Commons Sense

House of Commons · Ministers' Questions

Northern Ireland Protocol: EU Negotiations

Wednesday 27 October 2021 · 7 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 0 Partly answered 7 Not answered 0

Key points

  • We have been in discussions with the EU since the publishing of the EU's proposals on 13 October to understand the detail of some of the headline claims made.
  • It is important to have these negotiations to ensure a mechanism to deal with any issues arising from the EU's proposals.
  • The legal text has been shared with the EU, and not with Northern Irish political leaders, to allow for private negotiations.

Topics (select to filter)

Questions & Answers

Q1 Carol Monaghan SNP
Northern Ireland
Context

The EU published proposals for the Northern Ireland protocol on October 13th, and the UK government responded with a Command Paper in July.

Question

What progress has been made on negotiating a permanent settlement on the Northern Ireland protocol with the EU since the publication of the EU's proposals?

Answer from Brandon Lewis

We have been in discussions with the EU since the publishing of the EU's proposals on 13 October in response to our Command Paper from July. We are seeking to understand the detail of some of the headline claims that the EU has made on issues such as sanitary and phytosanitary measures and customs checks. We continue to work closely with the EU and are hopeful that we will be able to bridge any gaps between our positions.

Partly answered

Not addressed: Did not specify a timeline for reaching a permanent settlement

How: We Are Seeking To Understand, Working Closely

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Q2 Carol Monaghan SNP
Northern Ireland Brexit
Context

A law firm Carson McDowell stated that not one business has raised concerns about the European Court of Justice or its role as the court of ultimate appeal under the Northern Ireland protocol.

Question

Why are the UK Government prioritising a Brexit purity issue in negotiations with the EU when it is completely immaterial to businesses in Northern Ireland?

Answer from Brandon Lewis

A whole range of businesses and business groups, as they work through the detail of the EU's proposals, have concerns about whether they cover enough to deal with the issues in Northern Ireland. It is important that we have these negotiations to ensure a mechanism to deal with any issues is one licensed there and more traditional in international agreements and transactions. The role of the ECJ does not provide stability for Northern Ireland businesses or indeed the political structure of Stormont.

Partly answered

Not addressed: Did not address why the issue is prioritized despite lack of business concerns

How: Businesses And Business Groups Have Concerns

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Q3 Louise Haigh Lab Sheffield Heeley
Northern Ireland
Context

Brussels has seen the legal text on changes to the protocol, but Northern Irish leaders are still in the dark.

Question

Why is the Secretary of State not sharing the legal text with Northern Irish political leaders?

Answer from Brandon Lewis

This is a legal text we have shared with the EU, and as we did with previous papers, it allows space for private negotiations. It is right that we do these negotiations in a proper business-like manner.

Partly answered

Not addressed: Did not commit to sharing the text urgently with Northern Irish leaders

How: Shared With Eu, Right That We Do Negotiations Privately

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Q4 Louise Haigh Lab Sheffield Heeley
Northern Ireland
Context

Politicians, communities and businesses in Northern Ireland are excluded from the negotiations.

Question

Does the Secretary of State accept that excluding Northern Irish leaders is unsustainable? Will he move talks to Belfast and give them a seat at the table?

Answer from Brandon Lewis

The politicians in Northern Ireland are involved, including regular engagements with both First Minister and Deputy First Minister. We also engage with businesses through the Business Engagement Forum, ensuring full involvement.

Partly answered

Not addressed: Did not commit to moving talks to Belfast

How: Politicians Are Involved, Engaging With Businesses

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Q5 Jeffrey M. Donaldson DUP
Northern Ireland Brexit
Context

There is a need to see removal of the Irish sea border for goods within the UK internal market.

Question

Does the Secretary of State agree that we need to remove the Irish sea border on the movement of goods within the UK internal market?

Answer from Brandon Lewis

I agree with the right hon. Gentleman; he is absolutely right that we need consistency for free movement of goods from Great Britain across to Northern Ireland, recognising our responsibility about goods moving into the EU.

Partly answered

Not addressed: Did not commit to removing checks and impediments to trade

How: Free Movement Of Goods, Recognising Responsibility

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Q6 Jeffrey M. Donaldson DUP
Northern Ireland Brexit
Context

Article 6 of the Acts of Union needs to be fully restored.

Question

Does the Secretary of State agree that in addition to resolving trading issues, he and the Government need to pursue full restoration of article 6 of the Acts of Union?

Answer from Brandon Lewis

We reiterate our commitment in the Command Paper that we need to remove burden on trade and goods with the UK, ensuring businesses and consumers in Northern Ireland can continue to have full access to goods from the rest of the UK. Article 6 ensures a full internal market and respects the principle of consent.

Partly answered

Not addressed: Did not commit to pursuing restoration of article 6

How: Reiterate Commitment, Full Access To Goods

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Q7 Richard Thomson
Northern Ireland Brexit
Context

Lord Frost recently stated that there could be no role for the European Court of Justice (ECJ) in arbitrating disputes around the Northern Ireland protocol. The question arises whether this now represents the UK Government's view, contrasting with their stance during negotiations and signing.

Question

If Lord Frost's statement genuinely reflects the current UK Government position, how does the Secretary of State prefer to see disputes arising from the protocol arbitrated and settled? If he cannot share the text with politicians in Northern Ireland or this House, can he at least provide an outline of such a solution?

Answer from Brandon Lewis

There are different mechanisms for arbitration in place when there are disagreements about international arrangements, including the withdrawal agreement. The EU's use of the ECJ with infraction proceedings around the processes in March highlights a one-sided approach that does not work well for Northern Ireland's stability and needs correction. We have outlined this position in the Command Paper, which will be part of ongoing negotiations with the EU.

Partly answered

Not addressed: Specific mechanism or outline of arbitration solution requested but only general comments provided without concrete details.

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