PARLIAMENTARY DEBATE
Northern Ireland Protocol: Implementation - 2 February 2021 (Commons/Commons Chamber)
Debate Detail
On Friday afternoon, the European Commission, without prior consultation, published a regulation to enable restrictions on the export of vaccines from the EU. That regulation also invoked article 16 of the Northern Ireland protocol, barring the free movement of medicines from Ireland into Northern Ireland.
It is important to be clear about what was proposed: not only plans to stop vaccines being delivered through legally binding contracts, at the height of a pandemic, but critically, a unilateral suspension of the painstakingly designed and carefully negotiated provisions of the protocol, which the EU has always maintained was critical to safeguarding the gains of the Northern Ireland peace process.
Article 16 exists for good reasons, but it is meant to be invoked only after notification and only after all other options are exhausted, and in the interests of the people of Northern Ireland. None of those conditions was met. Worse still, neither the UK Government, representing the people of Northern Ireland, nor the Irish Government, an EU member, were informed. The Commission’s move has provoked anger and concern across all the parties and throughout civil society in Northern Ireland, as well as international condemnation.
Following the reaction, the Commission did withdraw its invocation of article 16 and subsequently clarified, in conversations with my right hon. Friend the Prime Minister, that it would not interfere with vaccine supplies to Great Britain and Northern Ireland. I am grateful to the Prime Minister for his robust and sensitive intervention, and also to the Taoiseach, the Northern Ireland Executive and Vice-President Maroš Šefčovič for moving quickly to resolve the situation on Friday evening, but trust has been eroded, damage has been done and urgent action is therefore needed.
Peace, progress and strong community relations in Northern Ireland have been hard won, but in recent days we have seen an increase in community tension and, as was reported last night, port staff in Belfast and Larne have been kept away from work following concerns for their safety. The decision was taken by Northern Ireland’s Agriculture Minister, Edwin Poots, and the local council. My right hon. Friend the Northern Ireland Secretary is engaging closely with the police and authorities on this issue, and of course, the safety and security of staff are the absolute priority.
I would like to take this opportunity to thank Edwin Poots for his dedicated work. He is, coincidentally, stepping down from his post for health reasons this week, and I am sure all of us in the House would want to send him every good wish.
Fixing problems on the ground now requires us all to work calmly. The EU needs to work with us, at speed and with determination, to resolve a series of outstanding issues with the protocol. I am grateful to Vice-President Šefčovič for his understanding of the need to make progress to see these problems resolved and to ensure that the protocol does what it was designed to do: avoid disruption to everyday lives while protecting Northern Ireland’s place in the UK internal market and our customs territory.
I am also grateful to the First Minister of Northern Ireland and her Executive colleagues for their close working with the UK Government and their shared determination to resolve these issues. We will work over coming days to fix the difficulties on the ground, preserve the gains of the Belfast/Good Friday agreement and, of course, uphold Northern Ireland’s place as an integral part of our United Kingdom.
The European Commission’s actions on Friday night were a serious mistake. Of that there can be absolutely no doubt, and I very much welcome the right hon. Gentleman’s response, but they must not be used as an excuse to go back to square one and undermine the protocol, with all the damage and instability that that would cause. Yesterday, as he has said, we saw staff withdrawn from the ports of Larne and Belfast because of alleged threats to their safety. This is totally unacceptable, and we all have a responsibility to dial down our rhetoric and to ensure that people in Northern Ireland are safe.
After the difficult past few days, calm heads must now prevail and serious, pragmatic, practical politics must begin to find shared solutions to the legitimate concerns and to ease tensions. With those practical solutions in mind, the looming end of the grace periods in April and July is causing serious concern for businesses, so will the right hon. Gentleman convene urgent sessions of the Specialised and Joint Committees to secure long-term mitigations of unnecessary red tape? Does he agree that an extension to those grace periods might be necessary?
Will the right hon. Gentleman update the House on the work that the Government have been doing to get British-based businesses up to speed on new requirements? Can he confirm that EU officials have all the access necessary to the databases they need to do their work? Will he ensure the joint consultative working group is urgently established so that politicians, industry and civil society in Northern Ireland have a formal structure to engage with? Finally, will he advise on how he will ensure that the protocol is never again undermined and that the political realities he has outlined regarding its existence are well understood by all concerned? What steps have been taken to reassure all communities in Northern Ireland that their lives and livelihoods will be protected?
The events of the last few days demonstrate that all sides have a profound responsibility to uphold the protocol and ensure that it works for all communities. They showed the dangers of unilateral action. It is now vital that, together, shared solutions are found that ease disruption, preserve stability and protect the gains of peace.
The hon. Lady is absolutely right that the end of grace periods for export health certificates and other issues do need to be addressed. I will be writing to Vice-President Maroš Šefčovič later today to outline some specific steps that we believe we need to take. Tomorrow, I will meet him and the First Minister and Deputy First Minister of the Northern Ireland Executive in order to ensure that we can make rapid progress through the Joint Committee.
We are also communicating with UK businesses to stress that they have an obligation to ensure that their goods are available for the citizens of Northern Ireland in the same way as they are available to her and my own constituents. It is not just the Government’s responsibility but the responsibility of all of us to work together to ensure that the people of Northern Ireland recognise that they are valued citizens of one United Kingdom.
We now have a situation that has escalated to the point that port inspection staff have needed to be withdrawn from their duties over concerns for their safety, which is completely unacceptable. Can the Chancellor of the Duchy of Lancaster give me an assurance and explain how he intends to work with the Northern Ireland Executive, the Irish Government and the EU to de-escalate all the issues around this matter and explain what further steps he will take to ensure that the protocol—an agreement entered into freely—works as it needs to for the benefit of all in Northern Ireland?
I disagree with the hon. Gentleman on one point. I think the Prime Minister was absolutely right to say that, if necessary, article 16 can be invoked. There is a difference between recognising that it is there as an emergency cord to pull if we need to in order to ensure that the rights and interests of the people in Northern Ireland are protected, but it can be invoked only in specific circumstances, none of which, as the hon. Gentleman knows and has acknowledged, were in place when the European Commission invoked it. More broadly, we all want to make sure that the lives of people in Northern Ireland can be as safe, secure, prosperous and free as possible, in the same way as those of any other citizens of the United Kingdom. I look forward to working with the hon. Gentleman’s colleagues in the Scottish Government to ensure, through provisions such as the United Kingdom Internal Market Act 2020, that we continue to do everything necessary to safeguard our precious Union.
The Democratic Unionist party opposed this protocol from the outset because we recognised that it would cause societal and economic problems for Northern Ireland—for businesses and consumers—and would lead to a significant diversion of trade, as has been evident in its first month of operation. Fundamentally, this protocol upsets the very delicate balance of relationships that were provided for under the Belfast agreement. There is no Unionist supporting this protocol. What we need is not tinkering around the edges but a recognition that Northern Ireland’s place in the UK internal market must be restored, and this protocol is preventing that from happening.
May I invite the Chancellor of the Duchy of Lancaster to join me in condemning those who were responsible for the attacks yesterday on Alliance party offices in Northern Ireland, including those of the hon. Member for North Down (Stephen Farry), and to make it clear that there is no place in our politics in any part of this United Kingdom for that sort of intimidation? Do those attacks not illustrate the importance of using the time available to us in the grace period to get things right, so that we do not see what his colleagues elsewhere in Government have called “teething problems”, come the end of that grace period? So much of this paperwork can now be done digitally. Are the Government going ahead in that direction?
In Northern Ireland, words can have very dangerous consequences, so does the Cabinet Secretary agree that it is now time for all political leaders to dial down the rhetoric and deal with the actual issues that exist around the protocol, while of course recognising that the protocol is a direct consequence of Britain’s leaving the customs union and single market?
On vaccines in particular, will my right hon. Friend assure me that whatever action the EU takes, our supply to every part of the UK is secure?
Will the Chancellor of the Duchy of Lancaster confirm that violence, or the threat of violence, will not be allowed to influence Government policy, and that the central means of addressing issues relating to the protocol is through the UK and the EU working to address issues, for instance by developing a wider veterinary agreement?
I urge my right hon. Friend to take this discussion out of the purely technical discussions around the Northern Ireland protocol and transform it into a more strategic discussion with the EU. What does the EU need in return from the UK on other fronts to resolve these issues in the long term, and what does the EU need to do to give confidence, particularly to Unionists across Northern Ireland, that it understands that the Good Friday agreement and the protocol are matters of a joint duty of care for both the EU and the UK?
“we are not at the moment in a position where we want to be looking at extending the grace period.”
Can the Chancellor of the Duchy of Lancaster therefore explain what Government policy actually is on this? Given that UK supermarkets have expressed grave concerns about having to provide export health certificates for each food item in their lorries heading for Northern Ireland supermarkets, do the proposals that he will be putting to the Joint Committee involve doing away with export health certificates on such goods altogether?
The Minister will know that Unionism is looking closely at how the Government address our very valid and principled opposition to the protocol. These are not teething problems, and the Chair of the Northern Ireland Committee should desist from using such dismissive language. Does the Minister agree that continuing to ignore one section of our community would be reckless when the foundation of political progress in Northern Ireland, which I want to see protected, is predicated on cross-community consent? Does he also agree that as the mechanics of east-west are broken by this protocol, it is inconceivable that north-south mechanics will continue to operate with the consent of the wider Unionist community?
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