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Northern Ireland Border
03 February 2022
Lead MP
George Eustice
Debate Type
Ministerial Statement
Tags
BrexitForeign Affairs
Other Contributors: 17
At a Glance
George Eustice raised concerns about northern ireland border in the House of Commons. A government minister responded. Other MPs also contributed.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Government Statement
Yesterday, Minister Edwin Poots directed his officials to suspend checks on goods from Great Britain entering Northern Ireland. Although the UK Government recognises that the current implementation of the Northern Ireland protocol causes significant issues and is seeking an alternative approach, they emphasise the need for peace and stability in Northern Ireland. The minister discussed with Minister Poots and acknowledged ongoing negotiations between the Foreign Secretary and Vice-President Šefčovič to address these concerns.
Julian Smith
Con
Skipton and Ripon
Question
Supports the government's negotiations but asks if civil servants implementing current rules should be backed by the letter of 1 April, given the absence of an Executive.
Minister reply
The officials in DAERA are taking legal advice; it would be preferable for the Northern Ireland Executive to resolve this issue on their own terms.
Question
Questions why the matter is being discussed and asks what steps will be taken by the UK Government to ensure adherence to international obligations under the protocol, seeking legal advice from which authority.
Minister reply
Minister Poots has taken legal advice, and civil servants in DAERA are taking separate legal advice on accounting officer issues. The agreement required no disruption or unnecessary checks for trade within the UK.
Bernard Jenkin
Con
Harwich and North Essex
Question
States this is a constitutional crisis, not just a technical problem, and suggests that the protocol needs to be scrapped and replaced.
Minister reply
The UK Government are motivated by their commitment to the Belfast/Good Friday agreement and seek important changes through negotiations with the European Union.
Question
Warns that parties have been warning of a crisis for months, states Sinn Féin will not allow discussion in the Executive, asks if HM Government will affirm non-interference and remove friction between GB companies and Northern Ireland.
Minister reply
Minister Poots believes checks are unlawful without express authority from the Northern Ireland Executive. The UK Government hopes the Executive can find a resolution.
Question
My right hon. Friend rightly characterises this as a devolved matter, and the Government have been clear about it. However, would it not have been better for the Minister in the Northern Ireland Executive to have informed my right hon. Friend before deciding on the directive because of its sensitivities and the importance of allowing smooth negotiations with Commissioner Šefčovič?
Minister reply
The UK Government are patient in negotiation and seek a negotiated reform of the protocol interpretation, as opposed to unilateral action by Edwin Poots.
Hilary Benn
Lab
Leeds South
Question
Given that checks administration is devolved but legal obligations for ensuring they are done rest on the UK Government under international law and the Northern Ireland Act 1998, do the Government intend to use their powers under section 26 of the Northern Ireland Act 1998 if checks cease?
Minister reply
The bar for using such reserve powers is high; currently, checks are continuing without breach.
Question
Given my constituency's large Northern Irish population and concerns about the constitutional crisis caused by the protocol, will the Secretary of State commit to reviewing it urgently to restore Northern Ireland’s position within the UK Union? Also, does he agree that a Labour solution aligning us with EU regulations is unacceptable?
Minister reply
The Government are committed to finding solutions to uphold the Belfast/Good Friday agreement and maintain trade between GB and NI.
Question
Does the Secretary of State agree that we need long-term, sustainable, legal pragmatic solutions for SPS and customs issues under the Northern Ireland protocol? Is it not counterproductive to undermine trust?
Minister reply
The UK Government seek changes to the protocol’s interpretation bilaterally with the EU to respect GB-NI trade.
Question
Given continued disruption and checks, does the Secretary of State hope that recent actions in Northern Ireland might be a wake-up call for the EU to negotiate a protocol replacement sooner?
Minister reply
The UK Government are motivated solely by defending the Belfast/Good Friday agreement.
Question
Given the Prime Minister's role in creating this problem and Northern Ireland’s impending crisis, will the Secretary of State urge the PM to demonstrate real determination to solve the overall protocol issue?
Minister reply
The Prime Minister is engaged; the challenge requires detailed work to make it operational.
Question
Given that 20% of EU checks are between GB and NI, with most goods circulating within the UK single market, will the Secretary of State assure the House he will always put Northern Ireland’s interests above the EU's?
Minister reply
The Government secured easements for retailers; the EU’s legalistic approach to inspection is arbitrary.
Sammy Wilson
DUP
East Antrim
Question
Given the principle of consent under the Good Friday agreement and its application in other cases, would the Secretary of State agree that the real responsibility lies with the EU to stop using Northern Ireland as a whipping boy?
Minister reply
Minister Poots understands requirements for consent; his understanding is similar.
Claire Hanna
SDLP
Belfast South and Mid Down
Question
The DUP is executing a series of reckless stunts today to try to regain some political memorandum and distract from the terrible mess that it has made, but removing officials and collapsing the Executive solves nothing. It damages trust, it undermines the culture of lawfulness that many of us are trying to foster and it risks vital legislation on climate, education and many other things that have been left hanging since the last governance black hole. I believe that it will also prevent the Executive from spending the money announced in this Chamber today to mitigate rising fuel prices. It is very disturbing that the UK Government seem content to shrug their shoulders and collude with this. What is the Minister’s clear message to businesses today, including those large retailers that are sending goods into Northern Ireland? Is it that they should continue to follow the legally mandated rules as outlined in the trade and co-operation agreement and the protocol, or should they collude with this stunt and undermine international law?
Minister reply
On the latter point, the legal obligations that exist apply to the relevant authorities, whether that is the UK Government or indeed the Northern Ireland Executive, so businesses should continue as normal. There is no legal liability to businesses for continuing to trade with Northern Ireland under any circumstances. On the former point, I hope that I have made it clear in everything I have said that the UK Government hope that the Northern Ireland Executive will continue and that they will pull together and find a resolution to this problem. That is the right thing to do.
Karin Smyth
Lab
Bristol South
Question
This is really the most farcical of situations among a number of farcical situations. It seems to me that what the Minister is saying here today is that everything is as was and as normal and traders can continue. Mr Poots seems to have lawyers; I wonder whether the Government’s lawyers are involved in any of this. It seems to me that the Government are involved in wishful thinking, following on from the question asked by my right hon. Friend the Member for Leeds Central (Hilary Benn) about what happens next. Can the Minister tell us what is plan B?
Minister reply
I am here to give the House an update on the current situation, which I am doing in all the detail that I am able to. If events change, I am sure there will be an opportunity to have to further such exchanges.
Sarah Olney
Lib Dem
Richmond Park
Question
I do not agree with all the points made by the hon. Member for Harwich and North Essex (Sir Bernard Jenkin), but on one point he was correct. This is not an operational issue but a constitutional one. Can we expect a further statement from the Secretary of State for Northern Ireland on all the points raised around that matter today?
Minister reply
I know that my right hon. Friend the Secretary of State for Northern Ireland has been engaged in these matters over the past week or so as events have been developing. I am sure that there will be many opportunities for the Northern Ireland Office to bring such statements before the House should there be anything new to report.
Jim Shannon
DUP
Strangford
Question
Does the right hon. Gentleman agree that the people of Northern Ireland have been kept in the call waiting queue for long enough? We hear continual EU platitudes that our opinions are important, while they simply entrench further into the protocol. We are determined that now is the time for the call to be taken, for our voice to be heard, for our problems to be addressed and for justice and UK parity to be restored. Does he agree that since the EU and its government have continued to stall, there are now no options available to the people of Northern Ireland other than major steps that were a last resort and are now the only resort?
Minister reply
The Government have been clear throughout that, where there are legitimate grounds to use article 16 of the withdrawal agreement, we reserve our right to do so. We also, as I said earlier, have considerable patience for a negotiated outcome. Our preference is still to get that negotiated outcome. That is why my right hon. Friend the Foreign Secretary will be having further conversations this afternoon.
Shadow Comment
Julian Smith
Shadow Comment
The shadow supported the Government’s efforts to improve the protocol but questioned whether civil servants should be left unsupported in implementing current rules. He emphasised the importance of adhering to agreements while seeking improvements, highlighting the need for clear direction from the British Government.
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