Northern Ireland Protocol: EU Negotiations

As the House will be aware, I have previously exercised my discretion regarding the sub judice resolution to allow references to the Northern Ireland protocol on the grounds of national importance. Although there are relevant live legal proceedings, I am further exercising that discretion today in relation to the urgent question.

To ask the Minister for the Cabinet Office if he will make a statement on the Northern Ireland protocol and negotiations with the European Union.

Let me begin by reaffirming the Government’s commitment to keeping both Houses of Parliament updated on the UK-EU relationship. We remain committed to doing just that. My right hon. and noble Friend Lord Frost gave the House of Lords an update on EU relations last Wednesday, 10 November, in the form of an oral statement. Unfortunately, as this honourable House was in recess at the time, it could not be repeated here on the same day. The timing of that update was unavoidable, led by external international business. However, I recognise the importance of keeping both Houses duly informed.

I think that that answer was more remarkable for what it did not say than for what it did, but I am grateful to you, Mr Speaker, for granting the urgent question. It is a shame that it was necessary, and that the Government have not seen fit to offer the House a statement. At the very least, we would have liked to hear some commitment from the Government today that there would be no triggering of article 16 this side of Christmas. The disruption that that would cause would be catastrophic, but still we hear nothing from them. I hope that the Minister will address that point when he replies to my supplementary question.

Listening to the Minister today, and to his colleagues on the airwaves in recent weeks, one could almost believe that the terms of our agreement with the European Union and the Northern Ireland protocol were nothing to do with them: “a big boy did it and ran away”. It is almost as if those matters were negotiated by someone else, and were voted through the House in the teeth of Conservative opposition. However, we know that the truth is very different.

Article 16 does not exist as a “get out of jail free card” for the Government when they do not like the deal that they have done. It is a mechanism that allows for the taking of unilateral “safeguard” measures if either the EU or the UK concludes that the deal is leading to serious practical problems or causing diversion of trade. To invoke it in the way of which Ministers speak would be seen as an act of bad faith on the part of the UK Government.

What people and businesses in Northern Ireland want and need is pragmatic solutions to be reached and implemented in good faith, not more posturing. Businesses in Northern Ireland are crying out for a sanitary and phytosanitary agreement which would remove at a stroke the vast majority of the disruption for people on either side of the Irish sea, and that is where the Government should be devoting their energy. Will the Minister please update the House on the negotiation of that and other agreements under the protocol? In respect of the question of the role of the European Court of Justice in supervising this agreement, can the Minister explain why the Government now identify that as a problem when it was clearly within the protocol when it was negotiated and signed?

With regard to the latest on the UK-EU relationship, my noble Friend Lord Frost and Vice-President Šefčovič met in London on 12 November to consider the state of play in discussions relating to the Northern Ireland protocol. Lord Frost noted that there remain significant gaps to be bridged between the UK and EU positions. He noted that it remained the United Kingdom’s preference to find a consensual way forward, but I must say that article 16 safeguards were and are a legitimate part of the protocol’s provisions.

The noble Lord Frost also underlined the need to address the full range of issues that the United Kingdom had identified in the course of discussions if a comprehensive and durable solution was to be found that supported the Belfast/Good Friday agreement. That is in the best interests of Northern Ireland. In that context, although talks had so far been conducted in a constructive spirit, Lord Frost underlined that, to make progress, it was important to bring “new energy and impetus” to discussions. Accordingly, intensified talks are taking place this week between teams in Brussels on all issues, giving particular attention to medicines and customs issues.

This week, Lord Frost has also been in Belfast, talking to political, business and civil society leaders and will meet with Vice-President Šefčovič at the end of the week to consider progress. I will continue to keep Parliament informed.

With respect to the right hon. Member for Orkney and Shetland (Mr Carmichael), who raised the urgent question, perhaps he does not know that, in line with what the Paymaster General was saying, Lord Frost appeared before the European Scrutiny Committee only a few weeks ago. We asked him questions about article 16 and the European Court of Justice and he answered them with great clarity.

It is quite clear that the EU has been intransigent. For example, it invoked article 16 with regard to the covid laws that it introduced some time ago, and disruption of trade has taken place. Regarding the European Court of Justice, we are more than entitled to ensure that we are not governed by it given the repeal in the European Union (Withdrawal Agreement) Act 2020.

I agree with my hon. Friend. We want a negotiated outcome, but we are willing to use article 16. There is no change in the position that my noble Friend Lord Frost gave to my hon. Friend’s Committee only a few days ago.

I am grateful to the right hon. Member for Orkney and Shetland (Mr Carmichael) for tabling the UQ. It is simply unacceptable and quite insulting to the House that Lord Frost would wait for this place to have risen to make a statement in the other place and that the Government would have to be dragged to this place to be subject to proper and timely scrutiny.

I turn to Northern Ireland, which has become a key pressure point in UK-EU relations. I sincerely hope that the change in tone from Lord Frost may be a sign that progress can be made, because these are fractious, painful times for Northern Ireland and we are at an unsettling moment. Political disfunction has left power sharing in a fragile state. Trust in the UK Government in Northern Ireland—an essential foundation of peace—has fallen away across all communities. Trust is hard won and easy to lose.

I say to the Minister, in the sincere hope that he listens, that this is not the context in which any responsible Government would force another high stakes, divisive stand-off. With a cost of living crisis and growing instability, the last thing the country needs is a damaging trade dispute with our nearest trading partners. Does he agree that jobs, stability and livelihoods in Northern Ireland depend on the EU and UK finding a deal in the days and weeks ahead that lowers the barriers that the Prime Minister created? Does he agree that the evidence increasingly shows that communities want a solution, not a stand-off?

Labour has called all year for solutions that would lower the barriers down the Irish sea that the Prime Minister personally negotiated. That is precisely why we need a deal. Communities know that invoking article 16 would not solve the problems. It would not end the dispute; it would simply prolong it. Therefore, to find that agreement, the people of Northern Ireland must be brought in. Does the Minister agree that it is simply unsustainable for a Government whom few trust to be making huge decisions about the future while Northern Ireland is excluded entirely from the talks? Will he confirm today that the UK and the EU will bring Northern Ireland leaders and communities into the process to speak for themselves? That is the path to a sustainable solution.

We did not wait. This House was in recess and a written ministerial statement was tabled yesterday.

On the hon. Lady’s substantive points, of course people are concerned about the cost of living, but the Northern Ireland protocol has real-life consequences for the cost of living. Businesses know that using article 16, should we have to do so, would alleviate pressure on the movement of goods. It is a safeguard mechanism to improve an unsatisfactory situation; it is there not to cause disruption but to do the exact opposite. It is a mechanism agreed to by both parties to the withdrawal agreement, and it is an active part of an agreement with multiple articles—it is one article among multiple others. Article 16 is perfectly valid and available to use. However, we want a negotiated outcome. Our policy remains the same: acting within the law at all times, we are willing to use article 16 should we need to do so.

My noble Friend Lord Frost was in Northern Ireland on Tuesday and Wednesday of this week, and he met all sides. I am advised that he met representatives of the Social Democratic and Labour party, the Alliance party, the Democratic Unionist party, the Ulster Unionist party and Sinn Féin. He is, of course, keeping everyone fully informed, and he travels regularly to do so. The basis of our negotiations is contained in the July Command Paper, which this House has seen.

Will my right hon. and learned Friend reaffirm that the priority for Her Majesty’s Government remains upholding the Belfast agreement, even if the European Union appears to hold it so lightly? On the subject of bad faith, cited by the right hon. Member for Orkney and Shetland (Mr Carmichael), what does my right hon. and learned Friend make of the fact that 20% of the European Union’s checks still occur in relation to goods going from GB to NI, despite Northern Ireland having the equivalent of 0.5% of the European Union’s population? Does he agree that the bad faith the European Union is exercising in this matter makes it absolutely essential that we continue to keep under consideration the rescinding of articles 5, 7, 8 and 10, as outlined by the July Command Paper?

My right hon. Friend is a former Northern Ireland Minister, so he speaks with authority in this House. He is right that it is of paramount importance, as I am sure all sides would agree, that the Belfast agreement is respected and protected. That is certainly the motivation of Her Majesty’s Government.

It is right to say that the Northern Ireland Executive estimate that, from January to March, about 20% of all EU checks were conducted in respect of Northern Ireland, even though Northern Ireland’s population is just 0.5% of the EU’s as a whole. That speaks for itself.

Notwithstanding recess dates, it took until 16 November even to get a written statement on this subject, and that turned out to be a copy-and-paste job from Lord Frost’s earlier statement. I am shocked and appalled that it has taken until today for a Minister to come to the House to do Members the courtesy of answering questions on behalf of the Government. I am sick and fed up of hearing excuses for why this Government allow others to hear the business of the Government and their thinking before they come here to explain it. How long can we be expected to tolerate this discourtesy?

We have yet another statement and yet another rattle of the sabre on article 16. Of course, the deployment of article 16 would simply invite an equal and opposite response from the European Union, and it would simply reconvene existing discussions in another forum. Whether or not Conservative Members want to hear it, the best way to eliminate friction from east-west trade between Northern Ireland and Great Britain is for Great Britain to come back into closer alignment with the single market and customs union. Will the Paymaster General assure the House that, whatever discussions lie ahead, the Government will not in any circumstances allow Northern Ireland to become subject to the same trade friction between north and south as they have allowed to creep into the relationship between Great Britain and the European Union?

The hon. Gentleman is quite wrong; the reality of the matter is that a written ministerial statement is informing the House, and it was laid yesterday. He makes a point about business. I think I am right in saying that in today’s Financial Times there is a report that Marks & Spencer says that the proposals by the EU would not cut red tape. It is important to bear in mind that negotiations are in progress; it is not the right forum, at this stage in delicate negotiations, to try to do that in this honourable House. What is right is that Lord Frost continues his discussions with Vice-President Šefčovič, and that is exactly what he is doing.

I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on obtaining this important urgent question. May I take up a difference with him on one thing? Will my right hon. and learned Friend the Paymaster General confirm that the triggering of article 16 should be based on circumstances and not on any particular date?

If the triggering of article 16 needs to occur, there are defined circumstances that would need to be ascertained—in my view, those circumstances are ascertained.

There is a certain irony in Ministers telling France to respect the trade and co-operation agreement in full when it comes to fish while threatening to scrap the Northern Ireland protocol. I hope only that the change in tone that I think we detect in the past week or so is a sign that the Government realise that they need to step back from the brink—both sides do, because a trade war with the EU is in nobody’s interests.

The question I wish to put is about the European Court of Justice. We have heard what businesses in Northern Ireland have said about the impact of the protocol, but can the Minister tell us how many of them have raised with him the role of the ECJ, which of course the Government signed up to when they agreed the protocol in the first place?

The right hon. Gentleman should understand, and I am sure he does, that the activation of article 16 is not scrapping the protocol—it is a valid part of the agreement. He asks who has raised the issue of the Court of Justice of the European Union. What people raise regularly is the issue of sovereignty, and they say that they want their laws decided democratically by the people of this country. In my limited experience of the law, it is not normal, where there are two parties, for the courts of one party to resolve disputes between the two in an agreement. So this is not a normal situation. The European Union has shown, in the infraction proceedings that it has already brought—in my respectful submission, in a precipitate manner—when we had essential cause to take actions to protect food supply in Northern Ireland, that this is not just theoretical; this is something the EU is prepared to do, as it has shown. We therefore need to take sovereignty seriously. Those on our side of the House do take sovereignty seriously and will continue to do so.