My Lords, I support my noble friend Lord Morrow’s amendment to the Motion. He has forensically analysed the Windsor Framework and the protocol, leaving one in no doubt that the documents are seriously, if not fatally, flawed. Although limited progress has been made, regrettably it is clear that many fundamental problems remain. As things stand, the Windsor Framework does not make substantive legal changes to the Northern Ireland protocol and the supremacy of EU law over many aspects of life in Northern Ireland.
This deal and the framework make only a few limited changes to the Northern Ireland protocol. The Windsor Framework and the withdrawal agreement itself do not permit any changes to “essential elements”. Claims have been made in the other place and in the media that these changes amount to substantive legal changes and it has been suggested that this is a brand-new structure. This is simply not correct.
Fundamentally, the root cause of the problems with the Northern Ireland protocol and these arrangements is the continued application of EU law in Northern Ireland, in particular that it covers all manufacturing of goods in Northern Ireland regardless of whether they are sold in the United Kingdom or to the European Union. The vast majority of all goods manufactured
in Northern Ireland—£65 billion out of the £77 billion of goods manufactured—is sold here in the United Kingdom.
The complex easings referred to in the Windsor Framework are limited in number. They will not directly help small or medium-sized traders and in no way do they resemble a “green lane” in which it is claimed— I stress that word—that burdensome checks would no longer be required. These very limited easings are not available to all businesses. The schemes will remain incredibly complex and, crucially, the EU would retain the right unilaterally to withdraw its trusted trader system underpinning the so-called green lanes. To date, very little progress has been made and there remains a long way to travel.
No evidence has been supplied that the 1,700 pages of EU law have been disapplied. As we have heard from my noble friend Lord Morrow, Northern Ireland will continue to remain subject to the power and control of EU law, the ECJ and the European Commission on EU single-market laws governing the manufacturing and sale of goods in Northern Ireland. No evidence points to one EU single-market law being removed from Northern Ireland. Can the Minister publish a list of the laws that have been removed?
The Stormont brake is not a brake in any true sense of the word. It applies only to future changes to EU law and provides no right to change any part of the existing EU laws imposed on Northern Ireland manufacturers under the Northern Ireland protocol. It is of very limited application in theory and is likely to be unworkable in practice. I cannot envisage a scenario where a British Government would seek to apply it if it meant retaliatory action from the EU.
Governance in Northern Ireland must operate on the basis of cross-community consensus. As has remained the case throughout this process, there remains no consent within unionism for additional tariffs and barriers being implemented between Northern Ireland and the rest of the United Kingdom. There remains no consent for any arrangements that will see further EU regulations cause Northern Ireland to diverge from Great Britain on a range of issues. Continued divergence and regulatory differences will continue to create new hurdles and new sets of everyday problems for producers and manufacturers in Northern Ireland.
In the text of the Windsor Framework, the rights of the people of Northern Ireland under the Act of Union 1800 have not been restored. The Windsor Framework has therefore failed a key test: to legally restore the constitutional integrity of the United Kingdom. Unlike the rest of Great Britain, Northern Ireland will remain subject to the power and control of EU law. The people of Northern Ireland will have no ability to vote to change or remove the body of EU laws that applies to them under the Northern Ireland protocol, whereas in Great Britain, and in this Parliament, decision-makers will have the ability and the power to change or remove retained EU laws. If Northern Ireland citizens and businesses are to be treated as equal to our fellow Britons elsewhere in the United Kingdom, the integrity of the UK internal market must be restored.
It is quite clear that the Windsor Framework document does not provide the answer to solve this. Regrettably, we are a long way from this being acceptable to a large proportion of the population of Northern Ireland. Indeed, unless the necessary legal changes are made, and the integrity of the UK and its single market is restored, this will remain unacceptable to the vast majority of those who label themselves as unionists.
Like my noble friend Lord Morrow, I want to see Stormont restored. However, the institutions at Stormont cannot work without the restoration of the delicate political balance negotiated over many years. This will not be achieved by arrangements that do not respect Northern Ireland’s place within the internal market of the United Kingdom. I am sure noble Lords will agree that the best outcome is for Stormont to get back up and running. My party is committed to doing that, and to continuing to work with the Minister and the Government, but that work has to be about delivering on the commitment given to protect Northern Ireland’s place within the United Kingdom. Northern Ireland’s constitutional arrangements must be respected. I regret that we are not at that point yet, and therefore I support the amendment before your Lordships’ House.