UK Parliament / Open data

Northern Ireland Protocol

No, I am not giving way, and he should not heckle. He should behave in this House; he has been here long enough.

How much sooner could this new framework have been agreed if the time and energy put into the Northern Ireland Protocol Bill had been put into negotiating the framework? The outline of a deal has been clear for months. Business organisations have been crying out for certainty for even longer, not only because of short-term stock issues or the burdens of additional paperwork but because the uncertainty was creating systemic problems on the ground. A lack of clarity on trade terms, both within the UK internal market and with the EU, was extremely challenging to those seeking to attract investment into Northern Ireland’s economy.

As the detail of the agreement is examined, debated and challenged, we urge the Prime Minister to be honest about the compromises that have had to be reached —compromises made in the best interests of Northern Ireland and the UK as a whole.

When arguing against the protocol, a key issue raised by the DUP, as we heard in yesterday’s debate on the Northern Ireland executive formation Bill, is the democratic deficit caused by the protocol. Those concerns must be understood but, as my noble friend Lord Murphy of Torfaen, who has considerable experience on this issue, asked the House yesterday, is there not a bigger democratic deficit in the people of Northern Ireland not having a functioning Assembly or Executive? Crucial decisions are either not being taken or being taken by civil servants rather than Ministers. Meanwhile, the people of Northern Ireland are not being served properly in the face of a cost of living crisis affecting the entire UK. If we are making the case that the Good Friday agreement is undermined by the protocol, we must understand that the absence of those political and related institutions is also breaching the agreement.

The tone of DUP leader Jeffrey Donaldson’s comments yesterday, when he said he would examine the detail of the new framework, is welcome, as is the Prime Minister’s

commitment to giving Northern Ireland’s political parties the time and space for their own deliberations and to address any points raised. This new agreement should provide a path through the political stalemate and towards the restoration of power-sharing, even if that is not immediate. In this 25th anniversary year of the Good Friday agreement, I hope we can move forward in a spirit of co-operation rather than seeking more negotiations.

The Windsor Framework will not in isolation solve all Northern Ireland’s problems, nor completely reset the UK’s relationship with the EU. Beyond the protocol, the Government are pressing ahead with the revocation of vast swathes of retained EU law at the end of this year. Such a step would likely have implications for the trade and co-operation agreement, which relies on minimum standards in several areas. We accept that the Government want a framework for replacing retained EU law and that we need to establish the future status of laws carried over from our time in the European Union.

However, having sought the Windsor Framework to provide certainty for businesses in Northern Ireland, it is counterintuitive to create uncertainty for businesses across the whole UK by introducing a regulatory cliff edge at the end of this year. Surely it is illogical, impractical and reckless to allow potentially important pieces of law to fall off the statute book by default because a department lacks the capacity to identify and rewrite them in the next 10 months. Perhaps the Leader can help me on this. Was it discussed with the Commission President yesterday? Can he now look again at our common-sense and pragmatic approach to review the process of existing retained law?

In conclusion, this important deal may not be perfect, but it represents a significant step forward. In welcoming it, we should pause for a moment to consider the wider context. For the past six and a half years, the at times toxic debate around Brexit, both in Parliament and in the wider country, has cast a shadow over our politics and civic debate. One of the worst aspects has been that the expression of any doubt about the process, let alone the outcome, has generated abuse and false accusations of not respecting the referendum. At the very outset of our debates, I said that the process and delivery of Brexit should not be led by those who had no doubt, because it is through doubt that we have challenge. It is through challenge that we have scrutiny and through scrutiny that we get better decisions and better legislation. The Prime Minister’s Statement is an admission that the Government made mistakes in negotiating and signing the protocol, and that there was a lack of honesty. We welcome today’s Statement. As we move forward, this should be an opportunity to reset our politics.

Type
Proceeding contribution
Reference
828 cc145-6 
Session
2022-23
Chamber / Committee
House of Lords chamber
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