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Category: Northern Ireland

  • Peter Kyle – 2022 Speech on the Northern Ireland Protocol Bill

    Peter Kyle – 2022 Speech on the Northern Ireland Protocol Bill

    The speech made by Peter Kyle, the Labour MP for Hove, in the House of Commons on 27 June 2022.

    I want to begin with an apology to the victims of crimes committed during the troubles in Northern Ireland; they were expecting the Committee stage of the Northern Ireland Troubles (Legacy and Reconciliation) Bill today. Several had booked and paid for their plane and train tickets, so their money has now been wasted. For the Government, changing the parliamentary timetable might be trivial, but for victims and their families, such behaviour only adds to the pain and frustration of decades of hurt. And it exposes the truth—that Northern Ireland and its unique sensitivities are not taken seriously by this Government.

    As the right hon. Member for Maidenhead (Mrs May) said, if time were truly important, as the Government’s legal argument of necessity implies, this Bill would have been introduced as emergency legislation, or at least rushed through. There is only one real necessity in this Bill, at this time, and that is to try to distract from the catastrophic performance at the ballot box last week, and to fire the starting gun for the Foreign Secretary’s leadership bid. Once again, the Tories’ civil war is infecting our politics. Once again, Northern Ireland is paying the price. This House deserves better. Northern Ireland deserves better. Victims of the troubles certainly deserve better.

    The Government claim to be acting on behalf of communities in Northern Ireland by tearing up the protocol, yet in the very same week they are simultaneously ignoring the opposition from all Northern Ireland communities, because opposition to their Bill to deal with the murders and acts of terror during the troubles is universal. Every party from every community opposes it, yet the Government plough on. They are picking and choosing parts of the Belfast/Good Friday agreement according to whatever their political needs are in any particular moment.

    For example, one justification for tearing up the Government’s Brexit deal is the loss of community support for the protocol. This totally ignores one essential fact: the Government never had it to start with. The DUP and Unionists have been very consistent from the very beginning when it comes to the protocol: they opposed it. When Ministers were drafting and negotiating the protocol, the consent of the Unionists was never sought and never given. As the right hon. Member for North Thanet (Sir Roger Gale) said, they even voted against it in this House. How can it now be claimed to have disappeared? It was never there to begin with.

    In fact, when the Prime Minister presented the protocol to Parliament in 2019, he said in response to Lord Dodds that

    “the people of this country have taken a great decision embracing the entire four nations of this country, by a simple majority vote that went 52:48 and which we are honouring now.”

    He went on:

    “I think that principle should be applied elsewhere, and I see no reason why it should not be applied in Northern Ireland as well. It is fully compatible with the Good Friday agreement.”—[Official Report, 19 October 2019; Vol. 666, c. 581.]

    That was the Prime Minister speaking here, to this House, on 19 October 2019. We now have an entire Bill that reveals that the Prime Minister was not truthful with the House as he tried to sell the protocol.

    Let us turn to another promise made and broken by this Government. Page 5 of the Tory manifesto could not be clearer. It says: “No…renegotiations.” So when the Foreign Secretary says, as she did at the Dispatch Box earlier, that the EU not agreeing “to change the text of the protocol” is her basis for this Bill, it exposes yet another broken manifesto promise. Fourteen million voters who believed that promise have been betrayed.

    All this is perfectly in line with the Government’s approach to Northern Ireland: they pick and choose issues depending on whether they serve whatever grievance they happen to have and be peddling at any moment in time. Their approach is reckless and neglectful. When the politics of Northern Ireland demand sustained, diligent support, the Government look the other way. When the Northern Ireland Executive collapsed in February, the Prime Minister did not visit Stormont to fulfil the vital role of honest broker to help the parties to find a way forward. He did make it to Saudi Arabia, India and the United Arab Emirates. Five months later, and only when the challenges in Stormont became unignorable, he found time for a fleeting visit.

    The biggest challenge facing Northern Ireland is not the protocol; it is this neglectful Government. All parties in Northern Ireland want to see progress on the protocol. We on the Labour Benches have called for the EU and the Government to get back around the negotiating table. There are large areas of common ground that show that successful negotiation is possible, as my right hon. Friend the Member for Leeds Central (Hilary Benn) outlined eloquently. The UK, the EU and all parties in Northern Ireland have identified areas of improvement, and many of them clearly overlap. This appears to be the only negotiation in history that has failed because everyone agrees. We have consistently said that the EU must show more flexibility over Northern Ireland, but the way to unlock it is by engaging and negotiating—the very things that Britain used to be good at.

    The overwhelming number of issues raised in the Bill are negotiable, with statecraft, diligence and graft. Take the veterinary agreement that New Zealand negotiated and signed with the EU. There were no rows, no psycho drama and no lawbreaking legislation. They just sat around the table and put in the hard work. With statecraft, diligence and graft, it is possible to reach an agreement on outstanding issues with the protocol. A veterinary agreement and a data sharing deal would remove the need for the vast majority of remaining checks. That is what this ultimately comes down to: identifying those remaining products that face undue red tape in their journey to Northern Ireland. With Britain’s great history of instigating, supporting and delivering global historic agreements, is it not reasonable to expect our Government to just get on and deliver it?

    That is why we oppose the Bill. It takes us further away from the negotiated progress that is the only way forward. It is worth putting the scale of the current Tory incompetence in perspective. The previous generation, including John Major and Tony Blair, negotiated a framework that delivered peace in Northern Ireland. This lot cannot even negotiate a prawn sandwich across the Irish sea.

  • Jim Shannon – 2022 Speech on the Northern Ireland Protocol Bill

    Jim Shannon – 2022 Speech on the Northern Ireland Protocol Bill

    The speech made by Jim Shannon, the DUP MP for Strangford, in the House of Commons on 27 June 2022.

    It is a pleasure to speak in this House on any occasion, and it is an even bigger pleasure to speak on this issue of tremendous importance to everyone across Northern Ireland and, indeed, across the whole United Kingdom of Great Britain and Northern Ireland. We have heard some fantastic speeches, and I thank all those who have contributed positively.

    It is not a secret that I am very pleased to be the MP for Strangford, and it is probably one of the highlights of my life. It is always a pleasure to reflect my constituents’ views in this Chamber, and the majority of them are very clear in their opposition to the border down the Irish sea and the restrictions it imposes. Ninety-nine per cent. of businesses in my constituency have expressed concern.

    I think the hon. Member for North Down (Stephen Farry) said businesses are doing well. My constituency is not far away from his, but he is in a different world. I do not understand what he is on about. At last week’s Northern Ireland questions, the Secretary of State said 200 businesses have stopped trading between the United Kingdom and Northern Ireland. Well, at least 200 businesses in my area alone are not trading today, so I suspect the number is greater.

    If farmers take their cattle to Carlisle market and they do not sell, they have to pay to put them in quarantine for six weeks before they can take the cattle home, all because of the problems with the protocol. My fishermen in Portavogie—I also represent the fishermen in Ardglass and Kilkeel because their MP does not come to this place, but that is up to him, although he will speak in Parliament Square—face extra tariffs, bureaucracy and red tape. For them and for the engineering works, the car salesmen and the nurseries, the protocol is not working. People do not buy seeds from nurseries in Great Britain any more, as a packet of seeds that cost £2 now costs £16. Those are examples of what my constituents face each and every day.

    Some Members tell us this only affects Unionists. No, it does not. Nationalists have come to me who feel afraid to voice complaints to their MP due to the fear of reprisals. I speak with confidence when I say that Northern Ireland, as a whole, needs this Bill not simply for its cultural identity, which is imperative, but for the financial viability of small businesses due to the EU’s vindictive approach to VAT and state aid. This affects not only those who are designated as Unionists but those who are designated as nationalists, too. It affects everyone in the Province, and it affects their pocket.

    As a boy, I recall Prime Minister Margaret Thatcher telling us that Northern Ireland is “as British as Finchley.” With the border down the Irish sea, it is clear to me that we are not as British as Finchley, but I want to be because I am very proud of my British heritage. I am very proud to have served in the British Army for 14 and a half years. I am very proud to be British and from Northern Ireland. I love to tell everybody that I am a Member of this Parliament. I love to tell people that I am from the United Kingdom of Great Britain and Northern Ireland, because it means something to me. It means something to every one of us sitting here, and it means so much that we want to have this Northern Ireland protocol brought forward in a way that can make us as British as you are. That is what I and my colleagues want to be, and we need this Northern Ireland Protocol Bill to make that happen.

    Delegates from other EU countries have shown an absolutely disgraceful disregard to the Unionist people of the Province. Boy, do they stink to the high heavens, and I say that without any doubt. If they are sitting and listening in Brussels, I tell them again that they stink to the high heavens. The quicker we are away from those ones, the better.

    This is a very simple issue that has been misunderstood, and clarity is needed as a matter of urgency. The protocol stops tax and VAT aid. It hampers small businesses from accessing their No. 1 market, makes Northern Ireland—my country—a third country and undermines the Belfast agreement. For the good of nationalists, Unionists and republicans—there are some here—the protocol must come to an end and we must allow common sense, common decency and common respect to be the bill of the day.

    As I said on the day we received prenotification of this, I am very pleased to see the changes relating to the Court of Justice of the European Union. I welcome them because they remove the direct jurisdiction of the Court of Justice over this place. It should be this place that makes decisions on behalf of the people of Strangford, Upper Bann, Lagan Valley, East Belfast and every other constituency. It should not be Brussels or the European Court of Justice, so I am very pleased to see that change. I have told the Foreign Secretary in the past—I think it was last September—that my hon. Friend the Member for North Antrim (Ian Paisley) asks questions about east-west and I ask questions about the European Court of Justice. I am very pleased to see the changes proposed by the Bill. That is very positive.

    Believe it or not, but from dog biscuits to daffodils, from picture frames to potato bread, from engine parts to eggs, and from artificial flowers to antibiotics, the EU has had ample opportunity to change its approach and allow trade to continue unhampered. The EU is like a giant sponge: it wants to take everything from you, but it does not want to give you anything. Tonight, we are asking for the EU sponge to be lifted off our back and for us to be given the same opportunities as the rest of the United Kingdom.

    For us, it is about making sure that the EU knows our place. It is past time to stop begging it and asking it to act like the sovereign state that we are. It is up to us to take back control of British produce and British protocol on behalf of British people. The Northern Ireland protocol has had a detrimental effect on people, from the working poor to wealthy business owners, and tonight we have the opportunity to make the necessary changes.

    I love this United Kingdom of Great Britain and Northern Ireland. That is no secret. It a pleasure and a privilege for me to be here. I am proud to have the Union flag flying above my house. I am proud to have the Ulster flag flying. I am proud to have the Queen’s platinum jubilee flag flying as well. That is what I am. I want to be as British as everybody else. Do the right thing for us.

  • Carla Lockhart – 2022 Speech on the Northern Ireland Protocol Bill

    Carla Lockhart – 2022 Speech on the Northern Ireland Protocol Bill

    The speech made by Carla Lockhart, the DUP MP for Upper Bann, in the House of Commons on 27 June 2022.

    I welcome this Bill and its Second Reading in this House today. I also welcome the fact that the Government now recognise the significant problems caused by the protocol and the damage it is doing to political stability, to community relations, to vast swathes of our economy in Northern Ireland and indeed to businesses in GB. The Bill is a recognition of, and an appropriate response to, the unreasonableness that is intrinsic within the protocol and the fact that, despite protracted engagement with the EU, the only thing more unreasonable than the protocol itself is the EU’s attitude. Its obstinate approach to those intent on finding common-sense solutions that will undo the damage we are seeing in Northern Ireland is what brings us here today. Those solutions, with good will on all sides, can work for everyone. That is what my party desires: solutions that work for, and can be supported by, everyone.

    I know that there are Members in this House who will rail against this legislation today, and we have heard some of them already. It is worth reminding the House that some of those are the same voices that have called for the rigorous implementation of the protocol but, having begrudgingly realised at least some of the issues with the protocol, they now say that the way to deal with the protocol is through negotiation, and no reasonable person is opposed to negotiation. Might I suggest, however, that they listen to Maroš Šefčovič, who holds some form of demigod status in the eyes of the SDLP and Alliance? He has stated adamantly that renegotiating the protocol is unrealistic.

    While those who oppose this Bill deal with the unrealistic, my party and now the Government are dealing with the real problems caused by the protocol: the huge administrative burden and associated costs foisted on businesses because of the sea border; the increase in transport costs that is making bringing goods to Northern Ireland more expensive; the banning of items being imported into Northern Ireland from other parts of the United Kingdom; and the constitutional change for which there is no consent. It is time for other parties to wake up. I commend the many Members right across the House who have spoken in support of this Bill today. The transfer window is open: Members can switch from team EU to team Northern Ireland, and it is time they joined those of us whose intent is to resolve these issues for the betterment of our economy. Also of fundamental importance is the urgent need to restore the principle of consensus that has been so fundamental to our political process.

    This House has heard in many debates on the withdrawal agreement and the protocol that the Belfast agreement must be protected, and Members on both sides of the House need to ask themselves whether they really mean that. If they do, they will recognise that consensus is the cornerstone of our political process. We need to get back to consensual progress, as the reality is that no Unionist elected to this place or the Northern Ireland Assembly—not one—accepts the protocol. That ought to be of concern to all who value the progress made in Northern Ireland, so I make a sincere appeal to the Members and parties who have met Unionist opposition to the protocol with ridicule, sneering and ignorant dismissal to ask themselves whether they share that desire to get us back on track to consensual progress, and to stop the slide into division and the destruction of what we have achieved.

    I urge the Government to stay on course and to ensure this Bill passes with haste and without amendments designed only to undo the proposed solutions contained within. We need to get Northern Ireland back on track, and I urge colleagues to back the Bill and help to do just that.

  • Stephen Kinnock – 2022 Speech on the Northern Ireland Protocol Bill

    Stephen Kinnock – 2022 Speech on the Northern Ireland Protocol Bill

    The speech made by Stephen Kinnock, the Labour MP for Aberavon, in the House of Commons on 27 June 2022.

    It is a pleasure to follow the hon. Member for North Antrim (Ian Paisley).

    As a patriot, I find that many things make me proud to be British, but perhaps what makes me proudest of all is that so many people and so many Governments across the world see Britain as a law-abiding country that plays by the rules; as a country that is a consistent, reliable and trustworthy international partner; as a country that treats its allies with respect and always defends the rules-based international order; as a country that acts in good faith and has a sense of fair play hardwired into its DNA; and as a country that is capable of tremendous feats of statecraft such as the Good Friday agreement—one of the proudest achievements of any Labour Government. Yet here we are this evening, debating a Bill that takes a unilateral wrecking ball to an international treaty that the Prime Minister himself signed and described as “an excellent deal” just 30 months ago.

    Let us be clear: this Bill fundamentally undermines our reputation as a nation that upholds the rule of law. This really matters, because geography is destiny. Whether the Conservative party likes it or not, what happens on the European continent is of pivotal importance to Britain’s security and prosperity. When Europe thrives, we thrive; when Europe slumps, we slump; and when Europe fights, we fight.

    Matt Rodda (Reading East) (Lab)

    My hon. Friend is making an excellent speech, and, obviously, speaks on the basis of great experience internationally. I presume that he is about to refer to the events in Ukraine. Does he agree that not only is the Ukraine war a very pressing issue on which we need to co-operate fully, but there are many other international crises with which we are currently dealing as a country—including the climate emergency—and that it is therefore vital for us to work in partnership with our colleagues?

    Stephen Kinnock

    My hon. Friend makes an excellent point. He understands that foreign policy begins at home, and that if you do not have your own house in order, your ability to project influence, to build alliances and to speak with moral authority is fundamentally undermined.

    From trade to diplomacy, from defeating Putin’s barbarism to tackling the climate emergency, and from scientific co-operation to responding to the rise of an increasingly authoritarian China, our democratic partners and allies across the channel should always be at the heart of our foreign policy. However, instead of recognising that basic reality, Ministers are stuck in what my right hon. Friend the Member for Tottenham (Mr Lammy), the shadow Foreign Secretary, has called

    “a fever dream of 2016”.

    Rather than seeking constructive solutions, they pick fights with our closest neighbours and introduce this deeply destructive Bill, which is a clear breach of international law, and which is designed solely to inflame tensions and chase Daily Mail headlines.

    With inflation soaring, with the country facing a cost of living crisis, with war on the European continent, this is the worst possible time for the Bill to arrive; so why are the Government doing it? Who in their right mind would seek to sow division when, now more than ever, we need to be standing shoulder to shoulder with our European friends and partners? The explanation is clear. The Prime Minister has made a calculation, and, as usual, his calculation has nothing to do with the national interest and everything to do with saving his own skin. The Prime Minister knows that it is the European Research Group and its fellow travellers who are calling the shots, and he knows that he must have their support if he is to continue to squat in Downing Street. Just like his two predecessors, he has found that his fate now lies in the hands of the ERG, and just like his two predecessors, he seems foolishly to believe that he can appease the members of the ERG by throwing them some red meat from time to time.

    It really is extraordinary that Conservative Prime Minister after Conservative Prime Minister has failed to learn a simple lesson of 21st-century British politics, which is that you can never satisfy the members of the ERG. No matter how much red meat you throw to them, their hunger will never be sated: they will always come back for more. Right now they are once again at the height of their powers, because the outcome of the no confidence vote has maximised their leverage and given them a Prime Minister who, when they order him to jump, responds by asking, “How high?” Not only that; it has given them a Foreign Secretary whose leadership ambitions depend on their support.

    So the planets have aligned for the ERG—but for our country, not so much. Out there in the real world, the impacts of the Prime Minister’s botched Brexit deal are being felt by working families and businesses across the country. Our exporters are suffocating under mountains of red tape, import frictions are driving inflation up, and next year we are forecast to have the lowest growth of any country in the G20, apart from Russia. The fact is that the Conservatives are unable to point to a single net economic benefit of the disastrously bad deal that they negotiated—not one.

    Indeed, when the Minister for Brexit Opportunities and Government Efficiency was asked to name a single benefit of the Prime Minister’s botched deal, the only thing he could come up with was the fact that the road signs in the Dartford tunnel could be changed from metres to yards. You could not make it up, Madam Deputy Speaker. It is almost as absurd as the apparent legal basis for this Bill, which we are told is the doctrine of necessity, which requires “grave and imminent peril”. But if the peril is so imminent, why have the Government chosen a route that will involve months of passage through Parliament? We know the answer to that question too, because the only thing that is in grave and imminent peril is the Prime Minister’s job.

    The fact that the Prime Minister’s botched Brexit deal is so clearly failing to deliver any of the economic benefits that were promised is bad news not only for the jobs and livelihoods of the British people but for our relations with the European Union and our international reputation more broadly. The more obvious it becomes that the deal is fundamentally flawed and failing, the more the Prime Minister and others who heralded it as a triumph when they signed it will start looking for scapegoats, pointing fingers and lashing out. They will blame the EU. They will blame those who voted remain. They will blame the civil service and they will blame the judges. In short, they will create a smokescreen of sob stories and grievances, which they hope will obscure their own profound incompetence. They will use the passage of this Bill and other ruses such as the Bill of Rights and the Rwanda plan to whinge and rant about the saboteurs and the conspirators, because they will always try to play the victim card. They will never stand up and take responsibility, and there is nothing patriotic about that.

    To sum up, the purpose of this Bill is not constructive; it is deliberately destructive. It is not seeking to solve a problem; it is seeking to fuel grievance and shirk responsibility. It is not diplomacy or statecraft; it is a piece of reputation-trashing vandalism, and this House should treat it with the contempt that it deserves.

  • David Simmonds – 2022 Speech on the Northern Ireland Protocol Bill

    David Simmonds – 2022 Speech on the Northern Ireland Protocol Bill

    The speech made by David Simmonds, the Conservative MP for Ruislip, Northwood and Pinner, in the House of Commons on 27 June 2022.

    I was struck by the comments of the hon. Member for Bristol South (Karin Smyth) about how, when we in this place debate issues relating to Ireland, we often do not pay sufficient respect and attention to the complex politics of Northern Ireland. It is good that there has been a thorough airing of different perspectives in the debate; it has certainly illuminated my thinking.

    When we consider that Ireland remains the fourth largest destination for UK exports and the 10th largest source of imports into the United Kingdom; and that, for Northern Ireland, 40% of goods exports go to Ireland and 36% of imports come across from Ireland, it is clear that this is an important economic relationship. It is an important relationship in the context of addressing the cost of living and other things that we know are important from debates in the House.

    I am persuaded, as my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) outlined, that although we have many concerns about elements of the Bill, it is right to give the Government the benefit of the doubt and to create the space for a negotiation that, as we have heard, is happening in good faith, with a view to seeking an agreement to address these issues, while recognising that, if that goes wrong, we need the ability to protect our position in due course.

    Ruislip, Northwood and Pinner is a long way from Northern Ireland, but Northern Ireland is of enormous interest to my constituents, because my constituency has a very large number of small and medium-sized exporters and importers. I have heard from many of those businesses directly, including at constituency surgeries, that the issues that arise in this debate on Northern Ireland, and issues of international trade more generally, are incredibly important to them.

    Let me highlight an exciting judgment of the European Court of Justice, C-213/19, in respect of legal action taken against the United Kingdom for long-term, persistent failure to undertake proper border controls while we were a member of the European Union. By “long-term”, I mean that the failure goes back to at least 2005, so Governments of all parties have a degree of responsibility for this matter. Clearly, when we in this House talk about green and red lanes, or any other part of the United Kingdom’s international trading arrangements, it is important that we demonstrate that we have effective customs, and border controls in which people can have confidence. My small and medium-sized importers and exporters do not wish to be undercut by fake imported goods that are brought into the United Kingdom, which was for some time notorious among EU member states for failing to undertake this work properly, as the judgment highlights. We need to take that seriously.

    On our attitude to international law, I agree with my hon. Friend the Member for Aberconwy (Robin Millar) that it is not fair to draw a comparison with what is being said about the likes of Vladimir Putin. However, I recently visited the European Court of Justice in Strasbourg, where I heard about those who are charged with enforcing its judgments, many of which are about commercial disputes, property assets, and the ability of families to enforce their right to family life. I certainly heard that when it comes to enforcing judgments in countries where Governments are disinclined to follow the law, there is always a degree of pushback from the diplomats representing those countries, who say, “If a founding father state of the European convention on human rights says that it disagrees with those laws, why should we follow them?” That has an impact on my constituents, and on all our constituents. We need to demonstrate that we remain absolutely committed to upholding the highest standards of the rule of law.

    As we debate these issues, it is important to remain focused on the benefits that we expect future arrangements to bring to the people of Northern Ireland, which is part of our United Kingdom. Many Members have referred to the latest release from the Office for National Statistics, which suggests that London, where my constituency is, has had 2.3% GDP growth—a strong rebound from covid. The part of the United Kingdom with the second highest growth was Northern Ireland, with 1.4% GDP growth. It has been helpful to hear from Members on the Opposition Benches about some of the nuances of that—about what it means for services versus goods, and how that affects the communities of Northern Ireland, because we need to get this right.

    The complexity of the issue is demonstrated by a point made at the Dispatch Box at the very start of the debate: we must make sure that the benefits of our decisions extend to all parts of the United Kingdom. Let me give the example of the removal of VAT from environmentally friendly green energy products. On 7 December 2021, the Economic and Financial Affairs Council decided to enable the removal of VAT from all those products. About four months later, the same decision, which I very much support, was taken here and presented to this House. The benefit of it has been felt across England, Wales and Scotland, but we are told that it is not possible for Northern Ireland to have that benefit.

    When Ministers sum up, I ask them to explain why that is, given that the measure is also allowed under EU rules, and was allowed there before it was introduced here. Why have we not been able to ensure that people in Northern Ireland can benefit from the investment that the measure would prompt? It would ensure that homes and businesses enjoyed the highest standards of environmental friendliness.

    I will finish as I started. I will give the Government the benefit of the doubt this evening; as the Bill goes through the House, there will be an opportunity to explore many of the issues that I and others have raised. It is important to demonstrate that we are taking these issues extremely seriously, and demonstrate to our biggest trading partner the European Union and our people in our United Kingdom that we are determined to negotiate in good faith and reach agreement together.

  • Martin Docherty-Hughes – 2022 Speech on the Northern Ireland Protocol Bill

    Martin Docherty-Hughes – 2022 Speech on the Northern Ireland Protocol Bill

    The speech made by Martin Docherty-Hughes, the SNP MP for West Dunbartonshire, in the House of Commons on 27 June 2022.

    It is always good to follow the right hon. Member for South West Wiltshire (Dr Murrison), even though I am going to profoundly disagree with him.

    It is interesting that we now have a tantalising real-time example of what happens when a part of the UK is able to diverge from the current UK economic model. It turns out that not simply accepting lower growth than south-east England in perpetuity in exchange for a guaranteed lump sum can actually be quite beneficial, and so of course the UK Government want to put an end to it.

    It is important, however, to take a historical view of where we are. It behoves the British Government to remember their history, for their predecessors have been here quite a few times before. The end of the seven years war in 1763—a few folk here now might have been around back then—was a catastrophic success for a newly fledged Great Britain. As a result of victory over the perfidious Europeans, it gained supremacy over the North American continent and possessions elsewhere. Let me quote from Pulitzer prize-winning Professor Alan Taylor’s history of the American revolution, here quoting Henry Ellis, a colonial Governor:

    “What did Britain gain by the most glorious and successful war on which she ever engaged? A height of glory which excited the envy of the surrounding nations…an extent of empire we were equally unable to maintain, defend or govern”.

    Taylor adds:

    “Because of that triumph, the empire would reap a revolution in British America”.

    As we stand here in these sunlit Brexit uplands, we must also consider the price that this modern-day facsimile of Georgian Britain would have us pay for attaining their own heights of glory. Even then, the idea that this place—this legislature—should be supreme above all others led them to make similar mistakes.

    The contradictions of British North America were slightly different from those we face today. In short, while the colonialists liked to distinguish themselves from their French and Spanish rivals as more democratic because they had a form of self-rule—let us not call it devolution—we now know that that was somewhat erroneous, as that self-rule was very much restricted to Protestant landowners. While that made the ruling of the original 13 colonies relatively straightforward, the newly won possessions in New France did not fit that model, so this Parliament decided to pass the Quebec Act, which did not go down too well with the puritans in New England or elsewhere.

    The vastly expanded sphere of influence was also much more expensive to maintain. Therefore, despite the warnings that this would not be appreciated, taxes were levied for the first time on colonial possessions, first through the Sugar Act 1764 and then the Currency Act 1764 and the Stamp Act 1765. All the time, the consequences for those who were subjected to the legislation were ignored, and that slowly drove a wedge between England’s interests and those of its periphery. [Interruption.] Perhaps Ministers should listen. We know what happened next.

    I take us on that American detour because we live in hope that Ministers will reflect on how their wonderful wheeze, designed to reassert the primacy of this Parliament, will not work in places where people look to legislatures that are closer to them.

    Sir Jeffrey M. Donaldson

    Will the hon. Member give way?

    Martin Docherty-Hughes

    I will not, I am afraid, as I want to make some progress. Quite simply, be we in the 18th century or the 21st century, introducing legislation that damages the economic self-interest of those on the periphery to benefit those in the core will never end well, especially when, as in this case, it satisfies the desires solely of the parliamentary sovereigntist-fetishists, who do not represent any real majority, even in the core.

    Let me conclude with a quote from Edmund Burke, who was not only the father of conservatism but an Irishman and a Unionist to boot. Many will remember how in “Reflections on the Revolution in France” he said:

    “People will not look forward to posterity, who never look backwards to their ancestors. Besides, the people of England well know that the idea of inheritance furnishes a sure principle of conservation, and a sure principle of transmission”.

    But I think more pertinent to our discussions is what comes a few paragraphs later, where he said:

    “The institutions of policy, the goods of fortune, the gifts of providence are handed down to us, and from us, in the same course and order.”

    How providential it is, then, that this Conservative and Unionist Government’s blessed inheritance, and this state’s institutions of policy, are to repeat the same mistakes that have always been made. It is shame for the people of Northern Ireland that the economic and political damage of the Bill is to be visited on them in such a manner.

  • Andrew Murrison – 2022 Speech on the Northern Ireland Protocol Bill

    Andrew Murrison – 2022 Speech on the Northern Ireland Protocol Bill

    The speech made by Andrew Murrison, the Conservative MP for South West Wiltshire, in the House of Commons on 27 June 2022.

    It is always a great pleasure to follow the hon. Member for Bristol South (Karin Smyth), although I profoundly disagree with the implication that those of us who decided Britain’s place in the world was best served by leaving the European Union view the EU—let alone the Republic of Ireland, for goodness’ sake—as “the enemy”, to use her words. Clearly, that is not the case.

    My right hon. Friend the Secretary of State, who is winding up, will be spoilt for choice when it comes to commenting on speeches. If I may say so, however, in a brief period of time the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) pretty much nailed it with his assertion in an intervention on the hon. Member for North Down (Stephen Farry). The status quo is clearly not compatible with the Good Friday agreement and the Acts of Union, and the doctrine of necessity certainly applies in this case.

    It is remarkable, is it not, that the protocol’s supporters appear to be the opposition parties, while those who drafted it and are trying to change it sit on the Conservative Benches? I also enjoyed the remarks of one or two Opposition Members who appeared trenchantly to support the other place in the hope that it will defenestrate this Bill, which I sincerely hope it fails to do. That said, though I welcome this Bill, I hope it will be improved in Committee and in the other place, and in particular that some of the swingeing powers that it gives Ministers will be clipped.

    I have to say to Ministers, while assuring them of my support this evening, that I remain somewhat bewildered by their refusal to consider in a meaningful way triggering article 16. That is already available to them, and nobody has marshalled a creditable argument—certainly not one that satisfies me—that it could not or should not be done. The grounds for triggering article 16 are clearly there, in that we do not have anything approaching proper governance in Northern Ireland—not at all. Despite the May elections, the Assembly has failed to assemble and the institutions are not working.

    Surely to goodness, those are grounds—the strongest grounds possible—for triggering article 16. They are far stronger, I must say, than the grounds chosen by the President of the European Commission early in 2021 to trigger this thing, albeit very briefly and ignominiously, on the grounds of trying to prevent vaccines from transiting from the Republic of Ireland to Northern Ireland.

    Sir Robert Neill

    My right hon. Friend makes a very important point. Does he agree that, from a legal perspective, if article 16 were to be triggered, at least we would be able to argue that we had used all means available to us under the protocol, as is necessary to meet the necessity test—in other words, that the state has exhausted all the options open to it before it acts unilaterally? That is exactly the value of using article 16.

    Dr Murrison

    I absolutely agree with that. It is argued—of course it is—that triggering article 16 is meant to be temporary. Those of us who have been around a bit realise that temporary very often turns into something far more permanent. However, that would certainly be a reasonable first step in dealing with this situation, which pretty much all of us—apart from the SDLP—agree is unsatisfactory. I am still unsure, despite the earlier remarks of my right hon. Friend the Foreign Secretary, why the Government are not doing that. The Secretary of State, when he winds up, may like to address that.

    I would also like to know where in this legislation there is a threat to the single market. Trade between Northern Ireland and the Republic of Ireland is pretty much a rounding error—a point that has been made by others. Companies such as Sainsbury’s do not exist in the Republic of Ireland, so goods going to Sainsbury’s in Northern Ireland from GB cannot possibly land up on Sainsbury’s shelves in the Republic, because there are none. There are more checks on this border than on the border with Chile, and checks for what? It is not clear to me why we need checks at this point in time, since we have an agreement on tariffs and we have standards and regulations that have not yet had the opportunity to diverge.

    Many contributors today have talked about the doctrine of necessity, but what they have not mentioned is that there is a second part to that doctrine; it is a lesser part, but it is germane nevertheless. It does not deal with grave or imminent peril; it allows parties to rescind an obligation if to do so would not

    “seriously impair an essential interest of the states towards which the obligation exists or of the international community as a whole.”

    Where in this Bill, and where, indeed, in triggering article 16, would the threat to the single market come from? Indeed, I would argue, as Ministers certainly have, that the Bill is helpful in many respects to the single market, and it certainly is to the internal market.

    So why is the EU doing all this? Why is it not giving Mr Šefčovič the powers he needs in order to negotiate properly with, first, Lord Frost and, secondly, the Foreign Secretary? We can all suggest geopolitical reasons for not doing that, and of course some member states are perfectly happy, for their own benefit, with the status quo. The Republic of Ireland is probably rather enjoying the current export opportunities as a result of Northern Ireland being unable to get what it needs from GB. But we have to hope that the EU, even at this stage, will recognise the damage this is doing to the Good Friday agreement and the prospects of ongoing peace and harmony in Northern Ireland, and that it will, even at this late stage, consider the interests of the people of Northern Ireland first, in which case this Bill will not be needed.

    The Government, in my view, signed the Northern Ireland protocol in good faith. They were entitled to receive the same back from the EU, but after 18 months it is plain as a pikestaff that that reciprocation has not happened. It is not as if there are not technical solutions to the current problems. I wrote about this in my report when I chaired the Northern Ireland Affairs Committee. It distresses me that, all this time later, nothing appears to have been done about the recommendations that I made, and that others have made subsequently, to deal with this perfectly elegantly. Of course, things may very well get worse, with the SPS offset through the movement assistance scheme likely to be viewed as ultra vires by the European Court of Justice, and the prospect of energy VAT—I hope very much that it will be reduced in GB—not being reduced in Northern Ireland, completely contrary to the Good Friday agreement and the Acts of Union.

    The right hon. Member for Leeds Central (Hilary Benn), who is no longer in his place, said that the EU “needs to move”. It does, but it will not; I hope this legislation gets it moving.

  • Karin Smyth – 2022 Speech on the Northern Ireland Protocol Bill

    Karin Smyth – 2022 Speech on the Northern Ireland Protocol Bill

    The speech made by Karin Smyth, the Labour MP for Bristol South, in the House of Commons on 27 June 2022.

    Thank you, Madam Deputy Speaker. I will see how we go.

    Exactly six years ago today, following the Brexit referendum, we had a statement in this House from the then Prime Minister, and more than two hours of questions took place. I believe I was the only non-Northern Ireland Member of Parliament to raise the issue of the Northern Ireland border. Specifically, I referenced my own family who live on both sides of that border. My family are from Cavan and some of my family now live in Fermanagh. I spend a lot of time there crossing the border. It has always been personal to me. I witnessed and saw the benefit of the removal of the physical infrastructure throughout the 1990s. However, throughout most of the last six years—Members who were not here at the time have referenced it—Northern Ireland has received very little attention. It has always been an inconvenience to the Brexiteers, who have never really articulated a solution to the conundrum of the unique circumstances on the island of Ireland. Too many hon. Members on both sides of the House do not know or understand the history.

    Clearly, among the European Research Group or somewhere, a briefing pack is circulating that starts at 1800 with the Act of Union, moves swiftly on to 1998, and finds us here today. It would well behove many hon. Members to walk along the corridor to the Library and check the Hansard from this place throughout the 19th and 20th century. It would behove Conservative Members to understand the arguments between Disraeli and Gladstone about that “coming storm” from the west, because it is different now from it was throughout those times. Careless words spoken in this place throughout those two centuries have an impact across Ireland—in the Republic and in Northern Ireland.

    Peace and stability must always guide us—we all want that—but nothing in the Bill does anything to bring peace and stability to Northern Ireland. It gives no power to people in Northern Ireland, but all the power to singular Ministers in this Government. The Foreign Secretary told us today that she has had no agreement from the parties that they will go back to Stormont, and the powers given to the UK Government Minister are complete and unfettered with no accountability.

    A key part of the Belfast/Good Friday agreement, which no one seems to want to mention but which has always been important for bringing peace and stability across communities, is the mutual interest and mutual respect between the UK and Irish Governments for the two communities that exist in Northern Ireland. The Conservative party does not like it, but Ireland remains a member state and is that mutual interest. When people talk casually about the EU being the enemy, they really mean that Ireland remains an enemy. For the Brexiteers, there has always been one solution to the problem of Northern Ireland, which is for the Irish to leave the European Union.

    Brexit has never been about the UK leaving; it has always been about the destruction of the European Union. The solution for the Brexiteers—for the ERG that now controls the Conservative party—is for Ireland to leave, but that is not going to happen. Ireland has been successful in the European Union, which has transformed society and the lives of people there. That is the realpolitik. The unique circumstances on the island of Ireland have not changed. Somehow, we need to remind the Conservative party and other hon. Members of that place.

    With the dual regulatory system, Northern Ireland is on the cusp of either great prosperity or economic failure. It is our duty to decide on which of those paths we want to support people there. We could choose the investment that awaits—being the fulcrum between the EU and the United Kingdom is potentially exciting for business and prosperity in Northern Ireland—or we could chose stagnation, indecision, fighting in the courts, and debates about the niceties of legal arguments and international treaties of the last 200 years, which would frighten off the investment that is crucial for prosperity and security.

    It is not just personal now for me. The instability that breaking an international agreement causes definitely has an impact on businesses and people in my Bristol South constituency. Our international reputation as a safe place to do business, our stability and our rules-based economy are being totally trashed and shredded by the Government.

    In my remaining minute, I will alert hon. Members to the inquiry of the Public Administration and Constitutional Affairs Committee, of which I am a member, into international treaties. We have heard from Lord Frost and last week we heard from Professor Bartels from the University of Cambridge. When asked about the state of necessity, Professor Bartels said that

    “you resort to a defence of necessity when it is necessary, in other words you don’t have anything else.”

    The ultimate test of legislation is whether it will work, and it is clear that this will not work. It is a distraction—a distraction from the psychodrama within the Conservative party, and the Prime Minister—and it is truly shameful.

  • Robin Millar – 2022 Speech on the Northern Ireland Protocol Bill

    Robin Millar – 2022 Speech on the Northern Ireland Protocol Bill

    The speech made by Robin Millar, the Conservative MP for Aberconwy, in the House of Commons on 27 June 2022.

    Before I start, I would like to comment on the quality of the debate that we have had. I have been really encouraged that Members in all parts of the House have contributed and we have heard many different views. This is a reflection, too, of the conversations I have had around this place over the past few weeks in the run-up to the debate. I welcome that engagement across the House on all these points.

    At its heart, this is about the Union. It is a question of principle. The right hon. Member for Leeds Central (Hilary Benn) said that this was a Bill born out of desperation, not principle, but I would argue exactly the opposite. This starts with principle. For me, it starts with the ruling of the Northern Ireland Court of Appeal that the Acts of Union were subjugated by the Northern Ireland protocol. It is imperative, then—a point well made by the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson)—that while we consider issues of trade and the peace agreements, we also consider the integrity of the Union. All these are important and each must be addressed, but all can be addressed only if the integrity of the Union underpins them.

    With regard to trade, the Bill restores free movement of goods within the UK. However, it also respects the integrity of the EU single market through the introduction of green and red channels. I would suggest that this meets the test set by my right hon. Friend the Member for Maidenhead (Mrs May) for delivering the aims of the Bill.

    With regard to governance and jurisdiction, my hon. Friend the Member for Stone (Sir William Cash) mentioned the democratic deficit that exists within Northern Ireland. I would suggest that the Bill meets that requirement through rejecting the jurisdiction of the EU and the European Court of Justice because with that residents of Northern Ireland have no control over the laws that are set and that must govern them.

    Sir Jeffrey M. Donaldson

    I thank the hon. Member for his point. If I may, I will just return briefly to the point he made prior to that. At no stage has this Government or my party ever called for a hard border on the island of Ireland. That is why we support this solution, but is he aware that, by threatening retaliation, the only people who are now talking about a hard border on the island of Ireland are the EU? If it is a trade war, the EU will not leave the border unsupervised on the island of Ireland, and it has threatened to remove the right of Northern Ireland companies to trade across the border in those circumstances—that cannot be policed in any other way than on the border itself—so it is the EU that is threatening a hard border on the island of Ireland through retaliation and, by extension, it is threatening the Good Friday agreement.

    Robin Millar

    The right hon. Member makes a strong point that I will come on to address in just a moment.

    I would make the case that the Bill meets the second test of my right hon. Friend the Member for Maidenhead (Mrs May) on reputation. What self-respecting nation allows itself to be split and part of it to fall under the governance of another unaccountable power? That cannot be the reputation that this Union wishes to pursue.

    Thirdly, on the question of the integrity of the United Kingdom, clause 1(c) states that the Bill

    “provides that enactments, including the Union with Ireland Act 1800 and the Act of Union (Ireland) 1800, are not to be affected by provision of the Northern Ireland Protocol”.

    That, I suggest, meets the test of legality. There might be questions about necessity, as my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) pointed out, but my reason for supporting this Bill lies in the imperative of what the Court of Appeal said. It said that the Acts of Union have been subjugated, and that is reason enough for me.

    The right hon. Member for Tottenham (Mr Lammy), when he was challenged as to whether he would change the protocol, declined to answer what changes he would make or how they could be delivered. He did, however, make a good point when he said that we must focus on what works and that, I suggest, is what the Bill is trying to do. It is a Bill that provides a solution, seeks to address the issues of trade, respects and seeks to restore cross-community consent and, most importantly, restores the integrity of the UK while at the same time protecting the integrity of the EU single market.

    This is not a perfect Bill. I have concerns about the sweeping powers within it given to Ministers. I suspect that, subject to further debate—I hope that the Bill will rapidly progress without delay through this House—those might be considered. However, I will support this Bill with enthusiasm, because there is a legal basis for action. As I have said, the Court of Appeal has set that by indicating that the Acts of Union have been subjugated. As my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) said, it means that inaction is not an option. I will finish with this question for hon. and right hon. Members. If it is the case that our Acts of Union have been subjugated, and if, as my right hon. and learned Friend says, inaction is not an option, then if not this Bill, what? If not now, when will we restore the integrity of our Union?

  • Robert Neill – 2022 Speech on the Northern Ireland Protocol Bill

    Robert Neill – 2022 Speech on the Northern Ireland Protocol Bill

    The speech made by Robert Neill, the Conservative MP for Bromley and Chislehurst, in the House of Commons on 27 June 2022.

    This is a profoundly serious debate, because it is a profoundly serious thing for any country to depart from its international obligations. It is not an impossible thing to do, but it is a profoundly serious thing to do, and it should be done only under circumstances of the most exceptional nature and on the most profound and compelling evidence. That, again, is possible, but we need to test whether we are yet there.

    Against that background, I start by saying that everybody accepts the importance of the Northern Ireland protocol as an attempt to reconcile conflicts that were inevitable post Brexit, given the nature of the Brexit that was decided upon. Equally, we must be honest and say that, despite best endeavours, it has failed to reconcile those problems. Therefore, I accept as much as anyone that it does need to change, and change significantly.

    I recognise that there are economic dislocations, not in all of the Northern Ireland economy, but enough for it to be a serious problem, and certainly the non-functioning of the Executive at the very least gives rise to the risk of real societal divisions and tensions. Those are circumstances where it is envisaged that there might be changes, but we have to think about whether we are acting proportionately and wisely in what we do.

    Looking at the position legally, it is this: logically, there is already a route set out in the protocol by which these matters can be addressed. If there is to be change, there is of course provision in article 13.8 and subsequent articles, and I think article 164 of the withdrawal agreement, for changes to deal with “deficiencies, or…situations unforeseen.” One might well argue that some of the ways the protocol has been interpreted—largely, I would accept, because of the intransigence frequently adopted by the EU side and the unwillingness to extend Mr Šefčovič’s mandate—have contributed to that. That might make a case for acting under those articles.

    I also accept that the protocol was never expected to be permanent; it was always envisaged that it could be changed. Equally, however, all that presupposed that it would be changed by negotiation, rather than unilateral action. That is the difficulty we must face here. How do we reconcile the primacy of the Good Friday agreement, which I accept both politically and legally, and the need for adjustment with maintaining our reputation as a country that sticks by its word? Pacta sunt servanda, as we all say.

    How do we get around that? The Bill, as currently drafted, does not achieve that. It could do, were it to be amended, and that is why I do not take the view that we should exclude the idea of legislation to act in the way envisaged, but it needs some serious thought. At the moment, as I have suggested elsewhere, it raises as many questions as it answers—and we do not have the answers.

    If we are not to go down the route of renegotiated changes envisaged in the protocol, and there may be pressing reasons why that is not achievable in the timeframe available, we then have the ability under article 16 to take emergency safeguarding measures. Those have not yet been used. I agree with my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) that that might be an appropriate route to use. It might not solve all the problems, but, for reasons I will come to, I would suggest that legally it would put the UK in a better position were it then to seek to go further.

    If we are to rely upon necessity, as the Government do—I concede that it is a respectable and established concept in international law, but also one that, it is well known, must be used exceptionally and therefore rarely and with a high evidence threshold to be met—it would be much better to have exhausted all opportunities. Indeed, that is part of the doctrine. To invoke necessity, there must be a grave and imminent threat. I agree with my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) that it need not be immediate, but it must be something more than merely contingent or a possibility, and it must be evidenced.

    It seems to me that we do not yet have the evidence before us. Before this Bill passes its stages in this House, the Government, who are working on their evidence base and say they will be able to draw together the facts that can be applied to the evidence to substantiate the grounds of necessity, ought to come to the House with that evidence. Going forward, rather than having exceedingly wide Henry VIII powers, I would think it much preferable that we do as we did with the UK Internal Market Bill and require the Government, when they wish to disapply an element of the protocol, to come to the House and seek its endorsement, having presented that evidence to it.

    Similarly, I do not see why clause 18, with such wide powers to do virtually anything, is acceptable—that should come back to the House—or why it is necessary in clause 20 to seek to oust the jurisdiction of the European Court at this stage. As yet, the potential jurisdiction of the ECJ is at least contingent and potential, and therefore not pressing and immediate in relation to the doctrine of necessity.

    I will not support the Bill tonight, but I will not vote against it; I am deliberately abstaining tonight to see how the Bill develops. It could be amended into a workable form, but it comes with very many caveats and a lot of questions that Ministers need to answer. I hope they will seek to address those.