I am grateful and will try not to repeat myself and go over the discussion we have just had. The issue with trying to amend this Bill is that our concerns are fundamental and political, rather than about wording or drafting. We object to the very approach the Government are taking, so it is quite difficult to think of how to amend and improve it to get to a place where we could find ourselves supporting it.
It is not universal, but we have heard that many noble Lords—I would venture to say a significant proportion of the House—fundamentally disagree with the approach that the Government have adopted. They believe that it breaches international law and harms us diplomatically, not just with the EU but beyond—globally. They think it is an abuse of ministerial power and see it as detrimental to our and the Government’s stated ambition for a negotiated settlement. We have attempted to find ways to amend the Bill to answer these concerns, but we have not managed to do that successfully. In this group, noble Lords will see Amendments 1, 6 and 70 in my name, and other amendments, which place conditions on the implementation of the Bill.
I have not heard anybody argue that the Northern Ireland protocol should not be improved, amended, or implemented differently. However you want to describe it, there clearly are problems. We take them very seriously,
accept that they exist, and do not hold the position that nothing should change. We have listened incredibly carefully and repeatedly to the voices of businesses and elected politicians in Northern Ireland, and we agree that change is needed. However, as we have said previously—and will now be clear to the Minister—we want a negotiated outcome, not unilateral action.
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Essentially, Amendment 70 prevents the implementation of the Bill unless the Government have failed to reach a negotiated settlement and have exhausted legal routes. To many, this would seem blindingly obvious: why would a sane Government initiate a process that could result in retaliatory action without going through the available legal process first, a process that—as many others have reminded us today—the Government negotiated relatively recently? The UK economy does not need any further trade friction with the EU, and we should seek a calm, constructive relationship. That means sticking to the agreements that we make. When they are not working—we accept the protocol is not working as it should—then we negotiate a solution.
It should be clear that we do not encourage the use of Article 16. However, it is preferable to the approach represented by the Bill, and it has the benefit of being legal. We should also understand what Article 16 is. It has been suggested that the conditions for triggering Article 16 had been met. It is a formal legal process. It would be unfortunate were it to be needed, but it just starts a period of formal negotiation. We should not need to do that. We should be able to negotiate without it, but that is what it is. If that is what the Government need to get a resolution, that is the process that they should prefer before they go about enacting this piece of legislation. Article 16 would be a mark of failure, but not nearly as profound a failure as the passage of the Bill.
I have added my name to amendments tabled by the noble Baroness, Lady McIntosh, and support amendments tabled by the noble Lord, Lord Purvis of Tweed, and the noble Baroness, Lady Ludford, requiring the Government to report to Parliament on the progress of negotiations. This is a sensible ask that would assist us in our consideration of the Bill. The Minister may argue that the Bill is helpful to negotiations. I have heard others say—not today but previously—that it has brought the EU to the table, but I just do not buy it. Ministers will have to forgive us if we have somehow lost a little faith in this Government’s negotiating capacity and their ability to land a good deal given the shambles we have seen in recent years. It is impossible to accept when there are no statements to this House on progress. We seem to get, “Yes, we are talking and things are going okay”, but the information I get is that actually nothing of substance is being done.
I regret the way that genuine issues with the protocol seem to have been co-opted by some in the Government in their search for—almost—a wedge issue. I have taken part in many debates about Northern Ireland in relation to Brexit over the years, and we have worked so hard to never divide the governing party on anything to do with Northern Ireland. We have been tempted to. It was certainly possible to in the 2017-19 Parliament, but we never did because we thought that it would not
be in the interests of Northern Ireland or the United Kingdom. We thought it would be irresponsible. That is a position I am proud of and one that we would maintain.
It is disappointing that we find ourselves where we do today. There is not a need for this. Surely agreement is possible. I do not really know why Ministers are here doing this, when they should be in Northern Ireland or Brussels, talking to our EU partners and finding a resolution. Surely, this Bill or no, the only solution that will stick and last will be a negotiated one. We all know that, so I do not understand why there is not the grip, focus, determination, political leadership, buy-in and presence in the negotiations that is surely needed to reach a solution. With that, I beg to move.