My Lords, we are in the position of Part 5 having to be brought forward because of the contents of the Northern Ireland protocol. We find ourselves in a very unfortunate position. Unionists in Northern Ireland do not find much comfort in some of the clauses in Part 5, particularly the clauses about preventing reach back in relation to the application of state aid rules for Great Britain but nevertheless allowing Northern Ireland to be subject to EU state aid rules, which could cause considerable problems going forward for the competitive position of businesses in Northern Ireland with businesses in the rest of the United Kingdom.
The protocol is at the root of the problem. The noble Lord, Lord Empey, referred to this. The protocol was opposed by us on these Benches because it differentiated between Northern Ireland and the rest of the United Kingdom as we left the European Union and we were always promised that we would leave as one United Kingdom. I have to correct the noble Lord on one thing: he has today and on previous occasions sought to lay some responsibility for this sad situation at the feet of the DUP. Of course, he will know that on 2 October last year—it is worth correcting the record since the assertion has been made—when the Prime Minister sent his proposals to Jean-Claude Juncker, one of the five principles, the elements that the Prime Minister set out, was that any potential all-Ireland regulatory zone on the island of Ireland could happen only if the Northern Ireland Executive and Assembly had the opportunity to endorse those arrangements before they entered into force and every four years afterwards. If consent was not secured, the arrangements would lapse, and it was on that basis,
with the security of a lock in the Northern Ireland Assembly, as was agreed in the joint report of the EU and the United Kingdom of December 2017, that we gave a cautious welcome. When the Prime Minister jettisoned that democratic consent principle—and the Government have indeed jettisoned the principle of giving the Northern Ireland Assembly and Executive the right to say that this should come into force in Northern Ireland—we made it clear that we would not support the Government in that. I think it is important to correct the record and lay the responsibility where it truly lies.
On Clauses 43 and 44, we have heard many eloquent speeches tonight, but I speak as one who represented the city of Belfast for more than 35 years. It is a very diverse constituency. Whether a business is owned or run by someone from a unionist family or a nationalist family or indeed of no particular political persuasion, they are all interested in trying to make their company work, be prosperous, employ people and contribute to the economy. They are all united on the fact that it would be disastrous to have checks between Northern Ireland and the rest of the United Kingdom to fetter trade unnecessarily as they would add to costs. More than £8 billion-worth of trade goes from Northern Ireland to Great Britain and from Great Britain to Northern Ireland every year. This is an immense amount of trade. Almost 60% of all trade in Northern Ireland is done with the rest of the United Kingdom.
We talk about grand philosophical and legal principles, and I understand all that, but this is not a unique situation for any country to find itself in. To hear some noble Lords, one would think that this is the only country that has ever decided to step away from an international obligation in the interests of its own sovereignty, its own interests and the interests of its citizens. That is not the case by far. None of that has been referenced, although to go to into all that is perhaps more appropriate for a Second Reading speech than the debate on these clauses. However, it is important to remember the reality of the economic position that many companies in Northern Ireland and the people who are employed by those companies will find themselves in if sensible arrangements are not made to recognise that Northern Ireland is a full member of the customs union of the United Kingdom.
We must remember that the Government and the EU made commitments in this regard. I referred earlier to the joint report agreed between the United Kingdom Government and the EU back in December 2017, which allowed the negotiations to move on to the next stage at that point. Paragraph 50, which the EU agreed to, states:
“In the absence of agreed solutions … the United Kingdom will ensure that no new regulatory barriers develop between Northern Ireland and the rest of the United Kingdom, unless”—
this is the point I made earlier—
“consistent with the 1998 Agreement”—
they would uphold the agreement, so let us listen carefully—
“the Northern Ireland Executive and Assembly agree that distinct arrangements are appropriate for Northern Ireland. In all circumstances”—
it is important for noble Lords to remember this—
“the United Kingdom will continue to ensure the same unfettered access for Northern Ireland’s businesses to the whole of the United Kingdom internal market.”
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We want to hold people to their commitments and agreements. It is very important that we look at all of it in the round, and that we look at the commitments given to all the people of Northern Ireland. Recently, we have talked about the stability of devolution. We have gone through a very difficult period where for three years we did not have the Executive up and running in Northern Ireland. We got it back up and running in January this year. The New Decade, New Approach agreement meant that that the Executive and Assembly could get up and running again. Thank goodness they did, given the current situation we find ourselves in, grappling with unprecedented challenges.
What does that NDNA say? It was the basis on which the parties restored devolution. On page 47, at paragraph 10 it says:
“The Government welcomes the consensus reached by all the parties recently on the protections they wish to see for trade between Northern Ireland and Great Britain under the Protocol. The Government is absolutely committed to ensuring that Northern Ireland remains an integral part of the UK internal market, in line with the clear guarantee in the Protocol that Northern Ireland remains in the customs territory of the United Kingdom. To address the issues raised by the parties—
plural: it is not just the unionist parties—
“we will legislate to guarantee unfettered access for Northern Ireland’s businesses to the whole of the UK internal market, and ensure that this legislation is in force for 1 January 2021.”
That was signed in January this year after the Northern Ireland protocol was agreed—indeed, after the general election.
It is very easy to look at the Belfast agreement and say that it is all about maintaining no border on the island of Ireland. I agree with no border for customs. My father was a customs officer for many years on the border. After serving in the Army, that is what he did. I know what it is like. I remember as a child going out to those customs posts and watching what happened. The United Kingdom Government have never suggested, nor has any party in the Northern Ireland Assembly, any kind of infrastructure or border controls north/south. Equally, we have been at pains to say that, just as it is unacceptable to nationalists to have that border on the island of Ireland, it is equally unacceptable to create barriers between Northern Ireland and the rest of the United Kingdom.
That is why we feel strongly that some of the emphasis on the Belfast agreement in this House and other places has erred somewhat to emphasise one side of the situation. Many unionists in Northern Ireland feel deeply frustrated and angry tonight about the way in which it is okay to have a free border north/south but you can do whatever you like east/west. We must come to sensible, pragmatic arrangements. The Belfast agreement and the St Andrews agreement, which was negotiated by our party and Sinn Féin, are important to Northern Ireland. They must be implemented in a balanced way.
As I close, I appeal to noble Lords to take into account previous commitments, pledges, promises and agreements, from the EU itself and Her Majesty’s
Government, made before and after the Northern Ireland protocol was introduced. Let us please have balance with regard to the need to ensure that unionists as well as nationalists and those of no political affiliation are comfortable with the arrangements that come into force after the transition period ends.