Northern Ireland (Executive Formation etc) Act 2019: Section 3(5)

Lord Hain Excerpts

Tuesday 7th January 2020 Lords Chamber

[Lord Hain (Lab)]

My Lords, there is no question that the deep divisions over Brexit have poisoned the process of resurrecting devolved government in Northern Ireland. I want, therefore, to make some points pertinent to resolving all this, especially in the light of the series of parliamentary amendments initiated by Northern Ireland’s business community, crucially, supported by all the political parties in Northern Ireland. How often have we been able to say that in recent years?

The remain v Brexit contest may be over but do not be tempted into thinking that the protocol on Northern Ireland/Ireland in the withdrawal agreement gets Northern Ireland’s Brexit-related concerns done. Nobody yet knows what will be required to maintain north-south co-operation and manage trade relationships between Northern Ireland and Great Britain, not least because there will be checks and controls on goods moving both ways across the Irish Sea. Moreover, these will change as the EU-UK relationship develops and if and when the UK secures more free trade deals with other countries.

There are four main requests that business, civic groups and all the parties have jointly put forward, and I ask the Minister to consider these. The first is that the UK Government’s commitment to “unfettered access” be given legal form through the withdrawal agreement Bill. That is first by defining what “unfettered access” means; for example, being able to sell goods to Britain without tariffs, origin requirements, regulatory import controls, dual authorisations or discrimination in the market. Let us remember, this is about UK businesses and UK goods being sold into other parts of the UK.

Secondly, they seek protection for Northern Ireland companies and consumers from the costs of the consequences of any new trade frictions. We should bear in mind that these frictions will arise within the UK internal market and as a direct result of the very Brexit which the majority of people in Northern Ireland voted against.

Thirdly, they ask that the Stormont Executive be consulted by the Government on regulations which could impact Northern Ireland’s place within the UK internal market. Although the protocol requires a vote from MLAs every four or eight years on whether to keep aligned with EU rules or UK ones, full democratic consent is surely a living rather than an occasional requirement. Trade frictions could come about as a result of decisions by the UK Government, not just the EU. Northern Ireland businesses and politicians are asking for the consent of their own elected representatives before further trade frictions are imposed within the UK—that is between Northern Ireland and Great Britain. This is surely not just a reasonable expectation but a basic democratic right for every citizen in the UK.

Finally, they ask the Government to publish an assessment at least every 12 months of any negative impacts arising from the protocol on trade between Great Britain and Northern Ireland, and vice versa, and to develop mitigations to safeguard Northern Ireland’s place in the UK internal market. All these measures are intended to ensure that necessary mitigations and compensations are in place to protect business and consumers in one part of the UK from any negative consequences of the withdrawal agreement that this Parliament is being asked to ratify.

I recognise that this will be debated next week, but I wanted to flag it up now because noble Lords should be under no illusion: the amendments proposed are essential damage-limitation devices and impinge upon the prospects of getting Stormont resurrected. In light of all this we have not only an obligation to listen but a duty to act, and I ask that the Government consider these all-party Northern Ireland amendments, which are now on the Commons Order Paper, very carefully this week because they will be tabled next week in the Lords, not least in the context of resuscitating Stormont and, crucially, giving it the kind of economic stability it needs for a long-term future.

Finally, I say to the Minister that if the Secretary of State sets a deadline—which is, as he said, in law next Monday—it has to be kept. Deadlines are there to be kept, unless there is agreement to move forward and major concessions are made; otherwise, deadlines carry no credibility at all and could hinder rather than enhance the prospect of getting Stormont resuscitated. I speak from experience, in 2005-07 in particular, and I urge him consider that.