Protocol on Ireland/Northern Ireland: EU Proposals - Question

Part of the debate – in the House of Lords at 12:02 pm on 21st October 2021.

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Photo of Lord Kerr of Kinlochard Lord Kerr of Kinlochard Crossbench 12:02 pm, 21st October 2021

I am really puzzled by the Minister’s reply to the question from his noble friend, the noble Baroness, Lady McIntosh. Does he not acknowledge that in law the protocol is an integral part of the treaty? Does he accept that safeguard action under Article 15 of the protocol could not extend to abrogating Articles 12 and 5 of the protocol, which set out the role of the court? Does he accept that the EU could not conceivably agree to amend Article 12 to confer on a non-EU court the right to interpret EU law? If so, how would he deliver on his threat? Since it cannot be done legally, does he again envisage legislating to act illegally in a “limited and specific way”? If so, I do not believe this House would agree.