My Lords, I had not intended to speak in this debate, but I think it is important to follow the lead of the noble and learned Baroness, Lady Butler-Sloss, and examine the wider context. Incidentally, I strongly support the views of the DUP, which is a credit to the people for whom it speaks. I particularly note the comprehensive and detailed evidence it presented to the Secondary Legislation Scrutiny Committee, which I have read but not necessarily inwardly digested.
Noble Lords might know that I served for a year or so as special adviser to the then Secretary of State for Exiting the EU. I knew more than I could possibly have wanted to know about phytosanitary issues. We have to look at the wider context here: this is about not just the de jure decision of the UK as a whole to leave the EU but the de facto bifurcation of a sovereign country. It is not just about granular and technical issues relating to groceries and agricultural goods; it is about the fundamental right of a group of people to elect and dismiss representatives who are accountable to their electors.
The wider issue is quite obvious to those of us who have followed the European Union’s behaviour. Incidentally, the wider context of the Windsor Framework specifically is that the EU was effectively in breach of the TCA because it used the non-agreement of the Windsor Framework as a means to prevent the UK securing a deal on the successor to Horizon Europe. That was blackmail, frankly—but we should not be surprised by that because Martin Selmayr, who was chief of staff to Jean-Claude Juncker, stated way back in 2016 that the strategic geopolitical interests of the European Union were in making Brexit as difficult as possible for the United Kingdom and making sure that the United Kingdom of Great Britain and Northern Ireland did not have a long-term economic advantage over the EU. So it was always the case that it would weaponise Northern Ireland to cause as much difficulty as possible. That is the wider issue. In fairness, I agree that Tony Blair and John Major warned of these
potential difficulties—although they were coming at the issue from a different angle, in opposing the Brexit vote.
I am not surprised about the passion of my noble friends in the DUP because this is a fundamental issue about the governance of our country, and we would not nonchalantly seek not to debate a similar proposal if it were about Devon, Surrey, Northumberland or Birmingham. Why should we effectively treat our citizens in Northern Ireland, who have decided to remain part of this sovereign nation, in a different and less advantageous way? For that reason, I welcome the regret Motion from the noble Baroness, Lady Hoey.
It is important to note, as I did earlier, that proposals that would have solved this issue were put forward. If noble Lords remember, there was the Malthouse compromise, a backstop and the Karlsson report on smart borders 2.0 and 2.1, which the noble Baroness, Lady Foster, referenced. There were opportunities to leverage technologies, such as CCTV, warehousing away from the border and trusted trader schemes, in order for there to be a mutually beneficial trading relationship that would not bring a hard border back or threaten the integrity and viability of the Good Friday agreement. But these were dismissed by the EU and, through Messrs Varadkar and Coveney exerting pressure day by day and week by week on a weak Government without a majority—the May Government—their position was allowed to succeed. We missed that opportunity. This gentleman is not some esoteric policy wonk; he was in charge of the customs of Sweden and did work all over the world, including the Middle East. He had great expertise and offered it to the Commission and the British Government. As I mentioned, he produced a comprehensive and practical report to the appropriate committee of the European Union, but it was dismissed.
For those reasons, I believe it is important that we continue to debate the Windsor Framework in the future because this issue is much more fundamental than the minutiae of trade, HGV movements and other issues—though they are important, as noble Lords have said. If this is pressed to a vote, I am afraid that, for the first occasion in this House, I will support the regret Motion from the noble Baroness, Lady Hoey.