Commons Sense

House of Commons · Ministers' Questions

Northern Ireland Protocol

Tuesday 21 June 2022 · 6 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 5 Not answered 0

Key points

  • Minister had discussions with EU representatives and US Administration on the Northern Ireland protocol.
  • Government stated their Northern Ireland Protocol Bill is both necessary and lawful, aiming to uphold the Belfast/Good Friday agreement.
  • Minister emphasized the need for EU to change the protocol to address customs and VAT issues affecting Northern Ireland.

Topics (select to filter)

Questions & Answers

Q1 Stephen Farry
Northern Ireland Brexit
Context

Discussions about changes to the Northern Ireland protocol have been ongoing between UK and EU representatives.

Question

What recent discussions she has had with (a) EU representatives and (b) the US Administration on the Northern Ireland protocol?

Answer from Elizabeth Truss

We have been clear with the EU that the Northern Ireland protocol needs to change in order to uphold the Belfast/Good Friday agreement, ensure free flow of goods from east to west, and protect the north-south relationship. Our preference is for a negotiated solution, but in the absence of the EU being willing to change the protocol, we are pressing ahead with legislation.

Partly answered

Not addressed: Specifics about recent discussions with US Administration were not addressed

How: Pressed Ahead With Legislation

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Q2 Hilary Benn Lab Leeds South
Northern Ireland
Context

The Northern Ireland Protocol Bill has not yet found a date for its Second Reading. The protocol was described as being in perfect conformity with the Good Friday agreement by the Prime Minister at the time.

Question

I am grateful for that reply, but on the Northern Ireland Protocol Bill—which, we note with interest, has not yet found a date for its Second Reading—is there any precedent where the United Kingdom has cited the legal concept of necessity for overriding a treaty that it has freely entered into?

Answer from Elizabeth Truss

We are clear that our legislation is both necessary and lawful, and have published a Government legal statement laying out exactly why that is. Our priority as the United Kingdom Government is the Belfast/Good Friday agreement, and we know that the Northern Ireland protocol is undermining that agreement.

Partly answered

Not addressed: Specific precedent not provided

How: Legislation Is Both Necessary And Lawful

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Q3 Stephen Farry
Northern Ireland Brexit
Context

Business community in Northern Ireland wants mutually agreed solutions to protect access to the EU single market. Minister's Bill is seen as counterproductive.

Question

The business community in Northern Ireland is clear that they want to see mutually agreed solutions, and that those are the only way in which they can protect their access to the EU single market. The key ingredient in all this is trust and partnership. The Minister's Bill is entirely counterproductive in that respect, so what is her strategy for getting back around the negotiating table with the European Union to find those mutually agreed outcomes?

Answer from Elizabeth Truss

We are very open to negotiations with the European Union, but they have to be prepared to change the protocol itself. The problems we have with customs and people in Northern Ireland not being able to access the same VAT benefits as people in Great Britain are baked into the protocol itself, and the legislation we have introduced protects the EU single market while enabling free-flowing trade from east to west.

Partly answered

Not addressed: Specific strategy details not provided

How: Problems With Customs, Legislation Protects Eu Market

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Q4 Andrew Bowie Con West Aberdeenshire and Kincardine
Northern Ireland Brexit
Context

Negotiations with the EU on the Northern Ireland protocol have been ongoing without success.

Question

I hear what my right hon. Friend says about negotiating. We all agree that a negotiated settlement would be the best solution, but there is no point in negotiating with somebody who does not have a mandate to agree with any of the negotiation points being put to them. Does my right hon. Friend agree that it is up to the European Commission to change the mandate of its negotiator, Commissioner Šefčovič, so we can have those negotiations and come to an agreement?

Answer from Elizabeth Truss

My hon. Friend is absolutely right that we want a negotiated solution. We have been part of those negotiations for 18 months, but fundamentally the mandate does not allow for the solutions that will help restore the primacy of the Belfast/Good Friday agreement and get rid of the unacceptable frictions that we are seeing in east-west trade.

Partly answered

Not addressed: Details about changing mandate not provided

How: Want A Negotiated Solution

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Q5 David Lammy Lab Tottenham
Northern Ireland Brexit
Context

The protocol Bill risks the integrity of the Good Friday agreement, divides UK and EU, and is not enough to get DUP to commit to return to Stormont.

Question

The protocol Bill introduced to this House last week breaks international law. It risks the integrity of the Good Friday agreement. It divides the UK and the European Union at a time when we should be pulling together against Putin's war on our continent, and it risks causing new trade barriers during a cost of living crisis.

Answer from Elizabeth Truss

I am afraid to say that nothing the right hon. Gentleman has just said is accurate. The fact is that our Bill is legal, and we have laid it out in a legal statement. We are putting forward solutions—a green lane and a red lane—that protect the EU single market as well as allowing goods to flow freely around the United Kingdom.

Partly answered

Not addressed: Details about breaking international law not addressed

How: Bill Is Legal, Solutions In Bill

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Q6 Alyn Smith
Northern Ireland
Context

The EU has negotiated changes to refine the Northern Ireland Protocol, and there are dispute resolution mechanisms within it. The MP notes that most people in the Northern Ireland Assembly support the protocol.

Question

I am puzzled by the idea that the Government need to invoke necessity when there are already other ways of fixing this situation through negotiations with the EU. Most people in the Northern Ireland Assembly support the protocol, and I argue that bringing forward an illegal Bill undermines trust at a critical time when it is fundamental to resolving matters.

Answer from Elizabeth Truss

We have been very open to negotiations for the past 18 months, but the EU has refused to change the protocol. The customs procedures in place are preventing trade between Northern Ireland and Great Britain, leading to trade diversion towards north-south trade. This undermines the Belfast/Good Friday agreement. It is necessary for the UK Government to act by changing the negotiating mandate so that we can have a real negotiation.

Not addressed: The legality of the Bill and its necessity as claimed by the Government were not addressed directly.

How: Changing Subject To Eu'S Unwillingness, Blaming Customs Procedures For Trade Issues

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