The Bill unilaterally sets aside significant provisions of the Northern Ireland protocol, an international agreement for which the Prime Minister was quite happy to take credit when he claimed in the 2019 election campaign that he would “get Brexit done”. The Foreign Secretary has said that the Bill is needed to protect the Good Friday agreement, but dismantling the protocol against the will of the majority of people in Northern Ireland also risks undermining that agreement. She said that the protocol needs cross-community consent. Indeed it does, but does she have consent from both communities for this Bill? I doubt it.
Scant consideration was given to the Province by Brexiteers before the referendum, nor was consideration given thereafter to the fact that the majority in Northern Ireland, as in Scotland, voted to remain in the EU. It is the UK’s exit from the EU, rather than the protocol, that has created the difficult situation for Northern Ireland. That was recognised by the then First Minister Arlene Foster when she demanded a special trading arrangement for Northern Ireland shortly after the referendum—a request for special treatment that she and her party now repudiate.
As my hon. Friend the Member for Gordon (Richard Thomson) has already highlighted, there were only three choices: a border on the island of Ireland; close alignment between UK and EU standards to reduce checks, including a veterinary agreement; or checks carried out at Northern Ireland ports. The return of
border infrastructure in Ireland was seen as an unacceptable threat to peace, but it was the Prime Minister’s choice of a hard Brexit with maximal divergence from the EU that inevitably left checks on Irish sea crossings as the only remaining option.
The issues posed by an Irish sea border were clearly highlighted in the Government’s own impact assessment, which undermines the claim of sudden necessity and means that the Prime Minister’s December 2019 claim that there would be
“no question of there being checks on goods going NI-GB or GB-NI”
was disingenuous, to say the least. The UK Government state that there is no need for checks, as current UK regulations are close to those of the EU; indeed they are, but the Government are proposing a bonfire of EU regulations and are already negotiating trade deals that would allow lower-standard foods and goods to be imported into the UK.
The Prime Minister cites economic failure and the outcome of the recent Northern Ireland elections as justification for tearing up the agreement, despite a clear majority of Assembly Members supporting the protocol in principle, and despite recent economic data showing Northern Ireland outperforming Great Britain. Business surveys by the Northern Ireland Chamber of Commerce and Industry show that two thirds of local businesses have now adapted to the protocol, and 70% claim that they see advantages in their dual position, which is something that the rest of us in the UK have lost.