Lords Committee publish call for evidence on continuing impact of the Protocol on Ireland/Northern Ireland

The Sub-Committee published an introductory report into the socio-economic and political impact of the Protocol in its first seven months of operation in July 2021. The Committee is now undertaking a follow-up inquiry into developments in relation to the Protocol since then, including the outcome of the Northern Ireland Assembly elections on 5 May and reports that the UK Government is considering bringing forward domestic legislation in relation to the Protocol. 

The Committee began taking oral evidence from witnesses, including economists, business and trade union representatives, in March 2022 before the commencement of the Northern Ireland Assembly election campaign, and will continue to take evidence during May.

The Committee now welcomes submissions of written evidence from anyone with experience or expertise of the issues under investigation.

The deadline for the submission of written evidence is 9am on Monday 6 June 2022.

Read the call for evidence and find out how to submit evidence.

The sub-committee is seeking answers to the following questions:

Overview

• What is your assessment of the overall socio-economic and political impact of the Protocol on Ireland/Northern Ireland since the publication of this Committee’s introductory report in July 2021? What lessons can be drawn from the Protocol’s operation since it came into force?
• How can the current political impasse between the UK and the EU over the Protocol be resolved?

The practical impact of the Protocol

• What would you identify as the main practical issues that have arisen in relation to the Protocol’s operation, including both for GB and Northern Ireland-based businesses? To what extent have these issues been ameliorated or exacerbated over the past year?
• Which aspects of the Protocol’s operation are creating most difficulties? Which practical modifications to the operation of the Protocol would make it operate more effectively?
• What impact has the Protocol, and UK withdrawal more broadly, had on trade flows between Great Britain, Northern Ireland and Ireland, and between Northern Ireland and the EU? What trade data is available to illustrate these impacts?
• What is the impact of regulatory divergence between the UK (in respect of Great Britain) and the EU upon the operation of the Protocol and the ability to identify solutions to the current problems?

Benefits and potential opportunities

• What, if any, benefits has the Protocol had for Northern Ireland, and what, if any, potential opportunities might it provide for? 

Alternatives to the Protocol

• Is there a viable alternative to the Protocol? To what extent would such alternatives address the priorities and concerns of each side?

Social and political attitudes to the Protocol

• How would you characterise the attitudes of the communities in Northern Ireland in relation to the Protocol? Are these attitudes evolving, and what impact is this having on inter-community relations?
• What impact has the Protocol had on continued political instability and uncertainty in Northern Ireland, and vice versa? In the context of the outcome of the May 2022 Northern Ireland Assembly elections, how can these political disagreements over the Protocol be overcome?
• How can concerns about the perceived democratic deficit at the heart of the Protocol, in view of the continued dynamic application of significant areas of EU law to Northern Ireland in the absence of UK participation in the EU institutions, be addressed?

The UK and EU approach

• What is your assessment of the UK Government’s approach to and management of the impact of the Protocol since the publication of its Command Paper in July 2021?
• What would be the political, legal and socio-economic impact if the UK Government a) brings forward domestic legislation in relation to the Protocol, and/or b) uses the safeguarding mechanism contained in Article 16 of the Protocol?
• What is your assessment of the EU’s approach to and management of the impact of the Protocol over the past year, including the publication of its four ‘non-papers’ in October 2021? Has it done enough to take account of concerns over the Protocol?
• Are the EU’s proposals sufficient to mitigate the impact of the Protocol on movement of goods between Great Britain and Northern Ireland?

Do you see any grounds for compromise between the UK and EU’s positions that would respect both sides’ concerns?