Ireland/Northern Ireland Protocol

Lord Empey Excerpts

Thursday 29th April 2021 Lords Chamber

[Lord Frost (Con)]

My Lords, I am happy to assure my noble friend that this Government’s intention is that Northern Ireland will benefit fully from the great trade deals we have agreed and those coming in future, which we are currently negotiating; that intention is clear in the protocol. Unfortunately, because of legislation passed by the EU, Northern Ireland does not benefit from certain TRQs in the same way as the rest of the UK. This is one of the issues that we are discussing with the Commission at the moment. We are making progress on that and I am hopeful of a satisfactory resolution.

[Lord Empey (UUP) [V]]

My noble friend will be aware that, this week, considerable political instability was introduced into Stormont, in part because of the introduction of the protocol. Can he assure us that he is encouraging his counterparts in the European Union to engage with those who know something about the Belfast/Good Friday agreement? It is perfectly obvious that they do not really have a grasp on its balance and purpose. Can he also assure us that he is prepared to meet some of us to discuss this subject?

[Lord Frost (Con)]

My Lords, I assure my noble friend that we very much encourage the Commission—at all levels, from Vice-President Šefčovič and his team down—to engage with those who have experience of the negotiation of the Belfast/Good Friday agreement and everything that followed from it. We do everything we can to drive home the importance of protecting it as central to stability in Northern Ireland. Of course, I will be happy to meet my noble friend and colleagues to discuss this further.

Global Minimum Corporate Tax Rate

Lord Empey Excerpts

Wednesday 14th April 2021 Lords Chamber

[Lord Agnew of Oulton (Con)]

My Lords, we have always been a Government who want to reduce taxation wherever possible. However, the Government have been very active in dealing with the abuse of corporate taxation over the last few years—for example, with the corporate interest restriction rules, which prevent multinationals from avoiding tax using financing arrangements, raising £1 billion a year since 2017. Other examples are the diverted profits tax, which has led to an additional £5 billion by countering aggressive tax planning, and the tax charge on offshore receipts in respect of intangible property, which is forecast to raise £1 billion a year.

[Lord Empey (UUP) [V]]

Since we left the European Union, the Government say that we must retain control over our money and laws. Is there a danger that we could end up replacing one group of people who are able to tell us what we can and cannot do with our money and laws with another group, other than the European Union? In such circumstances, is there a risk that the United Kingdom actually restricts its freedom and ability to control its own economy?

[Lord Agnew of Oulton (Con)]

I am not sure whether the noble Lord is referring to the move by the American Government to put forward their own propositions on international tax reform, but it is important to clarify that the US Government are following the G7 work that has been done on pillars 1 and 2. It is rather good news that they are engaging in a much more front-footed way than happened under the previous Administration.

Budget Statement

Lord Empey Excerpts

Friday 12th March 2021 Lords Chamber

[Lord Empey (UUP) [V]]

My Lords, like others, I wish to congratulate our maiden speakers today. I am particularly pleased to see the noble Lord, Lord Bellingham, and the noble Baroness, Lady Foster, in their places. I have worked with them before and look forward to doing so again.

My noble friend the Minister will not be surprised that I wish to address a few matters concerning the Northern Ireland protocol. I know that he has done a lot of work personally to make this system acceptable, but I fear that the principles behind it will in fact make it ultimately unsuccessful. I point out that both Her Majesty’s Government and the European Union say that they had to come to this arrangement because they want to support the Belfast agreement in all its forms. As a negotiator of that agreement, I assure my noble friend that the protocol is the very antithesis of that agreement and will probably be fought out in the courts in the coming weeks. There are many of us—and many of us want to talk to him and the Government—with ideas for workable alternatives that will not disrupt trade to the extent that it has been disrupted.

To point out the scale of the problem, the trade flowing across the border from the United Kingdom to the Republic of Ireland is one-tenth of 1% of European trade flows. How is it that we have ended up in such a political mess over such a modest amount of trade? It is a sledgehammer to crack a nut. There are alternatives that respect the single market of the European Union, which we have no wish to damage given it was our idea in the first place. I would like the Minister to confirm that he and his colleagues would be prepared to meet with some of us to consider our proposals.

Protocol on Ireland/Northern Ireland: Border Controls

Lord Empey Excerpts

Thursday 4th February 2021 Lords Chamber

[Lord True (Con)]

My Lords, I believe that it is highly regrettable, and this point was made by my right honourable friend the Prime Minister yesterday. We should all attach importance to the Good Friday agreement and I hope that the Commission will now give lasting attention to that point.

[Lord Empey (UUP) [V]]

My Lords, I join other colleagues in condemning the intimidation. Northern Ireland has been used shamelessly by the EU and others as a political football during the recent negotiations. However, to what degree are Her Majesty’s Government prepared to look at genuinely at alternatives that can be negotiated with the European Union and with the parties in Northern Ireland, and will those parties be properly consulted about the way forward? I ask this because many feel that they have been ignored.

[Lord True (Con)]

My Lords, my noble friend has made an important point and he is quite right about the involvement of the parties. One of the sad aspects of this has been the bypassing of the parties in Northern Ireland. My right honourable friend set out a detailed set of proposals which are in the public domain, and he has indicated in those that if it is not possible to agree a way forward in the way we have proposed, the UK will consider using all the instruments at its disposal.

Economic Update

Lord Empey Excerpts

Tuesday 12th January 2021 Lords Chamber

[Lord Agnew of Oulton (Con) [V]]

I share the noble Lord’s concern about all these institutions that have been forced to shut down. We all very much look forward to the moment when they can reopen, which is why so much emphasis is being placed on the rapid rollout of the vaccine.

[Lord Empey (UUP) [V]]

My noble friend has referred to the economic difficulties Northern Ireland will face being separated in some way from its principal single market. However, the biggest challenge we face here is that his right honourable friend the Secretary of State announced a few days ago to the world that there was no border in the Irish Sea. This provoked a response of ridicule and anger in equal measure. How can we start a recovery if our representative in the Cabinet cannot even admit the practical situation that businesspeople face every day? Can my noble friend prevail on him at least to acknowledge the realities on the ground?

[Lord Agnew of Oulton (Con) [V]]

My noble friend raises important points. As I mentioned earlier, we are a few days into an enormous change in how trade operates across GB and the EU, and across GB and NI, but I reiterate the Government’s absolute commitment to keep the friction between GB and NI to an absolute minimum. We are doing everything we can to do that. I ask my noble friend to bear with us, because there will be a learning process over the next few weeks.

EU-UK Trade and Cooperation Agreement

Lord Empey Excerpts

Friday 8th January 2021 Lords Chamber

[Lord Empey (UUP) [V]]

My Lords, in his opening remarks, my noble friend the Minister repeated the mantra that has often been used: we now have full political and economic independence and control over our laws, borders, money and trade.

No, we do not. In referring to “we”, my noble friend is not referring to the whole of the United Kingdom because Northern Ireland is still in the European Union and is still subject to laws made by a foreign power. As we speak, EU customs officials are standing in Northern Ireland ports. We cannot even move our own money from one part of the United Kingdom to another unless it is within EU regulations. My noble friend will have to forgive me for being like a gramophone record, but I must tell him that he will hear a lot more of this until there is honesty from Her Majesty’s Government. Having said that, my noble friend did make some attempt at the end of the last debate to be clear.

My second point was referred to in the opening remarks of the noble Lord, Lord Bassam: my noble friend’s right honourable friend the Secretary of State for Northern Ireland insisted earlier this week that there is no Irish Sea border, despite the fact that we are spending £7.25 million a week on measures to compensate businesses for the extra work and that EU officials are standing in ports as we speak. He is holding himself and the Government up not only to ridicule but to anger, as businesspeople face the consequences of this border. Can he impress on his right honourable friend that we must be honest and open? There is a border. Let us try to manage it to the best of our ability; let us not try to pretend it is not there.

House of Lords Appointments Commission

Lord Empey Excerpts

Tuesday 5th January 2021 Lords Chamber

[Lord True (Con)]

My Lords, I am certainly not following the noble Baroness into what was described earlier as an ad hominem comment on any individual. On the Burns report numbers, which I think she refers to, neither this Prime Minister nor the previous one assented to any limit on numbers.

[Lord Empey (UUP) [V]]

Can my noble friend tell the House whether there have been any discussions with the chairman and members of the House of Lords Appointments Commission since the Prime Minister’s latest decision? Does he accept that, as it appears that persons can effectively buy a position in this House—at least, that is the impression given—that brings us back to the days of the rotten boroughs? Does he not realise that all of us suffer, and the reputation of the House suffers, as a consequence?

[Lord True (Con)]

My Lords, I do not agree with my noble friend. The question of the resourcing of political parties is a vexed one, as noble Lords know, and has affected all political parties. I cannot comment on contact between the Prime Minister and HOLAC but I can say that the chairman of HOLAC has written to the Public Accounts Committee on the matter—that is on the record—and the Prime Minister, with full transparency, has placed his own letter on the public record.

European Union (Future Relationship) Bill

Lord Empey Excerpts

3rd reading & 2nd reading & Committee negatived & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard) & Committee negatived (Hansard): House of Lords
Wednesday 30th December 2020 Lords Chamber

[Lord Empey (UUP) [V]]

My Lords, like other speakers I welcome the fact that there is a deal, albeit that we do not have the opportunity to scrutinise it properly tonight. I also welcome the reference in the Bill to the peace programme, which was negotiated between former EU President Jacques Delors and Northern Ireland MEPs John Hume, Ian Paisley and Jim Nicholson. It has been an enduring programme to help Northern Ireland and the border counties of the Republic and I welcome it.

However, I have to say that one theme stands out for me. In a recent letter to us, the Prime Minister said that the deal,

“takes back control of our laws, borders, money, trade … and ends any role for the European Court.”

He goes on to say:

“We will be a truly independent country, with our sovereign Parliament in full control of the laws that we live by.”


Michael Gove, the Chancellor of the Duchy of Lancaster, said that we are no longer bound by EU law, there is no role for the European Court of Justice, we will have full political and economic independence from 1 January, and our laws will be determined by our own elected politicians.

I am sorry to say it, but all those statements are untrue, because one part of the United Kingdom—Northern Ireland—is left in the European Union. The European Court will still have a role; we will be subject to laws and regulations that will be negotiated and agreed in Brussels, where we have no representation; and we cannot even bring over €10,000 of our own money into Northern Ireland without permission. The idea that these statements are factual is wrong. I wish that somebody on the Government Front Bench would openly admit that we have done a deal that works for Great Britain but, because of certain circumstances, Northern Ireland is not at this stage able to benefit from it. EU officials will stand beside HMRC officers at customs posts at all Northern Ireland ports. One of them being built at Larne is 44,000 square metres, which does not seem to me to be “light touch”, and we will have to treat Great Britain as a third country.

Unfortunately, I want to ask the Minister: what consent was obtained from Northern Ireland for these arrangements? Can he give me that answer, because nobody so far has? I hear some unionists in the other place, and indeed in your Lordships’ House, railing against this deal because of the protocol that was introduced last year. But the very same people facilitated the introduction of that protocol, so they are not in a position to challenge things tonight.

What I want is honesty. We will make the best of what we can, but the union is seriously weakened as a result of this decision, and it is a fact that our laws will be determined by others and not by our sovereign Parliament. That is not taking back control.

UK-EU Withdrawal Agreement

Lord Empey Excerpts

Thursday 10th December 2020 Lords Chamber

[Lord True (Con)]

My Lords, I will certainly check, as the noble Lord asks. I am not briefed in detail on the Isle of Man but I will make sure that I write to him and that the letter is made available to others present.

[Lord Empey (UUP)]

My noble friend will be aware of my views on the protocol, which I believe is a dagger pointed at the heart of the union. But I wish to ask him two technical questions. First, the Statement mentions a three-month delay for the implementation of food into supermarkets. What about the majority of goods that travel between Great Britain and Northern Ireland? Are they, the bulk of traffic, getting any help with an implementation period? Secondly, with regard to goods between GB and NI, for normal goods—non-supermarket goods—will there no longer be a requirement to obtain power of attorney, to have a customs-compliant commercial invoice and to make an entry into the TSS system? It is the technicalities and the bureaucracies that are causing business the greatest anxiety.

[Lord True (Con)]

My Lords, on the specific technical points on power of attorney and so on, I will seek very specific responses, and I undertake to write to the noble Lord on that. Obviously, the three-month grace period is to allow authorised traders—such as super- markets, but other organisations will able to partake—and their suppliers to adapt to certification requirements. Alongside that, the Trader Support Service and the movement assistance scheme will provide support across the board.

Union Capability: Dunlop Review

Lord Empey Excerpts

Thursday 19th November 2020 Lords Chamber

[Lord True (Con)]

My Lords, the Prime Minister told the House of Commons:

“I think what has unquestionably been a disaster is the way in which the Scottish nationalist party has taken and used devolution as a means not to improve the lives of its constituents, not to address their health concerns or to improve education in Scotland, but… constantly to campaign for the break-up of our country”.—[Official Report, Commons, 18/11/20; col. 315.]


I agree with him.

[Lord Empey (UUP) [V]]

My Lords, on 10 November in Grand Committee, introducing the Common Rules for Exports (EU Exit) Regulations 2020, the noble Lord, Lord Grimstone, said that the EU Commission

“will exercise these powers in Northern Ireland.”—[Official Report, 10/11/20; col. GC 421.]

Can my noble friend explain how allowing a foreign power to exercise executive authority in a part of the United Kingdom is consistent with the Government’s commitment to taking back control and to the maintenance of the union?

[Lord True (Con)]

My Lords, I have not seen my noble friend Lord Grimstone’s remarks in context, so I will respond to the noble Lord by letter.