My Lords, it is a pleasure to follow the noble Baroness, Lady D’Souza, as I concur with a lot of her views
expressed here. I also offer my congratulations and best wishes to the noble Baroness, Lady Hayman, and the noble Lord, Lord Sarfraz, on making their maiden speeches. I look forward to working with them. I will concentrate on Part 5 of the Bill, because I believe that it is totally unnecessary and very damaging. I refer to the bits that deal with trade between Britain and Northern Ireland and the Northern Ireland protocol.
When the Conservative Party jettisoned Theresa May’s proposals and decided that “getting Brexit done” meant leaving the EU customs union, a formal border between the EU and the UK became inevitable. As regards Ireland, this interface could be located only along the north-south border on the island of Ireland or at UK ports, effectively a border in the Irish Sea. In signing the withdrawal agreement and the Northern Ireland protocol, the Government chose the Irish Sea, despite much rhetoric to the contrary. The noble and learned Lord, Lord Clarke of Nottingham, made this point earlier in this debate. In the process, the Government managed to set the nationalist and unionist communities against each other and undermine relations with Dublin by leaving the possibility of a hard border on the island of Ireland on the table for so long—the very issue which the Northern Ireland protocol sought to provide for and ensure did not happen.
Let me be clear that while all Irish nationalists—I am one myself—as well as the EU and others, opposed customs infrastructure on the north-south border and were concerned about the damage it would do to our historic settlement, no nationalists want a hard border in the Irish Sea. I share many of the concerns of my unionist colleagues in Northern Ireland and want to see minimal friction on goods travelling from Britain to Northern Ireland. I also want to see unfettered access to the GB market for Northern Ireland businesses. This should not be a cause of division. No one on the island of Ireland, north or south, wants heavy bureaucracy around trade with Great Britain.
The way to maximise the possibility of this highly desirable outcome is to sign a zero-tariff, comprehensive trade agreement with the EU. This is achievable, and I would like the Minister to comment on it in his winding-up. Instead, we have the internal market Bill, which, under Clauses 44, 45 and 47, proposes to empower UK Ministers to breach their legal obligations under the protocol and which reopens, dangerously, the whole political argument. I am totally opposed to this and I will vote tomorrow for the amendment to the Motion in the name of the noble and learned Lord, Lord Judge.
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