Northern Ireland Protocol

(Urgent Question): To ask the Secretary of State for Northern Ireland if he will make a statement on the Government’s unilateral action on the Northern Ireland protocol.

The Government are committed to giving effect to the protocol in a pragmatic and proportionate way, one that is needed. We will continue to work with colleagues in Westminster, with the Northern Ireland Executive and with businesses to support our sensible approach.

As I announced last Wednesday in this House, the Government have taken several temporary operational steps to avoid disruptive cliff edges as engagement with the EU continues through the Joint Committee. These steps recognise that appropriate time must be provided for businesses to implement new requirements, and that action was needed in the immediate term to avoid any disruption to flows of critical goods, such as food supplies, into Northern Ireland. Since that statement, further guidance has been provided, including on parcel movements.

The protocol was agreed as a unique solution to the complex challenges that are before us. Its core aims include upholding the Belfast/Good Friday agreement in all its dimensions, north-south and east-west, and ensuring that the implementation of the protocol can be given effect in a way that minimises the impact on the everyday lives of communities in Northern Ireland, as the protocol itself pledges. The Government remain committed to meeting our obligations, and doing so in the pragmatic and proportionate way that was always intended.

Thank you, Mr Speaker, for granting this urgent question. In recent weeks, we have seen the threat of instability return to Northern Ireland. Without responsible leadership, the Brexit deal that the Prime Minister negotiated always had the potential to unsettle the delicate balance of identities across these islands. It was only on 24 February that the Chancellor of the Duchy of Lancaster said that we are committed to jointly finding solutions

“to make the Protocol work”.

Just seven days later, the Secretary of State unilaterally undermined that commitment, sending a clear message that the Government’s word cannot be trusted, which raises serious questions about whether the Government have a strategy at all to deal with the complex realities facing Northern Ireland.

Provocation is not a strategy, and a stop gap is not a solution, so what precisely is the Government’s intention? Is it to push the protocol to breaking point, and undermine the cast-iron commitment to avoid a hard border on the island of Ireland, or is it to find the solutions that businesses are crying out for? If it is the latter, can the Secretary of State give us something tangible? What kind of agreement is being sought, for instance, on common veterinary standards that would deliver the long-term solutions needed to prevent disruption? Does he think that the Irish Government saying that we are no longer a partner that can be trusted will make such solutions more likely or less? Does he think that the behaviour of Lord Frost will make desperately needed flexibility from the EU more likely or less? Does he think that that approach will make the chances of a successful relationship with President Biden more likely or less?

Will the Secretary of State confirm whether the actions taken last week breach international law for a second time? This is an extraordinary position for the Government to be in: having to break the law and trash Britain’s international reputation to remove checks that they claimed never existed. Is it not now time to show responsibility to the people of Northern Ireland, be honest about the consequences of the Brexit deal that the Prime Minister negotiated, and commit to working with the EU to find the long-term solutions that we desperately need?

I note from the hon. Lady’s comments that, from memory, she did not at any point disagree with the substance of any of the measures that we have brought forward, which are critical to protecting the flow of goods in Northern Ireland, so I assume that she inherently supports what we have done. She will be in good company, because the actions that we took last week have been backed by a range of businesses and the communities in Northern Ireland. The Northern Ireland Retail Consortium itself said:

“The retail industry welcomes the extension of the grace periods…even if it is unilaterally, to allow us to continue to give Northern Ireland households the choice and affordability they need.”

That sentiment has been echoed by many others, who have said that the action was needed in relation to the immediate grace period deadlines.

I have spent a lot of time over the last few months, and certainly in the last couple of weeks, for obvious reasons, talking to businesses that were very clear that, had we not taken that action last week, we would have seen disruption to food supplies in literally the next couple of weeks. Underlying the point that the hon. Lady made in her opening comments about stability is the fact that it was important for stability for people in Northern Ireland, and for the future of the protocol, for us not to be in a situation where, because of the way things were being implemented, we would have had empty shelves again, potentially in just a couple of weeks’ time. I am sad that she was almost arguing that that could be acceptable. It simply is not.

In terms of the hon. Lady’s questions on the action that we have taken, the measures that I announced last Wednesday are lawful. They are consistent with a progressive and good faith implementation of the protocol. They are temporary operational easements, introduced where additional delivery time is needed. They do not change our legal obligations set out in the protocol, and we will continue to discuss protocol implementation in the Joint Committee. Some of the issues that she has raised are those that we are working in through the Joint Committee.

We go now to the Chair of the Select Committee on Northern Ireland Affairs, Simon Hoare.

Thank you, Mr Speaker. May I say to my right hon. Friend that it is not the what but the how? The Government did not reluctantly inherit the protocol; they authored it jointly with the EU, with all its modus operandi. Do the Government understand the very destabilising effect on trust that such unilateral action has in both UK-EU relations and in UK-Irish relations? May I urge the Government to desist the narrative of unilateral action and debate, to get back around the Joint Committee table and to make sure that the protocol works, that everybody understands that it is here to stay, and that it can benefit very significantly the people, the economy and the communities of Northern Ireland?

As I said, the protocol was agreed as a unique solution to complex and unique challenges, recognising the unique situation of Northern Ireland, but we wanted to work these things through in agreement with the EU. The reality is that the EU had not come to an agreement on these matters. As we see these decisions go through, I hope it will be seen that they are pragmatic, operational and temporary. Just a few weeks ago, we saw the Irish Government implement temporary flexibilities very similar to what we are talking about, without giving an end date and without anyone criticising or challenging them.

We want to continue to work with the EU. We recognise that of course the EU’s focus is on the single market. We have to make sure our focus is always clearly on our commitment to the Good Friday/Belfast agreement, which is not just north-south but east-west as well.

We go to the Scottish National party spokesperson, Richard Thomson.

Thank you, Mr Speaker. I echo the words of the Select Committee Chair: it is not the publicly stated objective of protecting the flow of goods that is at issue here; rather, it is the provocative and belligerent manner in which the Government seem to be determined to go about trying to achieve that.

The Chancellor of the Duchy of Lancaster said previously that he believed Northern Ireland was getting

“the best of both worlds”

through the protocol, and that any issues arising from the new arrangements could be resolved within the terms of that protocol, without needing to trigger the article 16 procedure. At a time when flexibility is needed, this action will ensure that the good will towards the UK Government that is needed to secure changes to the arrangement they took so long to negotiate is in shorter supply than ever before. The conduct of the Brexit negotiations came at the expense of the UK’s reputation for political stability and good governance. Is not this latest development one which will come at the expense of any lingering trust there may be in the UK Government as a trustworthy international partner, who can be relied upon to keep their word?

We are a trustworthy partner and have always been clear about what we would do and the reasoning for what we are doing. Rather like the Irish Government did a few weeks ago when they took sensible flexibilities, we have taken flexibilities. We have given a timeline for them; they are temporary, operational and the right thing to do for the people of Northern Ireland.

Returning to the point made by the hon. Member for Sheffield, Heeley (Louise Haigh) about stability in Northern Ireland, it is undoubtedly the case—it can be seen in any engagement in Northern Ireland across the entire community—that the action the EU took when it talked about and actually started to implement article 16 on that Friday night had a huge impact on communities across Northern Ireland, and the issue still lingers. We need to recognise and understand people’s sense of identity in Northern Ireland, the impact on it and the tension created by that action.

Our actions were about making sure that we did not have a further problem, which could well have occurred in the next couple of weeks. According to the businesses we have been dealing with, if we had not taken action urgently last week, there would have been empty shelves in Northern Ireland. That is not what the protocol is about and it is not fair to the people of Northern Ireland.

I share the Minister’s determination to protect the integrity of the Good Friday/Belfast agreement in terms of both north-south and east-west. The EU’s decision in January to invoke article 16 was in complete contradiction of the spirit of the protocol. Shamefully placing the EU’s protection of its single market over the protection of the Good Friday agreement seriously undermined cross-community confidence of its operation. Does the Secretary of State agree that it is now incumbent on the EU to remedy its mistake and restore trust in the protocol in Northern Ireland?

My hon. Friend makes a very important and powerful point. He is quite right that it is important we remember that the Good Friday/Belfast agreement is about the entire community: it has a north-south and an east-west dimension, and people need to understand that.

I was very pleased that the EU Vice-President agreed to meet with businesses and civic society. We hear, from across communities and across businesses, their concerns and fears about the actions that have been taken and the fixes they need to see in the protocol, some of which the hon. Member for Sheffield, Heeley asked us to get on with and do quickly just a couple of weeks ago. That is what we have done, for the best interests of the people of Northern Ireland and to ensure that the protocol can work and function as it was always designed and intended to do.

We welcome and support even the limited measures that the Government have taken to protect businesses in Northern Ireland, but even an extended grace period still leaves us with a reality that, in the words of the permanent secretary of the Department of Agriculture, Environment and Rural Affairs, 20% of all the checks taking place on all borders across the European Union are now taking place in the Irish sea. That will increase substantially beyond the grace period, so we need a permanent solution to this problem—the sooner, the better.

The right hon. Gentleman makes an important point. I send my best wishes to his colleague, Minister Poots, who is now returning to work after his recent illness, which is really good news.

The right hon. Gentleman has highlighted the practical impact of some of these things, and the importance of our getting solutions to ensure a good, flexible flow of goods, as we have always outlined was our vision, going back to our Command Paper last year. That is why it is important that we continue the conversations, and I encourage the EU to go further with those with civic society and business organisations in Northern Ireland, which it promised to do. We are keen to see the EU engage further, which I hope it will do shortly to understand the needs and the flexibilities that are practical, both for Northern Ireland and, ultimately, the wider EU as well.

Could my right hon. Friend explain to the European Union that we are perhaps more committed to the Good Friday agreement and the avoidance of new infrastructure on the border between north and south than it has so far demonstrated itself to be, and that the idea that the Northern Ireland protocol is a work of such perfection that it is beyond improvement is a myth? Can he ask them also to explain why the sale of English sausages in Northern Ireland is somehow a threat to the integrity of the EU single market, or to the Good Friday agreement?

My hon. Friend makes a really important point, and I am determined, as the Prime Minister is, to ensure that the great British banger—the great Norfolk sausage—will continue to be enjoyed by those who wish to do so across the counties of Northern Ireland in perpetuity. However, it is important—this is why the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) was absolutely right—that we use these grace periods to get long-term solutions.

My hon. Friend is also absolutely right that our commitment to the Good Friday/Belfast agreement is steadfast. That is why all the actions we have taken, both last year and recently, have been about ensuring that we do not have borders, and that we respect the north-south and east-west dimensions. There is another important point here, which I hope has come through in the conversations we have been able to organise with Vice-President Šefčovič recently: it is important to understand the effect on the sense of identity that people in the Unionist community in Northern Ireland have. After the actions of that Friday a few weeks ago, it is important to repair that.

It really is a new experience to be lectured by the European Research Group about the Good Friday agreement. Last week, the Secretary of State rushed out—sneaked out—an announcement unilaterally on Budget day that his Government would once again break international law. Given that Governments across Europe and politicians on Capitol Hill and in the White House are furious about this move, is the Secretary of State at all concerned that this Government’s reputation is in tatters across the world?