Checks on Goods: Northern Ireland and Great Britain

Tony Lloyd Excerpts

Thursday 24th October 2019 Commons Chamber

[Tony Lloyd (Rochdale) (Lab)]

(Urgent Question): To ask the Secretary of State for Exiting the European Union if he will make a statement regarding checks on goods moving from Northern Ireland to Great Britain and Great Britain to Northern Ireland under the current withdrawal agreement.

[The Secretary of State for Exiting the European Union (Stephen Barclay)]

On 17 October, the United Kingdom and the European Union reached political agreement on a new withdrawal agreement and political declaration for the future relationship. That includes a revised protocol for Northern Ireland, which has been extensively debated in this House. The agreement is clear that Great Britain and Northern Ireland are one customs territory. Goods that are not at risk of moving to the European Union will attract no tariffs. These arrangements mean that Northern Ireland would remain in the UK’s customs territory and could benefit from the UK’s new trade deals with third countries. Goods moving from Great Britain to Northern Ireland that are destined for the European Union will have to comply with European Union rules. To ensure that the correct tariffs are applied and that goods comply with the rules of the single regulatory zone, some information will be needed on goods moving from Great Britain to Northern Ireland.

The deal also explicitly allows the United Kingdom to ensure unfettered market access for goods moving from Northern Ireland to Great Britain. There will be minimal targeted interventions designed to prevent, for example, trade in endangered species, which I would have thought the House agreed on. We will work with the European Union to eliminate those limited processes as soon as possible after Brexit. The most important point is that the arrangements automatically dissolve after four years unless a majority of the Northern Ireland Assembly in Stormont votes to keep them.

[Tony Lloyd]

Thank you, Mr Speaker, for granting this urgent question, which really does matter.

There is confusion at the very heart of government. Yesterday, the Prime Minister told the House there would be “no checks” and “no tariffs” between Northern Ireland and Great Britain; that is in direct contradiction to what the Secretary of State just told the House. It is in contradiction with the steadily progressing views expressed in different statements from the Secretary of State for Northern Ireland and the Justice Secretary, who said last night on “Newsnight” that there will be checks in both directions—from GB to Northern Ireland, and Northern Ireland to GB. The manifest confusion at the heart of government is compounded by the confusion for businesses in Northern Ireland—particularly small businesses—and the Northern Ireland civil service in planning for the long term. That is simply unacceptable. The Government were trying to ram the European Union (Withdrawal Agreement) Bill through the House in three days, but they themselves do not properly understand what they are doing. That is problematic, and we need absolute clarity.

While this is outside the Secretary of State’s immediate brief, there are other consequences. The House spent a long time arguing that there should be no hard border across the island of Ireland to prevent an impact on the nationalist community; we did not think we would now be talking about the impact on the Unionist community and political Unionism. The new Chief Constable of the Police Service of Northern Ireland said:

“whatever ends up as a Brexit deal, if there is one that could be perceived in a way that sort of threatens the security of the loyalist community...our concern is also the loyalist community has at times shown it can mobilise quickly, bring large numbers of people on to the streets and engage in public disorder in support of their cause.”

I hope that every Member takes that warning very seriously, because it is a profound warning from a senior and experienced police officer.

I have a number of specific questions for the Secretary of State. First, what overall impact assessment have the Government made for the Northern Ireland economy? What assessment have they made for trading ports and airports in Scotland, Wales and England? Her Majesty’s Revenue and Customs estimates that each declaration for shipments from Great Britain to Northern Ireland will cost between £15 and £56, and Border Force says that a “minimum amount” of electronic information will be required for movements from west to east. When will the Secretary of State be able to give certainty to businesses about what the checks will be and how they will be undertaken? If the Justice Secretary was right when he told “Newsnight” that there would be checks from Northern Ireland to Great Britain, when will we know the detail of what those checks will be, rather than their being superficially dismissed as of no importance?

In the end, the Government have to put an end to this confusion. Will the Secretary of State guarantee that he will make an early statement to the House about the full impact of the checks in both directions? Does he accept the warning of the Chief Constable about the potential impact and do the Government take that seriously? If so, what is their assessment? Finally, I have to ask about a political point, although it is an important one: does the Secretary of State believe that the Prime Minister himself at last understands the impact of his deal on Northern Ireland and on the relationship between Northern Ireland and the rest of our country?

[Stephen Barclay]

I know that the House and the hon. Gentleman take these issues very seriously. He raises some very legitimate points, which I will seek to address.

First and foremost was the hon. Gentleman’s concern about any hard border between Northern Ireland and Ireland. I am happy to give him assurances on that; it is a key part of what the Government have agreed. If he looks at the preamble to the Northern Ireland protocol, he will see clear commitments from the EU and the UK to the Belfast/Good Friday agreement. It states that

“nothing in this Protocol prevents the United Kingdom from ensuring unfettered market access for goods moving from Northern Ireland to the rest of the United Kingdom”.

The hon. Gentleman also raised a legitimate concern about the statement from the Chief Constable of the Police Service of Northern Ireland. The Government take it incredibly seriously, and the Secretary of State for Northern Ireland liaises closely with the Chief Constable and other senior officers. This is one reason why it is important to get the Executive back up and running, as I am sure the hon. Gentleman agrees. Part of the reason why the Government extended article 50, for which they were criticised at the time, was precisely that the previous Prime Minister took those concerns very seriously, and we have continued to work with the PSNI to address them. However, I remind the hon. Gentleman that one of the central concerns is the potential impact of no deal on the border, which is another reason it is important that the House comes together and agrees a deal, because that is the best way of safeguarding the Belfast/Good Friday agreement and addressing those concerns.

The hon. Gentleman asked about the comments of my right hon. Friend the Prime Minister. The Prime Minister was distinguishing between the paperwork required, which will be done digitally and is a single form, and the introduction of physical checks. In the coming months, we will work within the United Kingdom and with the European Union to discuss how to eliminate the limited administrative processes that there are. The hon. Gentleman will know that article 6 of the protocol requires further work through the Joint Committee to minimise any impact. That is an ongoing commitment.

The hon. Gentleman made a valid point about certainty for business. It is something we hear about in our engagement with businesses in Northern Ireland. It is important to reassure businesses that this is an administrative process—an electronic form—and something as part of bookings that will be done with the haulier as an aspect of the shipment of goods. It will involve fairly straightforward data about who is exporting, who is importing and the nature of the goods. That said, I am happy to have further discussions with him, because he does reflect concerns among businesses, particularly the small and medium-sized enterprises sector in Northern Ireland, about these arrangements.

The hon. Gentleman also asked when we would come back to the House with further updates. My right hon. Friend the Secretary of State for Northern Ireland is keen to continue to update the House, following his discussions on this issue and, more widely, about the restoration of the Executive. I will speak to my right hon. Friend about how we keep the House updated.

The issue is that these are administrative processes pertaining in particular to international obligations on things such as Kimberley diamonds and endangered species and to things that hauliers will be able to prepopulate in their IT systems. However, it is the case—the hon. Gentleman is right—that concerns have been expressed in Northern Ireland. Indeed, concerns have been expressed, which I very much respect, by our confidence and supply partners. Again, I very much offer to work with colleagues across the House on how we address the real concerns—the very real concerns—that I know they have to minimise any disruption that they are concerned about.