set up by the protocol are having a detrimental impact on life in Northern Ireland and on the privileges of its people. As we have heard, there are burdensome checks on goods passing from Great Britain to Northern Ireland, and that has created a border in the Irish Sea between constituent parts of the United Kingdom, which cannot be acceptable.
As we heard from the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), people in Northern Ireland find it difficult to secure many goods that they have traditionally been able to purchase, and there has been a diversion of trade away from mainland Great Britain and towards the European Union. The disruption has also impacted the democratic institutions of Northern Ireland. The Assembly has not been reconstituted since the elections earlier this year, and the Executive remains suspended. This is a worrying and potentially dangerous state of affairs, especially given the sensitive political history of Northern Ireland.