Chris Patten (Lord Patten of Barnes) has got another amendment through the Lord's. This is the tenth defeat for the government in the passage of this bill through the upper house (HERE). This effectively blocks the government from concluding a withdrawal agreement that hardens the border in Ireland or impacts the Good Friday Agreement. This is another amendment that will be awkward for the Commons since it puts into law commitments the prime minister has already made.
This amendment is as follows:
Before Clause 10, insert the following new Clause—
“Continuation of North-South co-operation and the prevention of new border arrangements
(1) In exercising any of the powers under this Act, a Minister of the Crown or devolved authority must—(a) act in a way that is compatible with the terms of the Northern Ireland Act 1998, and(b) have due regard to the joint report from the negotiators of the EU and the United Kingdom Government on progress during phase 1 of negotiations under Article 50 of the Treaty on European Union.(2) Nothing in section 7, 8, 9 or 17 of this Act authorises regulations which—(a) diminish any form of North-South cooperation across the full range of political, economic, security, societal and agricultural contexts and frameworks of co-operation, including the continued operation of the North-South implementation bodies, or(b) create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature—(i) physical infrastructure, including border posts,(ii) a requirement for customs or regulatory compliance checks,(iii) a requirement for security checks,(iv) random checks on goods vehicles, or(v) any other checks and controls,that did not exist before exit day and are not subject to an agreement between Her Majesty’s Government and the Government of Ireland.”
Mrs May has already created a circle that cannot be squared. This amendment would turn the circle into reinforced concrete. If it is rejected by Conservative MPs when it returns to the lower house, we and the Irish would be entitled to conclude that the government intends at some point to ditch the promise to avoid a border in Ireland and go for a hard Brexit come what may. It will also have implications for every other port that does trade with the EU, from Dover to Holyhead since it will mean border checks and delays everywhere.
The result would be a catastrophe for months, and not just in Ireland.
