Protocol on Ireland/Northern Ireland: Border Controls

Private Notice Question

Asked by

To ask Her Majesty's Government what assessment they have made of the impact on the operation of the Protocol on Ireland/Northern Ireland of (1) the withdrawal of local and European Union officials from border control posts in Northern Ireland, and (2) the suspension of inspections on goods entering Northern Ireland at the Ports of Belfast and Larne.

My Lords, I know that the whole House will join me in strongly condemning all threats and intimidation. These will never guide the actions of Her Majesty’s Government. But there has been strong concern right across the community at the EU’s actions on Friday. Urgent action is now needed to restore confidence and address outstanding issues with the protocol, which we will take forward urgently with the EU next week.

My Lords, while all intimidation by members of paramilitary groups must be totally condemned, does my noble friend agree that the strength of feeling in Northern Ireland is the entirely predictable consequence of the one-sided approach adopted by the European Commission, which has only ever seen these issues from an Irish nationalist perspective? Indeed, I warned Monsieur Barnier directly of this when I saw him in June 2018. Does my noble friend agree that the time has come for the Commission to show flexibility, pragmatism and sensitivity over the implementation of the protocol, respecting all parts of the Belfast agreement and the constitutional and economic integrity of our United Kingdom? If it does not, then surely the Government must consider more robust measures.

My Lords, I underline what I said in my first Answer. It is clearly hugely disappointing and surprising to many that the EU proposed to take such a significant step without any notification—indeed, without even notifying the Irish Government. I profoundly agree with my noble friend that it now behoves us all to take appropriate and lasting action to address the questions of concern.

My Lords, Michael Gove has said that the problems with the protocol are not just teething problems. What did he mean by that? Does he now recognise that the protocol was a flawed document in many ways but that repudiation would be a political disaster and, indeed, a longer period of grace on its own would not resolve the problems? What is needed now is not a blame game but an intense period of co-operation between the officials of all four jurisdictions to make the total system work, north-south and east-west.

My Lords, I agree that we need practical and urgent action. I certainly do not engage in any blame game; I simply draw attention to the fact that it was the EU that invoked Article 16.

My Lords, the threats against port staff in Larne and Belfast are totally unacceptable, as is the graffiti that has been sprayed on Alliance Party offices, including on the office of my friend Stephen Farry MP. Does the Minister agree that it is time for calm language and concentrating on finding practical solutions to make the protocol work for all, such as working to achieve an EU-UK veterinary agreement, which would genuinely UK food producers?

I strongly agree with the noble Baroness’s remarks about violence. The safety of staff at our ports is our top priority and we are engaging actively with the PSNI to understand and follow the situation. Again, I would agree with her that it is now incumbent on all parties, including the EU, to address practical and lasting solutions to the issues that remain.

I applaud the Minister’s answers. I am sure he is right. I am also sure that the joint committee could agree and will agree extensions of the grace periods until trusted trader schemes are up and running. However, SPS checks, which we agreed, and some supermarket shortages cannot possibly constitute the exceptional circumstances that annexe 7 to the protocol says would be required before Article 16 action was envisaged. Yet we have—the Prime Minister has, on 13 January and again yesterday—clearly threatened Article 16 action. Does the Minister believe that, if we were to destroy the protocol, the European Parliament would proceed to ratify the trade treaty?

My Lords, I am not going to follow the noble Lord in a litany of “what ifs”. We should address “what now”, and the EU has a responsibility to help to address that.

My Lords, the red tape of the protocol has made much business between GB and Northern Ireland uneconomic. EU spokespersons have publicly advised that the way in which to avoid the cost of the checks is to source more goods, particularly food, from the south. Is not the risk that the Northern Ireland economy will gradually drift away from the UK single market and east-west trade will be increasingly replaced by north-south trade? That will have potentially profound political implications. Is it not that which is alarming people? I ask my noble friend to confirm that, if these matters cannot be sorted out through the joint committee, the Government will not rule out unilateral action.

My Lords, the position of businesses and the impact on them are obviously something that the Government monitor and watch with concern. My right honourable friend the Chancellor of the Duchy of Lancaster has told Vice-President Šefčovič that our focus must be on making the protocol work in the interests of people and businesses in Northern Ireland. As to the last part of my noble friend’s question, I do not resile from, indeed I support strongly, what the Prime Minister said in the other place yesterday.

My Lords, cool heads and dialogue are needed in such difficult circumstances between all the institutions of the UK, Ireland, Northern Ireland and the EU. I welcome the joint statement’s commitment yesterday to the Good Friday agreement and to avoiding disruption to the everyday lives of the people of Northern Ireland. What further changes to arrangements for the movement of goods arising out of the joint committee agreement of 17 December are still to be enacted, and when will they be?

My Lords, this is an ongoing process and obviously, as the noble Earl will know, my right honourable friend sent a further letter to Vice-President Šefčovič this week embracing a wide range of matters that we believe need to be addressed. However, I certainly agree with the noble Earl’s original remark that cool heads are required in this situation.

My Lords, while condemning the intimidation aimed at border control staff and deeply regretting the European Commission’s attempt to invoke Article 16 or, indeed, any attempt to do so, does the Minister agree that what is now needed is calm negotiation between the Commission and the Government and, above all else, between the political parties and their respective leaders in Northern Ireland itself?