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Category: Northern Ireland

  • Richard Thomson – 2022 Speech on the Northern Ireland Protocol Bill

    Richard Thomson – 2022 Speech on the Northern Ireland Protocol Bill

    The speech made by Richard Thomson, the SNP MP for Gordon, in the House of Commons on 27 June 2022.

    I rise to speak in line with the basis of our reasoned amendment, namely that we believe that this Bill breaks international law.

    We have already had to stumble our way through the consequences of a Brexit deal that was supposedly oven-ready. Quite frankly, what is proposed in this legislation is no better. The fact is that, if this Bill does not break international law, it is an act preparatory to doing so.

    I will start my remarks by being as helpful as I think I can be to the Government. First, I hope I can understand and at least empathise with some of the concerns of people in Northern Ireland over how aspects of the protocol are working or, as they would view it, not working. Secondly, I do not consider it unreasonable in and of itself that, in the light of experience, the Government should seek to try to renegotiate aspects of the deal that has taken effect. However, I am firmly and clearly of the view that this is absolutely not the way to go about trying to achieve that objective.

    I am bound to observe that, although we are here to talk about a Bill on the Northern Ireland protocol, the issues here do not only affect Northern Ireland. We are subject to a withdrawal agreement that does not work for Scotland or, I would contend, any other part of the United Kingdom. There is much rhetoric from the Government about our precious Union, but it is a Union under the stewardship of a Government who did not pay a great deal of attention to the concerns or priorities of the majorities in Scotland and Northern Ireland who opposed Brexit. If relations are to be rebalanced across these islands, whether that is cross-community in Northern Ireland or even cross-Union, some recognition of those points by the Government is long overdue.

    Jim Shannon

    I was very fortunate to have the hon. Gentleman in my constituency, where I gave him the opportunity, which I know he enjoyed it, to meet some of the Unionist community groups, the fishermen and the elected representatives. Every one of those people, as he will remember well, conveyed to him the unfairness of the Northern Ireland protocol and the impact it was having on fishing and on the community. He will know that the local people he met were very fearful of a future where the Northern Ireland protocol was retained. Does he understand those issues, and will he express that in the Chamber as well?

    Richard Thomson

    I recall that visit with great fondness, particularly the discussions we were able to have in Portavogie, and I am extraordinarily grateful to him and to everybody I met when I was last in Northern Ireland for the chance to discuss these matters. As I have said, I certainly hope I can empathise with and understand some of the issues raised there; if he will allow me to make some progress, he might see where there are perhaps areas of agreement and also, inevitably, some areas of divergence.

    Richard Graham

    It seems to me that the fundamental issue of debate is whether the EU would move on the implementation issues that it claims are the only problem. For the EU, it is not a question of renegotiation, but of implementation. It has said that it believes that customs formalities can be reduced by about 80%, and the same with sanitary and phytosanitary checks, and that the expanded trusted trader scheme could solve many of the problems. How confident is the hon. Gentleman that those things will be delivered, given how long this has been going on for and the affect already evident in Northern Ireland?

    Richard Thomson

    It certainly appears to me that there is a potential landing zone between what has been proposed by the European Union and what has been proposed by the UK Government—indeed, there is a bit of an overlap. I would offer to come along with Ministers, but they might feel that reinforcements had arrived and somehow weakened their position. Nevertheless, there ought to be a landing zone here for those of goodwill and good faith.

    Even as a supporter of Scottish independence, I find it utterly inconceivable that any Unionist Government would have signed up to the kind of arrangements that placed a trade border down the middle of the Irish sea while denying they were doing any such thing. All the issues inherent in the protocol could have been avoided had the UK Government maintained a modicum of statecraft and respect for all parts of the Union, acknowledged the limitations of the mandate they had from the Brexit referendum and remained in as close alignment as they could with the single market and customs union, thereby minimising the economic harms we have seen to the UK since then and ensuring that no part of that precious Union was left behind. Yet even now it seems that the Government have not learned from their mistakes. The Scottish Government were not consulted by the UK Government before they took this action. I believe I am right in saying that the UK Government did not even afford the Scottish Government the courtesy of a phone call in advance to advise of these plans.

    It has also been reported that the UK Government did not consult their top legal adviser—the First Treasury Counsel, Sir James Eadie—on the legality of their move. So we have a UK Government who are in contempt both of international law, as we have seen in other matters, and domestic law. Aspects around the Prime Minister’s current travails are bad enough, but to stand up and use the full authority of a ministerial office to say that which is not gets right to the heart not just of the problems being presented by the protocol in its current form but of the fitness of the Prime Minister, or anyone aspiring to replace him.

    Bob Stewart (Beckenham) (Con)

    It is clear that the protocol is not working, and Northern Ireland business is suffering. In what way does this Bill act to the disadvantage of the European Union, because it seems to me that it is a very good way forward?

    Richard Thomson

    Well, it seems to me that whether it disadvantages or not is not something that Her Majesty’s Government get to decide. While I am clear that there are problems with the protocol, clearly there are aspects of it that are working very well, as indeed those on the Treasury Benches have admitted. I will set out some of the examples, particularly over trade, where it is not having the impact that we are told, in all aspects, that it is. I come from the point of view that trust has been broken between the UK Government and the people of all these islands, as well as between the UK Government and our international partners. That gets right to the nub of the issues about trying to renegotiate it.

    We should not really need to say this, but it is absolutely vital that the UK Government should be able to respect the international obligations that they enter into freely. Lord Butler, who was head of the civil service for 10 years, has said that this country has repeatedly criticised states like Russia and China for breaking the rules-based international order and yet now holds that it is perfectly justified in breaching international law itself. It seems that in this Bill we are going from a “limited and specific” breach to something that is potentially extensive and egregious. General Sir Richard Barrons, the former chief of joint forces command, who served in Afghanistan, Iraq and Northern Ireland, has said that

    “what the government is proposing is short-sighted tactics which will do much harm strategically in the wider world. In fact what is being done is particularly stupid.”

    He went on to warn that these moves will empower our adversaries as

    “it will undermine us with our enemies by giving them the opportunity to accuse us of hypocrisy when we call them out for breaking the rules-based international order. It will also undermine us with our allies who will doubt whether they can rely on us to keep to an agreement, keep to our word.”

    Dr Murrison

    I am listening to the hon. Gentleman with a great deal of interest. He is right to defend international law and international treaties. Did he raise the concerns he has just expressed when the European Union was busy breaking those treaties—for example, over subsidies to Airbus?

    Joanna Cherry

    Whataboutery!

    Richard Thomson

    My hon. and learned Friend says it very eloquently in one word: whataboutery.

    We have been brought here by 40 years of political dysfunction in the Conservative party and the various neuroses it has had over Europe. The exceptionalists of the “punch above our weight” brigade to be found extensively, but not exclusively, within the European Research Group, where research seems to be at a premium, have led us to this point, in the process shredding any reputation that the UK might have preserved either for good, stable government or adherence to international norms.

    Whatever the bluff and bluster, and personal agendas that might be at play—I notice that the Foreign Secretary is no longer in her place—it is of course the UK’s exit from the EU rather than the protocol that created this difficult situation, because there were only ever three options that would allow this particular circle to be squared: a return of a border on the island of Ireland, close alignment between UK and EU regulatory standards to reduce the need for checks, or checks to be carried out at the main Northern Ireland ports. The further that there is a diversion from the single market and the customs union, the harder the border then eventually becomes.

    Sir William Cash

    Is the hon. Gentleman aware that in 1937 de Valera himself actually tore up the Anglo-Irish treaty in exactly the same kind of way as he is accusing other people of doing?

    Richard Thomson

    The hon. Gentleman seems to be confusing me with a representative of the Government of Ireland; that is an interesting historical diversion that I would be more than happy to discuss with him later, but I am not exactly certain how germane it is to this particular discussion. It seems a little bit recondite to say the least.

    The Government have presented a precis of the legal advice. The Law Society of Scotland has identified a number of provisions in the Bill that it believes to be inconsistent with the UK’s international law obligations. Because of the amount of time available and the fact that we are only on Second Reading, I do not intend to go into those points in any great depth or delve unnecessarily into the horrors of the empowerment of Ministers that the Bill represents—the Henry VIII powers. However, I just specifically highlight the issues that the Bill creates given that article 4 of the withdrawal agreement states expressly that the UK cannot legislate contrarily to its commitments through primary legislation.

    We now get on to necessity, which is ultimately the justification that the Government are using. As I understand it, that rests on two key points: first, that there is effectively, when viewed from London, no detriment to the single market from these measures; and secondly, that this underwrites the Government’s wishes to protect the UK single market and the Good Friday agreement. That argument was neatly eviscerated by my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry) in an earlier intervention, but there are three points that instantly leap out at me. First, as I have said, whether or not there is detriment is a largely subjective measure. Whatever unilateral assertions might be made on this, whether or not there is detriment requires to be determined in another manner.

    Secondly, making an invocation of necessity must not seriously impair an essential interest of another party, and it is quite hard to argue that this could not at least be at risk of happening. Thirdly, it is not particularly credible now to cite the protocol as harming the single market or the Good Friday agreement when it was cited by HM Government as a means of protecting both those things. The Prime Minister wanting to override a deal that he himself was happy to claim credit for, in terms of having got Brexit done, during his 2019 election campaign is not the strongest basis for sustaining that argument.

    With regard to the economic effect, Northern Ireland has clearly lagged behind the rest of the UK in economic performance in recent decades. For some reason, it is currently outpacing every other part of the UK, except, perhaps predictably, London. There must be some reason why that might be, and I do not know whether anyone can help me with it, but perhaps there is a clue—

    Sammy Wilson

    If the hon. Gentleman were to examine the economic performance in Northern Ireland, he might find that, surprisingly, it is the service sector that has increased, by seven times more than the manufacturing sector, and of course the service sector is not covered by the protocol at all.

    Richard Thomson

    Manufacturing also seems to be doing quite well, as I recall. Perhaps having a foot in both markets and easier access to both, in contrast to counterparts on the other side of the north channel, might also be a reason for that.

    A survey by the Northern Ireland Chamber of Commerce shows that 70% of businesses now believe that that unique trading position with preferential access to both the EU and UK single markets presents opportunities for Northern Ireland, with the number of businesses reporting a significant problem dropping from 15% to 8%. While I would not seek to diminish in any way the problems that those 8% feel, that is perhaps an indication that many of the problems, at least initially, were because of the short lead-in time that was given and the lack of preparation and clarity ahead of the big changes that came in January 2021.

    To come back to my fundamental point, we need a protocol. The nature of Brexit means that there needs to be a protocol. It does not need to be exactly the same as this version, but what we absolutely do not need, in the middle of a cost of living crisis, is the prospect of increased trade frictions through needless conflict and a developing trade war with our largest and closest overseas market. That is what I very much fear this legislation, if enacted and utilised, would do.

    I believe that the way forward is through negotiations. Like the man asked to give directions, I would not be starting from this point, for a variety of reasons, and I need not detain the House on that. We need negotiations based on trust, good faith and co-operation. The UK Government would stand a much better chance of success if they were driven by that, instead of by this piece of legislative brinkmanship, and if they were to pursue measures that for once were motivated by a genuine desire to deliver the best possible outcomes out of this mess for all peoples on these islands, rather than simply pandering to the agendas of those in the tiny subset of the population who might have an influence over who the next leader of the Conservative and Unionist party might happen to be—a party that no longer seems to be very certain what it is here to conserve or to unify.

  • Simon Hoare – 2022 Speech on the Northern Ireland Protocol Bill

    Simon Hoare – 2022 Speech on the Northern Ireland Protocol Bill

    The speech made by Simon Hoare, the Conservative MP for North Dorset, in the House of Commons on 27 June 2022.

    Thank you, Madam Deputy Speaker. Ten minutes is the time usually taken to make opening remarks, and popularity is something that I have always shunned.

    The shadow Foreign Secretary is right: at the heart of this is trust or the absence of it—or, as she leaves the Chamber, the absence of Truss. Is the protocol perfect? No, it is not. The question, therefore, is not whether but how changes should be made. There are many ways to achieve change, but this Bill is not one of them.

    The Office of Speaker’s Counsel has provided a legal opinion to all members of the Northern Ireland Affairs Committee, and it raises enormous concerns about this Bill’s legality. The Foreign Secretary and others have tried to conflate—they have fallen into the trap of conflating—the resurrection of devolution and the protocol. Those are two very separate and different workstreams, and we need to decouple them. Treaty making is reserved to this place; devolution is the duty of the politicians of Northern Ireland. We can and should be able to see the resurrection of one and negotiation on the other, but to fall into the trap of conflating them, the result of which is this Bill, is very sad indeed.

    This is not a well thought-out Bill, it is not a good Bill and it is not a constitutional Bill. The integrity of the United Kingdom can be changed only via the Good Friday agreement. The protocol and trading arrangements do not interrupt or change the constitutional integrity of the UK, so I do not agree with those who try to position this as a constitutional Bill.

    Gavin Robinson

    Will the hon. Gentleman give way?

    Simon Hoare

    If the hon. Gentleman will allow me, I want to make a few more points.

    This Bill represents a failure of statecraft and puts at risk the reputation of the United Kingdom. The arguments in support of it are flimsy at best and irrational at worst. The Bill risks economically harmful retaliation and runs the risk of shredding our reputation as a guardian of international law and the rules-based system. How in the name of heaven can we expect to speak to others with authority when we ourselves shun, at a moment’s notice, our legal obligations? A hard-won reputation so easily played with—

    Dr Andrew Murrison (South West Wiltshire) (Con) rose—

    Simon Hoare

    I give way to my constituency neighbour.

    Dr Murrison

    My hon. Friend and constituency neighbour is making a good speech. Of course, the Bill is permissive legislation; meanwhile, negotiations are ongoing. He referred to a failure of statecraft—whose failure?

    Simon Hoare

    I think it is probably a failure of both sides, but a presumption of, “If I don’t get my own way on everything, I’m going to take my ball off the pitch; I’m going to act unilaterally, off my own bat” is not the way to do it. As a former distinguished Minister at the Northern Ireland Office, my right hon. Friend knows as well as I do that most Northern Ireland outcomes are based on compromise—on give and take, and on finding the place and the path of least resistance.

    This has been a failure of statecraft. I do not believe that the Bill passes the international test of necessity. It has to pass all the tests set out in the statute, and it does not. What, then, is this Bill? Is it a bargaining chip to try to browbeat the EU? Is it a bribe to right hon. and hon. Members in the Democratic Unionist party to get back around the table at Stormont?

    Sir Jeffrey M. Donaldson

    Will the hon. Gentleman give way?

    Simon Hoare

    Let me just finish on what the Bill might be, and then I shall of course give way to the right hon. Gentleman.

    Is the Bill a muscle flex for a future leadership bid? To sacrifice our national reputation on the altar of personal ambition would be shameful.

    Sir Jeffrey M. Donaldson

    The hon. Member for Bristol South (Karin Smyth) made a point on this subject earlier, but as a result of the protocol we have a democratic deficit in Northern Ireland. Many of the laws that now regulate how we trade with the rest of the United Kingdom are made by a foreign entity over which we have no say whatsoever, and our VAT rates are set by that foreign entity. There should be no taxation without representation. I do not need to be bribed to ask for what is the right of my people: democracy.

    Simon Hoare

    That is a point with which I have much sympathy, and which Committee members discussed with the Commission when we were there last December. The Commission is aware of that. Norway has Ministers of its Government in Brussels to discuss such things week in, week out. The EU and, as the right hon. Gentleman will know, Northern Irish business organisations are really keen to identify platforms whereby that democratic deficit can be in some way addressed. I agree with the right hon. Gentleman entirely. I am tempted to say to him, “Don’t shout at me; shout at the Ministers who advocated for the protocol and for us to sign and support it.”

    Sir William Cash (Stone) (Con) rose—

    Simon Hoare

    I am going to make some progress, if I may.

    I suggest that we have to be the party of the rule of law, or we are nothing. It is sad that we have to be reminded of that. This a power grab, with all these Henry VIII clauses. If we were being asked to pass powers to Ministers so we could polish an already superlative protocol, we might have some faith, but they have admitted that the results of what they negotiated have caught them by surprise—that they did not understand the import of what they were signing up to, or they did not quite understand the terms or the meaning of the words. We are told that they were surprised that the other side would expect us and them to fulfil the obligations we had negotiated.

    Given our deep understanding of the complexities and difficulties of the politics of Northern Ireland— I have little or no doubt that we can all unite on that—I suggest that to enter into something so lightly without understanding precisely all the details, and then to say, “We’re having to do this because we didn’t expect the other side to do it in the way that they want us to do it,” is for the birds. It is totally bonkers. The Government told us that, having reached a difficult compromise on the final text of the protocol, they expected the EU to do something else. With all the history, all we relied on was expectation.

    These Henry VIII clauses really will not stick. Seventeen of the clauses give unspecified powers to Ministers. Was taking back control about this Parliament handing powers to the Executive to use for unspecified purposes? Even worse, one clause tells us that powers will be used to change powers that might have been changed in the Bill if those changes are subsequently thought to have been wrong or ill-advised. That is not only someone marking their own homework, but someone copying somebody else’s homework and then claiming all the credit themselves.

    Sir Bernard Jenkin

    I find it astonishing that my hon. Friend has got eight minutes into his speech and he has still not mentioned the Belfast/Good Friday agreement.

    Simon Hoare

    My hon. Friend was obviously not listening, because I made it very clear at the start that the constitutional integrity of the United Kingdom is not touched by the protocol. The constitutional integrity of Northern Ireland within our United Kingdom is contained within the clauses of the Good Friday agreement—that is the only way. Anybody who tries to position this protocol—

    Gavin Robinson

    Will the hon. Gentleman give way?

    Simon Hoare

    I will not, if the hon. Gentleman does not mind, because of the time.

    Anybody who thinks that this is, in some way, a back door to a speeding up of the reunification of Ireland is fundamentally wrong.

    Colum Eastwood

    Will the hon. Gentleman give way?

    Simon Hoare

    I will not, but I know the hon. Gentleman will understand why.

    The argument of necessity is clearly not made. The Prime Minister himself wants to see this done by negotiation, and I agree with him. There is the option to trigger article 16 if the Government think that that is necessary. If the situation is as bad as some Ministers would have this House believe, one has to ask why they have not used the emergency brake of article 16, but have instead suggested a calm and tranquil Sunday afternoon walk through a bicameral system of legislative progress—something that will take 10 months. Either the data is as bad as they tell us it is—incidentally, it is not—in which case rapid action is required, or we are just going to do this, which suggests to me that this is all gamesmanship and muscle flexing. Belfast port is now handling a record amount of cargo; last year, it handled a record 25.6 million tonnes. The food and drinks sector is benefitting. More Irish businesses are buying stuff from Northern Ireland, which is good for Northern Ireland plc.

    The Henry VIII clauses are wrong, the purpose of the Bill is wrong, and the necessity for it is not proven. I ask this question sincerely of my hon. and right hon. Friends on the Conservative Benches. We are talking about playing fast and loose with our international reputation; playing fast and loose with our adherence to the rule of law; an Executive power grab with Henry VIII clauses; and pandering and giving way to some sort of political brinkmanship on one side of the very sensitive divide in Northern Ireland, which we cannot afford to treat as a plaything. If the Labour party were on the Government Benches and doing what is contained in this Bill, what would our response be, as Conservatives? We would say that this was a party not fit for Government. We would say that it was a party that does not understand or respect our traditions, and that does not understand the importance of reputation. For a fellow Tory to have to point that out to Tories is shameful. I ask my hon. and right hon. Friends to think about what this does to our party’s reputation and to our nation’s reputation, because both are in peril.

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

    David Lammy – 2022 Speech on the Northern Ireland Protocol Bill

    The speech made by David Lammy, the Shadow Foreign Secretary, in the House of Commons on 27 June 2022.

    Less than three years ago, the Prime Minister stood at the Dispatch Box seeking to persuade the House to support the withdrawal agreement that he negotiated with the European Union. It was, he said,

    “a great deal for England, Scotland, Wales and Northern Ireland.”—[Official Report, 19 October 2019; Vol. 666, c. 579.]

    He urged each of us

    “to show the same breadth of vision as our European neighbours”

    with whom he had struck the agreement. He reassured us that

    “Above all, we and our European friends have preserved the letter and the spirit of the Belfast/Good Friday agreement.”—[Official Report, 19 October 2019; Vol. 666, c. 571.]

    His deal, he argued, was

    “in perfect conformity with the Good Friday agreement.”—[Official Report, 19 October 2019; Vol. 666, c. 583.]

    Today, 18 months after it came into force, the Government are taking a wrecking ball to their own agreement.

    Ian Paisley

    I refer the right hon. Gentleman to the very good proposal, made a few moments ago by the right hon. Member for Leeds Central (Hilary Benn), that we should trigger article 16. Do Her Majesty’s official Opposition agree with that proposal? Does the shadow Secretary of State believe that article 16 should be triggered now?

    Mr Lammy

    What can I say to the hon. Gentleman? The Opposition think that there is a better way forward through negotiation, but at least the proposition that he suggests is legal. I will come on to that in a moment.

    Sir Edward Leigh (Gainsborough) (Con)

    The most important thing in all this is peace, and getting power sharing up and running. Will the right hon. Gentleman acquaint the House with the discussions that he has had with the DUP on the solution to the problem, given that the DUP refuses to rejoin power sharing unless the protocol is dealt with? I am sure that he has discussed this with the DUP.

    Mr Lammy

    In our discussions, the DUP had consistently said that it wanted a negotiated settlement—until it saw today’s Bill.

    Several hon. Members rose—

    Mr Lammy

    I will make some progress.

    Ian Paisley

    On a point of order, Madam Deputy Speaker.

    Madam Deputy Speaker (Dame Rosie Winterton)

    I call Ian Paisley on a point of order, but I hope that this is not a way of disrupting the debate.

    Ian Paisley

    Is it in order for the shadow Secretary of State to indicate that he has had negotiations with the Democratic Unionist party when no such negotiations have taken place, Madam Deputy Speaker?

    Madam Deputy Speaker

    I thank the hon. Gentleman for his point of order. He knows that he is well able to ask to intervene again on the shadow Secretary of State. It undermines our debates if we come up with endless points of order that interrupt them. It is not a fair thing to do. The hon. Gentleman will try to catch my eye later; I suggest that we try to respect each other in the Chamber.

    Mr Lammy rose—

    Ian Paisley

    Will the shadow Secretary of State give way?

    Mr Lammy

    I will not; I will make some progress.

    The Government are bringing the Bill to the House because they object to the text that they negotiated, and the choices that they freely made. They are asking each Member of the House to vote for a Bill that flouts international law. That proposition should never be put to hon. Members. The Bill is damaging and counterproductive. The strategy behind it is flawed. The legal justification for it is feeble. The precedent that it sets is dangerous and the timing could hardly be worse. It divides the United Kingdom and the European Union at a time when we should be pulling together against Putin’s war on the continent, and it risks causing new trade barriers during a cost of living crisis.

    John Redwood

    The protocol makes very clear the primacy of the Good Friday agreement for peace in Northern Ireland and says that the EU will respect our internal market. The EU is doing neither. What is the right hon. Gentleman’s policy to persuade it to do so?

    Mr Lammy

    Negotiate—just as Labour did to get the Good Friday agreement. We negotiate. We do not break international law and alienate our partners and allies not just in Europe but across the world, and the right hon. Gentleman should know better.

    As we debate the Bill, we should ask ourselves some simple questions. First, will it resolve the situation in Northern Ireland? Secondly, is it in the best interests of our great country? Thirdly, is it compatible with our commitment to the rule of law? Let me take each of those in turn.

    Layla Moran (Oxford West and Abingdon) (LD)

    Will the right hon. Member give way?

    Mr Lammy

    I will not at the moment.

    Let us deal with Northern Ireland first as context. None of us in this House doubts that the situation in Northern Ireland is serious. Opposition Members need no reminder of the importance of the Good Friday agreement, which is one of the proudest achievements of a Labour Government, together with parties and communities across Northern Ireland and the Irish Government in Dublin. It was the result of hard work and compromise, graft and statesmanship, a relentless focus on the goal of peace. It was born six months after Bloody Sunday. For more than half my lifetime, Northern Ireland endured the pain and violence of conflict and division. More than 3,500 people were killed. Thousands more were injured. Cities and communities were riven by intolerance and division. I remember what that conflict brought to my city, from the Baltic Exchange attack to the Docklands bombing. Above the door over there and other doors into this Chamber are plaques to Airey Neave, Ian Gow, Sir Anthony Berry, Robert Bradford and, most recently, to Sir Henry Wilson.

    Nearly a quarter of a century has passed since that hopeful Easter in 1998. Since then, we have seen transformational progress. A generation has grown up in a new Northern Ireland, harvesting the fruits of a hard-won peace. That legacy demands that all of us act with the utmost responsibility and sensitivity. We need calm heads at this moment and responsible leadership.

    We recognise that the operation of the protocol and the barriers and checks that were inherent in its design have created new tensions that need to be addressed. Unionists feel that their place in the UK is threatened, and we must listen to all concerns on all sides. We all want to see power sharing restored. The UK Government, the European Union and parties across Northern Ireland need to show willing and act in good faith. However, at its most fundamental level, the Bill will not achieve its objectives. The House cannot impose a unilateral solution when progress demands that both sides agree. This is not an act of good faith, nor is it a long-term solution.

    Only an agreement that works for all sides and delivers for the people and businesses of Northern Ireland will have durability and provide the political stability that businesses crave and the public deserve. Instead, the Bill will make a resolution more difficult. By breaking their obligations, the Government dissolve the little trust that remains; by taking this aggressive action, we make it harder for those on the other side of the table to compromise. On that basis alone, the Bill should be rejected.

    Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)

    I recognise the comments that the shadow Secretary of State has made about the Belfast agreement and the need for consensus. He is aware that there is not a consensus in support of the protocol; there never has been one, from day one, in Northern Ireland. I gave time—a lot of time—for the negotiations to progress, but that did not work because the EU fundamentally refuses to change the text of the protocol. If the shadow Secretary of State is serious about getting a solution that works, will he go to the EU and join the Government in making the argument that the EU needs to agree to a negotiation in which it is prepared to change the text of the protocol?

    Mr Lammy

    I am grateful for the right hon. Gentleman’s experience in these matters, and indeed when the protocol was being negotiated in the first place. May I say that I met EU ambassadors in London last week and made that very point? I point him to the speech that I made last week, in which I highlighted exactly what he has just said.

    Sir Bernard Jenkin

    I do not think that anyone in this House can doubt the right hon. Gentleman’s personal commitment to the Belfast/Good Friday agreement, after the remarks that he has made. As someone whose father was nearly blown up in the Grand Hotel, I share that passion, but the problem that the right hon. Gentleman has to grapple with is that he wants a negotiation. What if the EU will not negotiate? What would he do then? That is the position that we are in. We cannot elevate the protocol to be more important than the Belfast/Good Friday agreement. That is the necessity we face.

    Mr Lammy

    I accept the sincerity with which the hon. Gentleman makes his remarks. Let me just say that they have said that trust is at an all-time low. The question for this House is whether the Bill maintains or assists trust, given that ultimately this will be an agreement and it will be negotiated.

    Liam Byrne (Birmingham, Hodge Hill) (Lab)

    My right hon. Friend is making a brilliant speech. Is he aware of comments by the US trade representative Ambassador Tai, from Speaker Pelosi and indeed from a host of our American allies in Congress? They have been very clear with us that there will be no US-UK trade deal unless there is a durable way forward on the Northern Ireland question. Not only does this reckless approach risk destroying relations with the EU, but it puts a deal with America at risk.

    Mr Lammy

    My right hon. Friend is exactly right. I have been to Washington on three occasions in the past six months, and I can say that across the political divide, Republicans and Democrats have raised the issue. On my most recent visit, they were aghast; they had not seen the content of the Bill at that stage, but they were aghast at the proposition. Perhaps the Northern Ireland Secretary might tell us what our American friends and allies have said in relation to the Bill now that they have seen the draft.

    My second question is whether the Bill is in the best interests of this country. As we stand here today, Britain faces the worst cost of living crisis in decades. Inflation is at more than 9%, bills are rising, energy costs are soaring and supply chains are under pressure. It beggars belief why, at this time, the Government would choose to risk new frictions in our trading relations with the EU. They cannot get away with abdicating responsibility for this reckless conduct. If we choose to break a contract, we cannot plausibly expect the other side to take no action in response. We cannot claim that we did not foresee the consequences. Of course the European Union would respond, just as we would if the situation were reversed. I will wager that the Foreign Secretary would be one of the first people to complain if the boot were on the other foot.

    A game of brinkmanship with the European Union will only add to our economic problems, but this is not just about economic concerns, important though they are. We must also see the bigger picture. For four months, the Putin regime has fought a bloody war against Ukraine. As a Parliament, we have been united in our support for Ukraine and our staunch opposition to Russia’s aggression. NATO allies and European partners have stood together. How can this be the right moment to deepen a diplomatic row? How can this be the right time to tell our friends and partners that we cannot be relied on? I cannot help noting that some Conservative Members told us that the situation in Ukraine was too serious—that this was not the right time to change Prime Minister. Apparently, however, it is not serious enough to prevent us from starting a diplomatic fight with some of our closest allies.

    Thirdly, is the Bill compatible with international law? [Hon. Members: “ Yes.”] Quite simply, the Bill breaks international law. It provides for a wholesale rewrite of an international treaty in domestic law. One of the most troubling aspects is the dangerous legal distortion that is used to justify it. The doctrine of necessity is not an excuse for states to abandon their obligations. It exists to do precisely the opposite: to constrain the circumstances in which states can legitimately claim that their hand has been forced. It requires this action to be the “only way” possible to resolve the issue, but the Government have not used article 16 and still say that a negotiated solution is possible. It requires a grave and imminent peril, but the Government have chosen a route that will involve months of parliamentary wrangling to fix issues such as unequal VAT rates, which no reasonable person could consider a matter of grave peril. It requires the invoking state not to have contributed to the situation of necessity, but the problems are a direct result of the choices that the Government made when negotiating with the European Union. If they were not, we would not need to change the text of the protocol at all.

    Joanna Cherry

    The right hon. Gentleman is making a powerful speech, particularly on the legal points. He has listed all the problems with the Government’s legal note of advice. Does he, like me, find it interesting that, whenever any of us raise these points, no Conservative Member is capable of answering them?

    Mr Lammy

    The hon. and learned Lady knows that there is not a serious Queen’s Counsel in the country who would support the use of the doctrine of necessity in the way in which the Government have sought to use it, and I think that Conservative Members do as well.

    Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)

    If I heard him aright, the right hon. Gentleman indicated earlier that the Government should have used article 16. He said, “They have not yet used article 16”, indicating that they should use it before going down this road. It was, however, the hon. Member for Sheffield, Heeley (Louise Haigh), who I think is the shadow Northern Ireland Secretary, who said that triggering article 16 would “prolong and deepen” uncertainty in Northern Ireland and pose another huge risk to stability there. Does this now mean that the Government should have triggered article 16, or that they should not—or maybe that there is a disagreement, or maybe that it will not be decided until after the passage of the Bill?

    Mr Lammy

    I think that the right hon. Gentleman is putting words in my mouth. Article 16 arises in relation to the defence that the Government suggest: the doctrine of necessity—that is, they have not used it and the point of using it is that, at the very least, it would be legal.

    “Pacta sunt servanda”. Agreements must be kept. This is the essence of international law: the solemn promise of states acting in good faith and upholding their commitments to treaties that they have agreed. How would we react if a country we had renegotiated with did the same thing and simply disregarded the commitments we had mutually agreed on? I do not doubt that, if an authoritarian state used necessity to justify its actions in breaking a treaty in the manner the Government are proposing to do through this Bill, the Foreign Secretary and many of us across this House would condemn it.

    Since the right hon. Lady became Foreign Secretary, the Foreign Office has issued countless statements and press releases urging others to meet their international obligations. They include Iran under the joint comprehensive plan of action; China under the joint declaration of Hong Kong; and Russia under the Budapest memorandum. In just the last fortnight, the Foreign Office under her leadership has publicly called on Bolivia, Sri Lanka, Myanmar, Nicaragua, South Sudan, Eritrea and Ethiopia to meet their international obligations. Hypocrisy is corrosive to our foreign policy and I know that Members from across the House share these concerns.

    Chris Bryant

    I take this point from my right hon. Friend’s mention of the Budapest accord: when the UK signs a document, it really needs to stand by it. We did not stand by the Budapest accord either. We did not make sure that the text was proper before we brought it to Parliament, and that is one of the reasons we have the problems we have today, is it not?

    Mr Lammy

    My hon. Friend is absolutely right. When we use the word “honourable” across this House, it means something. It is about the integrity of this place and about the pre-eminent position that this Parliament and this country find themselves in on matters of international affairs. That is why this is such a sombre moment.

    Robin Millar (Aberconwy) (Con)

    The right hon. Gentleman is making a thoughtful speech and these matters deserve thoughtful consideration, but could he take advantage of his time at the Dispatch Box to tell us whether he would change the protocol? If so, how would he change it? How does he think the process of negotiation, which has failed so far, would achieve those changes?

    Mr Lammy

    I want to make some progress, but I have said that this party would negotiate, just as we negotiated the Good Friday agreement.

    Sammy Wilson (East Antrim) (DUP)

    The shadow Secretary of State has made much of the Government abandoning their obligations, but surely the obligation in the protocol was designed from the EU’s point of view to protect the EU single market. How does this Bill not give that guarantee to the EU, when goods going into the Republic will be checked, when there will be severe penalties on those who try evade those checks and when any firms producing in Northern Ireland will have to comply with EU rules when they are sending goods to the Republic? Surely that safeguards the single market and the obligations will be met.

    Mr Lammy

    Yes, it needs to be improved, but the question is how. What is the best method to achieve that? Is breaking international law and placing ourselves in a situation in which our EU partners do not trust us the best way?

    Mr Francois

    Will the right hon. Gentleman give way?

    Mr Lammy

    Let me just make some progress, because I have been on my feet for a long time and lots of hon. Members want to contribute to the debate.

    Our country’s reputation is a matter beyond party. It is hard won and easily lost. When this Bill was first mooted, the right hon. Member for Maidenhead (Mrs May) asked

    “what such a move would say about the United Kingdom and its willingness to abide by treaties that it has signed.”—[Official Report, 10 May 2022; Vol. 714, c. 38.]

    The hon. Member for Bromley and Chislehurst (Sir Robert Neill) said in a thoughtful piece on this legislation last week that our country

    “benefits greatly from our reputation for keeping our word and upholding the rule of law…We should be very wary indeed of damaging that standing.”

    The right hon. Member for North Thanet (Sir Roger Gale) said,

    “I don’t see how…any member of parliament can vote for a breach of international law.”

    Lord Anderson and Lord Pannick, who are among the most distinguished lawyers in the country, have called this Bill a “clear breach” of international law that

    “shows a lack of commitment to the rule of law and to a rules-based international order that damages the reputation of the UK.”

    And Sir Jonathan Jones QC, formerly the most senior lawyer in Government, has described the legal justification for the Bill as “hopeless.” This is, of course, the same distinguished lawyer who resigned last time the Government proposed legislation in violation of their own treaty commitments. On that occasion, the Secretary of State for Northern Ireland had the temerity to tell the House the truth about the Government’s plan to break international law in a “limited and specific way.”

    This Bill breaks the withdrawal agreement in a broad and extensive way while maintaining the pretence that it is somehow compliant. I am not sure what is worse—to be open about breaking the law or to dress up a treaty violation with this flimsy and transparent legal distortion.

    Mr Francois

    The right hon. Gentleman is making a thoughtful speech. Will he confirm to the House that he has actually read the Northern Ireland protocol? If he has read it, will he remind the House of what article 13.8 says about the ability to amend or even supersede the protocol entirely?

    Mr Lammy

    The right hon. Gentleman has, like me, been in this House for many years. This is too serious an issue for any shadow Minister or Minister not to have spent the whole weekend working hard on the Bill, as he knows. He also knows that we all come to this House hopeful of reaching agreement, but very conscious of the lawbreaking that is going forward, so of course I have read it.

    Undermining international law runs counter to Britain’s interest, damages Britain’s moral authority and political credibility, and risks emboldening dictators and authoritarian states around the world. It serves the best interests of those who want to weaken the rule of law, and it is unbefitting of this great country.

    This Bill not only contravenes international law but affords the Government extraordinary powers and denies proper respect to the role of this House. Fifteen of the 26 clauses confer powers on Ministers. The Hansard Society, not an organisation known for hyperbole, has called the powers given to Ministers “breathtaking.” Professor Catherine Barnard of Cambridge University has called these powers “eye wateringly broad.”

    Ministers may use these powers whenever they feel it appropriate. Clause 22 allows them to amend Acts of Parliament, and clause 15 gifts them the power to disapply other parts of the protocol, potentially including the article on democratic consent in Northern Ireland. Ministers could use secondary legislation to change not just primary law but an international treaty. This is a power grab so broad it would make Henry VIII blush.

    Clause 19 allows Ministers to implement a new deal with the European Union without primary legislation. Do Conservative Back Benchers really want to give any Foreign Secretary that power? This is brazen Executive overreach. It is an act of disrespect to Parliament and all MPs should reject it.

    Karin Smyth

    As well as disrespecting Members and Parliament, the Bill is extraordinarily disrespectful to the representatives of people in Northern Ireland who will have no say on these provisions, as the Secretary of State is grabbing all the power.

    Mr Lammy

    My hon. Friend makes a very important point. Should this Bill reach Committee stage, I hope that proper scrutiny and consideration will be given to the powers that the Foreign Secretary is taking for herself and denying this Parliament and Northern Ireland.

    Colum Eastwood

    Will the right hon. Gentleman give way?

    Mr Lammy

    I must make some progress, because I am very conscious that we will run out of time.

    As I have outlined, the Bill is damaging and counterproductive, and it is also unnecessary. We want to see checks reduced to an absolute necessary minimum, and there are practical solutions if we work to find them. Let us lower the temperature and focus on what works.

    For months, we have been urging the Government to negotiate a veterinary agreement with the European Union that could remove the need for the vast majority of checks across the Irish sea on goods travelling from Great Britain to Northern Ireland. New Zealand has such an agreement. Why cannot we have one? I do not believe that it is beyond the ability of a British Government to negotiate one. That could be the basis of other steps to reduce friction, including improving data sharing. I am not one of those people who believe that only the UK Government need to show flexibility; the EU has been too rigid as well. However, the only way forward is to work hard on negotiation and compromise. I believe that with hard work and determination, with creativity and flexibility, we can overcome those challenges.

    This Bill is not the way forward. It will exacerbate the problems it hopes to solve. It will gift Ministers unaccountable powers. It will divide us from our friends and allies in Europe when we should be united. It damages our country’s reputation. It will break international law. The rule of law is not a Labour or a Conservative value; it is our common inheritance. Since Magna Carta in 1215, it is no exaggeration to say that it is one of the greatest contributions that our country has made to the world. No party owns it. No Government should squander it. Britain should be a country that keeps its word. Let us stand for that principle and vote against this Bill tonight.

  • Liz Truss – 2022 Statement on the Northern Ireland Protocol Bill

    Liz Truss – 2022 Statement on the Northern Ireland Protocol Bill

    The statement made by Liz Truss, the Foreign Secretary, in the House of Commons on 27 June 2022.

    I beg to move, That the Bill be now read a Second time.

    We are taking this action to uphold the Belfast/Good Friday agreement, which has brought peace and political stability to Northern Ireland. The Northern Ireland protocol is undermining the function of the agreement and of power sharing. It has created fractures between east and west, diverted trade and meant that people in Northern Ireland are treated differently from people in Great Britain. It has weakened their economic rights. That has created a sense that parity of esteem between different parts of the community, an essential part of the agreement, has been damaged.

    The Bill will address those political challenges and fix the practical problems the protocol has created. It avoids a hard border and protects the integrity of the UK and the European Union single market. It is necessary because the growing issues in Northern Ireland, including on tax and customs, are baked into the protocol itself. Our preference remains a negotiated solution, and the Bill contains a provision that allows for negotiated agreement, but the EU has ruled out up-front making changes to the text of the protocol.

    John Redwood (Wokingham) (Con)

    I congratulate the Foreign Secretary on her very patient and good diplomacy. Will she confirm that this very moderate measure is completely legal and essential to the peace and good will of Northern Ireland?

    Elizabeth Truss

    I can absolutely confirm that this Bill is both necessary and legal, and the Government have published a legal statement setting that out.

    Caroline Lucas (Brighton, Pavilion) (Green) rose—

    Elizabeth Truss

    I will make a bit more progress and then allow some further interventions.

    We continue to raise the issues of concern with our European partners, but we simply cannot allow this situation to drift. Northern Ireland has been without a devolved Government since February due specifically to the protocol, at a time of major global economic challenges. Therefore, it is the duty of this Government to act now to enable a plan for restored local government to begin. It is both legal and necessary.

    This Bill fixes the specific problems that have been caused in Northern Ireland while maintaining those parts of the protocol that are working. It fixes problems in four areas: customs and sanitary and phytosanitary; a dual regulatory model; subsidy control and VAT; and governance. On customs and SPS, the Bill creates a green and red lane system. All those trading into Northern Ireland will be part of a trusted trader scheme. Goods destined for Northern Ireland will not face customs bureaucracy. Goods for the Republic of Ireland and the EU will go through four EU-style border procedures. All data from both the green and red lanes will be shared with the EU in real time as the goods depart from Great Britain. This means that the EU will have this data before the goods arrive in Northern Ireland, ensuring that the EU single market is protected.

    Jim Shannon (Strangford) (DUP)

    I thank the Secretary of State for bringing this forward and for her comprehensive understanding of the position of many people in Northern Ireland. As someone who has had businesses contacting me for those who have openly stated that they are from a nationalist tradition and yet feel afraid to voice complaints to their own MP for fear of reprisals, I speak with confidence in assuring the Secretary of State that Northern Ireland as a whole needs this Bill not simply for cultural identity, which is imperative, but for financial viability for small businesses due to the effects of the EU’s vindictive approach to block VAT and state aid. This Bill really is long overdue.

    Madam Deputy Speaker (Dame Rosie Winterton)

    Order. Interventions should be fairly brief because we have a lot of people wanting to speak in this debate.

    Elizabeth Truss

    I was talking about the data that we are sharing with the EU. I am pleased to say that we already have this system in place. We are giving demonstrations to businesses and the EU to show how it works, and I am happy to make those demonstrations available to Members of Parliament as well. Any trader violating the lanes will face penalties and would face ejection from the scheme.

    Mr Andrew Mitchell (Sutton Coldfield) (Con)

    I have an immense amount of sympathy with what the Foreign Secretary is saying, and it does seem to me as though the EU is not being particularly constructive in trying to get the solution that we all want to see. But many of us are extremely concerned that the Bill brazenly breaks a solemn international treaty, trashes our international reputation, threatens a trade war at a time when our economy is flat, and puts us at odds with our most important ally. Can she say anything to reassure me in my anxieties on these points?

    Elizabeth Truss

    As I said at the outset, our preference is for a negotiated solution, and we have sought that for 18 months, but as recently as last weekend the EU has refused to change the text of the protocol. That is why there is strong legal justification, as set out in our legal statement, for us taking this action. Our priority, as the United Kingdom Government, has to be political stability within our own country. While we put this Bill through Parliament, we will continue to seek a negotiated solution with the EU, and there are provisions in the Bill to deliver that. I would strongly encourage my right hon. Friend to raise this with the EU directly and to encourage a negotiated solution, because there is a solution to be achieved. We have laid it out very clearly with our red and green proposal, but we do need the EU to agree to change the text of the protocol. That is the fundamental issue that needs to be addressed.

    Joanna Cherry (Edinburgh South West) (SNP)

    I am grateful to the Secretary of State for giving way. The Government’s legal position prays in aid the international law doctrine of necessity, but the International Law Commission says that where a state has itself contributed to the situation of necessity, that doctrine cannot be prayed in aid. Given that the Prime Minister signed the withdrawal agreement, including the protocol, in the knowledge that it would give rise to precisely the difficulties of which the Government now complain—we debated it on the Floor of the House—does the Secretary of State not see that there is a pretty big hole in the legal advice she has been given?

    Elizabeth Truss

    We set out the case extremely clearly in the legal advice, and the doctrine of necessity has been used by other Governments in the past where there is a severe issue and the other party is unwilling to renegotiate that treaty. That is the position we are in with the Northern Ireland protocol. What I would ask the hon. and learned Lady and other Members on the Opposition Benches is this: given that the EU refuses to reopen the Northern Ireland protocol, and issues around customs and tax are specifically baked in, what is their solution for dealing with the real issues in Northern Ireland? We have looked at all the alternative solutions, and the only effective solution is this Northern Ireland Protocol Bill, in the absence of the EU being willing to negotiate a new protocol.

    Sir Bernard Jenkin (Harwich and North Essex) (Con)

    My right hon. Friend could also point out that the protocol itself contains provisions for it to be changed, and the EU refuses to contemplate using those provisions. May I also point out that at the time we signed the protocol, we did not know the shape of the trade and co-operation agreement, and it was reasonable to expect the EU to give mutual recognition of products and standards, including SPS standards, as it has with New Zealand, for example? The EU refuses to give us those provisions. The problems in the protocol would be much less if the EU had given us a better trade deal.

    Elizabeth Truss

    My hon. Friend is absolutely right that the protocol is not set in stone. That is why for the past 18 months this Government have sought to achieve negotiated changes to the protocol. In the absence of the EU being willing to change the text, the only way to resolve this matter is for us to legislate.

    Several hon. Members rose—

    Elizabeth Truss

    I am going to make more progress, and then I will take more interventions.

    We fully understand and respect the legitimate concerns of the EU that the single market should be protected. Our solution does just that. The Bill will also establish a dual regulatory regime so that businesses can choose between meeting UK and EU standards. That removes the barriers to goods made to UK standards being sold in Northern Ireland and it cuts the processes that drive up cost for business. It prevents unnecessary divergence between two parts of the UK internal market. Anybody who trades into the EU single market will still have to do so according to EU standards.

    The Bill will also ensure that the Government can set UK-wide policies on subsidy control and VAT, overcoming constraints that have meant Northern Ireland has not benefited from the same support as the rest of the UK. For example, at present people in Northern Ireland are not able to benefit from the VAT cuts on solar panels that the Chancellor announced in the spring statement.

    These are essential functions of any 21st-century state, but they are especially important in Northern Ireland, where the UK Government play an outsized role in the local economy. We will maintain the arrangements in the protocol on VAT, which support trade on the island of Ireland while ensuring that Northern Ireland can still benefit from the freedoms and flexibility available in Great Britain.

    Caroline Lucas

    Does the Secretary of State understand why so many people would accuse this Government of the most rank hypocrisy? First, this is a predictable outcome of the agreement that they negotiated when they did not give a fig for the situation in Northern Ireland, frankly. Secondly, if they were serious about negotiations, they could be using article 16. Thirdly, at the very same time that the Prime Minister is gladhanding G7 leaders in Bavaria and extolling the virtues of a rules-based international system, his own Government at home are riding a horse and coaches through a rules-based system. Does she understand the concerns we have? What kind of reputation will the UK have on the global stage as a result of this proposal?

    Elizabeth Truss

    As I have made clear, the Belfast/Good Friday agreement should have primacy. The fact is that it has been undermined over the past two years, as we can see from the fact that the institutions of Northern Ireland are not up and running. That is why the Government need to act, and we are doing so in a reasonable and legal way.

    Sir Robert Neill (Bromley and Chislehurst) (Con)

    I entirely accept my right hon. Friend’s desire to achieve a negotiated settlement if at all possible; I know how much work has gone into that. To return to the legal point, she will know that the application of the doctrine of necessity requires both the legal tests to be met and the evidential base to be there, because it is largely fact-specific to show whether those tests have been met. I know that the Government have been working hard to assemble that evidential base, but can she tell us when it will be available to the House so that we can form a judgment as to whether those legal tests are met and, therefore, proportionality and necessity are met? It would be helpful to have that before we come to a conclusion on the Bill.

    Elizabeth Truss

    I thank my hon. Friend for that point. There are clearly very severe issues in Northern Ireland, including the fact that its institutions are not up and running, which mean that the UK has to act and cannot allow the situation to drift. I do not think that we have heard what the Opposition’s alternative would be, apart from simply hoping that the EU might suddenly negotiate or come up with a new outcome.

    Karin Smyth (Bristol South) (Lab)

    Will the Secretary of State give way?

    Elizabeth Truss

    Perhaps the hon. Lady can give us an idea about her alternative plan.

    Karin Smyth

    Over the past six years, I have given several alternatives, including as a shadow Minister. The Secretary of State talks about the institutions. Can she give the House the details of the agreement she has secured from the political parties in Northern Ireland that they will return to Stormont on the completion of the Bill—or on the completion of Second Reading, at any point during the Committee stage, or on Third Reading? What in the Bill has secured that? What role is there for anybody in Northern Ireland, given that the powers go to the Minister of the Crown?

    Elizabeth Truss

    I note that the hon. Lady has not come up with any alternatives to the Bill to move the situation forward. The approach we have taken, with the four areas that I am talking through, is to identify what the practical problems are for the people of Northern Ireland and to come up with solutions that address those problems while protecting the EU single market. It is our expectation that the passage of the Bill will result in the institutions being re-established.

    Several hon. Members rose—

    Elizabeth Truss

    I will make progress on talking through the elements of the Bill, but I will be happy to accept further interventions later.

    The Bill will ensure that the Government can set UK-wide policies on subsidy control and VAT, which will overcome the constraints that have meant that Northern Ireland has not benefited from the same support as the rest of the UK, as I mentioned. It will also maintain the arrangements in the protocol on VAT that support trade on the island of Ireland, while ensuring that Northern Ireland can still benefit from the freedoms and flexibilities available in Great Britain.

    The Bill will remove the role of the European Court where it is not appropriate, including its role as the final arbiter of disputes. That is in line with normal international dispute-resolution provisions, including in the trade and co-operation agreement. The Bill will also enable courts to seek an opinion from the European Court on legitimate questions of the interpretation of EU law, which will ensure that it can still be applied for the purposes of north-south trade.

    The Belfast/Good Friday agreement is based on consent from both communities. All Unionist parties have cited the European Court as a main cause of major democratic deficit. Together with VAT and state aid rules, it causes Unionists to feel less connected and less part of the UK. This is not a hypothetical issue; the European Court has already become one of the most controversial elements of the protocol and threatens to disrupt everyday lives. The EU has brought infraction proceedings against the UK in five areas that cover issues such as parcels and transporting pets. To be absolutely clear, the Bill changes only the parts of the protocol that are causing the problems and undermining the three strands of the Belfast/Good Friday agreement.

    Chris Bryant (Rhondda) (Lab)

    I have a very short question, which is simply this. The Foreign Secretary says the Bill is legal, but lots of people disagree with her, including lots of very eminent lawyers both in this country and elsewhere. Which body will arbitrate on the decision as to whether this Bill is legal?

    Elizabeth Truss

    We have published our Government legal statement, which clearly states the reasons why this Bill is legal and the necessity of pursuing this Bill. I return to my point about the lack of alternatives being proposed by the Opposition. We have exhausted all the other avenues, and this remains the course of action that is actually going to deliver for the people of Northern Ireland and re-establish the institutions.

    Aaron Bell (Newcastle-under-Lyme) (Con)

    There is a lot of talk about international law, but can I take the Foreign Secretary to paragraph 3 of article 2 of the UN charter? It says:

    “All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.”

    That is incumbent on us and the EU, and the EU needs to engage with us and negotiate so that peace is not threatened.

    Elizabeth Truss

    My hon. Friend is right. It is very clear from the legal advice that one of the issues is that the EU will not change the text of the protocol even though, when the protocol was negotiated, it was very clear that it was not set in stone and should be subject to change because of the very unique situation in Northern Ireland.

    We are very clear that there are elements of the protocol that are working and that we do want to maintain. We will maintain the conditions for north-south co-operation and trade, and uphold the common travel area. We will maintain the functioning of the single electricity market, which benefits both the Republic of Ireland and Northern Ireland.

    The Bill provides specific powers to implement technical regulations as part of our solution, and today we launched a consultation with businesses to make sure that the way it is implemented works for the people of business in Northern Ireland. We will continue consulting with businesses and the EU over the coming weeks to make sure that the implementation works.

    Mr Mark Francois (Rayleigh and Wickford) (Con)

    One of the fundamental purposes of this long-awaited Bill is to uphold the critical Good Friday agreement, which as the whole House knows completely underpins the maintenance of peace and political stability in Northern Ireland. That being the case, for those who follow this matter closely, including in the United States, will the Foreign Secretary confirm that one of the strongest advocates for action on this has been Lord Trimble, the Nobel laureate, who helped negotiate the Good Friday agreement in the first place?

    Elizabeth Truss

    My right hon. Friend is absolutely right. We all know how hard-won peace and political stability in Northern Ireland was, and we all know how important it is that the Belfast/Good Friday agreement is upheld and is not undermined. That is the discussion I have been having with colleagues in the United States and around the world, and those who have experienced the situation in Northern Ireland fully understand how important it is that we act and that we cannot allow this situation to drift.

    I know there are those across the House who want to give negotiation more time. The problem we face is that we have already been negotiating for 18 months. We have a negotiating partner that is refusing to change the text of the protocol. Meanwhile, we have a worsening situation in Northern Ireland. So it is firmly the view of this Government that we need to act. We are pursuing this legislation as all other options have been exhausted.

    Our first choice was and remains renegotiating the protocol text with the EU. This is in line with the evolution of other treaties, which happens all the time. For example, both the EU and the UK are currently renegotiating changes to the energy charter treaty. Given the unique nature of Northern Ireland and the unprecedented nature of these arrangements, it was always likely that flexibility would be needed. In fact, that flexibility was explicitly acknowledged in the protocol itself, but despite the fact that we have been pursuing these renegotiations we have not seen the flexibility needed from the EU.

    As recently as this weekend, the EU said it will not renegotiate the text of the protocol, and Members across the House will have seen that the EU put forward proposals last year and again a fortnight ago; it is worth pointing out that those proposals will leave the people and businesses of Northern Ireland worse off than the current standstill arrangements. Its proposals would make the situation on the ground worse, adding further to the tensions and stresses; goods going solely to Northern Ireland would still face customs paperwork and sanitary and phytosanitary certificates.

    Sally-Ann Hart (Hastings and Rye) (Con)

    Does my right hon. Friend agree that this Bill is borne out of necessity: necessity to act in our national interest, to provide a permanent solution to a temporary measure, to preserve the Belfast agreement, and to preserve the constitutional settlement that keeps Northern Ireland as part of the UK? It is a necessity to prevent a democratic deficit and to use international law to safeguard and protect our essential interests while protecting those of the EU.

    Elizabeth Truss

    My hon. Friend is absolutely right. We still face a situation in which the EU has refused to change the text of the protocol, and its proposals do not even address many of the issues of concern—over governance, subsidies, manufactured goods and VAT. Without dealing with those very real issues for the people of Northern Ireland we are not going to see the balance of the Belfast Good Friday agreement restored, and we are not going to see the cross-community support we need to get the political institutions back up and running.

    Gavin Robinson (Belfast East) (DUP)

    The Foreign Secretary knows that the three things that need to be resolved are the friction in trade; repairing the harm to our constitutional position within this country; and erasing the democratic deficit at the heart of the protocol. The Foreign Secretary has fairly outlined the myriad steps the Government have taken; if this Bill is required, they can have our support in resolving these issues, but she will also hear a lot of opposition from Members of other parties on this side of the House. In hearing that opposition from colleagues sitting to my right and left, can she identify even one of them who advocated using article 16 or the provisions of the protocol, or have they simply no interest in trying to resolve the issues affecting the people of Northern Ireland today?

    Elizabeth Truss

    The hon. Gentleman makes a very good point. Those who advocate further negotiation with the EU need to persuade the EU to change its negotiating mandate so the text of the protocol can change, because we know that those specific issues, including on the customs bureaucracy and VAT, can only be addressed by addressing the text of the protocol itself.

    I want to come on to the specific point the hon. Gentleman made about article 16. Of course we have looked at triggering article 16 to deal with this issue; however, we came to the conclusion that it would not resolve the fundamental issues in the protocol. It is only a temporary measure and it would only treat some of the symptoms without fixing the root cause of the problems, which are baked into the protocol text itself. It could also lead to attrition and litigation with the EU while not delivering sufficient change.

    I want to be clear: we do not rule out using article 16 further down the line if the circumstances demand it, but in order to fix the very real problems in Northern Ireland and get the political institutions back up and running, the only solution that is effective and provides a comprehensive and durable solution is this Bill.

    Hilary Benn (Leeds Central) (Lab)

    I suspect that when the Foreign Secretary was campaigning for Britain to remain in the European Union, she never in a million years thought she would be standing here proposing a Bill of this sort. In light of the comment she just made about article 16, why are the Government not proposing to use the legal method to raise these questions with the European Union through the treaty they signed, rather than claiming necessity? The Foreign Secretary has yet to give me a single example where the British Government have claimed necessity for abrogating a treaty they have negotiated and signed.

    Elizabeth Truss

    The reason why I am putting the Bill forward is that I am a patriot, and I am a democrat. Our No. 1 priority is protecting peace and political stability in Northern Ireland and protecting the Belfast/Good Friday agreement. Nothing that the right hon. Gentleman has suggested will achieve that end.

    Several hon. Members rose—

    Elizabeth Truss

    I will finish off my remarks.

    The only way for us to uphold the Belfast/Good Friday agreement and fix the problems in Northern Ireland is to pass this legislation. We have heard all kinds of complaining from the Opposition side about the solution that the Government are putting forward, but no alternative solution that will deliver.

    I want to be clear that this is not my preferred choice, but, in the absence of a negotiated solution, we have no other choice. There is no need for the EU to react negatively. It will be no worse off as a result of the Bill. These issues are very small in the context of the single market, but they are critical for Northern Ireland.

    Simon Hoare (North Dorset) (Con)

    The Foreign Secretary knows that I have grave concerns about her Bill, but may I ask her coolly to reflect on praying in aid patriotism as a defence of it? Is she seriously impugning the patriotism of colleagues across the House who have concerns about her Bill? I find that a false conflation.

    Elizabeth Truss

    I was directly responding to the point made by the right hon. Member for Leeds Central (Hilary Benn) about why I campaigned one way in the referendum and am now working to ensure that the Brexit negotiation that we achieved works for the people of Northern Ireland. That is because I believe in the Union of the United Kingdom and in the relationship between Great Britain and Northern Ireland, and I want to resolve those issues.

    All I am pointing out to colleagues across the House is that I have negotiated in good faith with the European Union, but it has refused to change the text of the protocol. I have looked at all the options—including triggering article 16—to see whether they would work to resolve the serious issues in Northern Ireland, and I have come to the genuine conclusion that they will not.

    Ian Paisley (North Antrim) (DUP)

    Will the Secretary of State commit that never again will a Government stand at that Dispatch Box and change the Act of Union in a way that is detrimental to this United Kingdom that we all adhere to and all admire? Will she also confirm that more than 300 hours have been spent in negotiations with the EU and that it has resisted any change whatsoever, such is its animosity towards Northern Ireland?

    Elizabeth Truss

    The very clear reason why we are acting now is that there has been a refusal to change the text of the protocol, which is causing real problems in Northern Ireland. As I have said, these issues are very small in the context of the single market, but they are critical for the people of Northern Ireland, and it is in their interests that we are acting in putting through the Bill.

    Once the legislation is enacted, we can draw a line under the issue and unleash the full potential of our relationship with the EU. Fundamentally, we share a belief in democracy, in freedom and in the right of all countries to self-determination. We are natural allies in an increasingly uncertain and geopolitical world.

    Colum Eastwood (Foyle) (SDLP)

    Will the Foreign Secretary give way?

    Richard Graham (Gloucester) (Con)

    Will the Foreign Secretary give way?

    Elizabeth Truss

    I will not give way any more—the House will be pleased to hear that I am almost at the end of my remarks. We want to work with the EU for the betterment of not just Europe but the world, and we want to focus all our efforts on tackling external threats, such as Putin’s Russia. Once this legislation is passed, we will have a solution that helps to restore the balance between the communities, and that upholds the Belfast/Good Friday agreement. That is the purpose of the Bill, and I commend it to the House.

  • Caoimhe Archibald – 2022 Comments on the Cost of Living

    Caoimhe Archibald – 2022 Comments on the Cost of Living

    The comments made by Caoimhe Archibald, Sinn Fein’s Spokesperson on the Economy, on 18 June 2022.

    For months the cost of living has been on a steep upward trajectory, inflation is now predicted to hit 11% over the next couple of months and this is impacting on workers, families and businesses.”Boris Johnson and his government need to listen to workers and act now.

    While the Tory government did announce some measures in recent weeks, further action is urgently needed, particularly in relation to rising petrol and diesel costs.

    Petrol and diesel prices are heading towards £2.00 per litre and many people are calculating the cost of every journey and only making the ones they can’t avoid.

    The British government should act immediately to cut duty on fuel further and also slash VAT on fuel and energy.

    Workers and families are struggling as their pay packets don’t go as far now as they previously would have, and we need to empower workers to uphold their rights to decent pay and conditions.

    We need the DUP to join immediately with other parties to form an Executive so we can tackle the cost of living crisis and get money into the pockets of workers and families.

  • Brandon Lewis – 2022 Statement on Northern Ireland Abortion Services

    Brandon Lewis – 2022 Statement on Northern Ireland Abortion Services

    The statement made by Brandon Lewis, the Secretary of State for Northern Ireland, in the House of Commons on 19 May 2022.

    Section 9 of the Northern Ireland (Executive Formation) Act 2019 places me under a legal duty to ensure that women and girls in Northern Ireland can access abortion services. I am determined to ensure that women and girls in Northern Ireland can access abortion services in the same way as those living in the rest of the United Kingdom.

    On 22 July 2021, I gave a direction to the Northern Ireland Department of Health, and to the health and social care board, to commission and make abortion services available by 31 March 2022. The Department of Health has not met that deadline, and it is now clear that no progress will be made towards the provision of these services.

    It has always been my preference that, as a devolved matter, the Department of Health delivers these services. However, with over two years having passed since the Abortion (Northern Ireland) Regulations 2020 established a framework, women and girls are still unable to access high-quality abortion and post-abortion care in Northern Ireland. This is entirely unacceptable.

    Today, I am therefore laying regulations that:

    remove the need for Executive Committee approval before services can be commissioned and funded by the Department of Health. The regulations will do this by providing that directions under the Abortion (Northern Ireland) Regulations 2021, which require action to be taken to implement the recommendations of the Committee on the Elimination of all forms of Discrimination Against Women (CEDAW Report), must be complied with irrespective of whether the matter has been discussed or agreed by the Executive Committee; and

    confer on a Secretary of State the power to do anything that a Northern Ireland Minister or department could do for the purpose of ensuring that the recommendations in paragraphs 85 and 86 of the CEDAW report are implemented. For the purpose of determining what a Northern Ireland Minister or department could do, any need for Executive Committee approval will be disregarded. Whilst the regulations will also provide a Secretary of State with the power to provide financial assistance for the same purpose, as a devolved matter it remains the responsibility of the Northern Ireland Executive to fund abortion services in Northern Ireland.

    This means that the Department of Health will have no further barriers to commission and fund services. I am steadfast in my belief that the Department of Health should drive forward the commissioning of abortion services without further delay in Northern Ireland.

    If the Department of Health does not commission and fund abortion services as directed, I will intervene further. To ensure I have all the information required in those circumstances, a small team that I am establishing in the Northern Ireland Office will work alongside the Department of Health and take this forward.

  • Brandon Lewis – 2022 Comments on Abortion in Northern Ireland

    Brandon Lewis – 2022 Comments on Abortion in Northern Ireland

    The comments made by Brandon Lewis, the Secretary of State for Northern Ireland, on 19 May 2022.

    Women and girls of Northern Ireland must have access to safe, high-quality abortion services in Northern Ireland, as is their right.

    It is absolutely unacceptable that the Executive and Department of Health have failed women and girls, meaning that they cannot currently access the same basic abortion healthcare that is available to women and girls in the rest of the UK.

    That’s why I am acting to remove any further barriers to delivering services.

    The Department of Health must drive forward the commissioning of abortion services without further delay to ensure that safe abortion becomes embedded into the health and social care system in Northern Ireland.

  • Carla Lockhart – 2022 Speech on the Cost of Living Crisis

    Carla Lockhart – 2022 Speech on the Cost of Living Crisis

    The speech made by Carla Lockhart, the DUP MP for Upper Bann, in the House of Commons on 17 May 2022.

    Across the House, we are all acutely aware of the challenges faced by our constituents. The groceries budget puts less in the supermarket basket than it did a year ago; the electricity or gas top-up card does not last as long as it did a year ago; and £20 of diesel does not take a car as far as it did a year ago. Those additional household cost pressures are being felt at a time when many people have just experienced real-terms cuts to their income and/or benefits. Furthermore, not that long ago, the £20 uplift to universal credit was withdrawn by the Government, despite appeals from Opposition Members, and from charities across the length and breadth of the UK.

    For the squeezed middle, childcare costs continue to increase and mortgage costs face steep rises. The reality for so many is that wages are failing to keep up with the increase in the cost of living. The national insurance hike and the cumulative impact of all those pressures will result in households’ disposable income shrinking. The bite is being felt.

    It ought to be of great concern to the Government that the OBR has warned that UK residents face the biggest living standards drop on record. That is why it is deeply disappointing and distressing for those feeling the squeeze that although we were told that the Government’s priority is to help

    “ease the cost of living for families”,

    in reality, nothing is being done to deliver on that right now. The Government announced 38 Bills last week. Many of them have great merit, yet there was nothing to address the immediate pressures facing households and families across the United Kingdom. A windfall tax on energy companies enjoying soaring profits was absent. The opportunity to cut taxes or reverse the inexplicable national insurance rise was missed. The Government repeatedly tell us that they are a party of low taxes. Surely now is the time to prove it.

    For those in Northern Ireland, the opportunity to give a clear legislative commitment to addressing the issue of the Northern Ireland protocol was also absent. The protocol exacerbates the cost of living crisis in Northern Ireland. The cost of bringing goods into Northern Ireland has increased by around 27%, according to our haulage industry. That cost is being passed on to businesses and consumers. Indeed, the Prime Minister himself has argued that the protocol is restricting his ability to help our post-covid recovery and holding back economic growth. He is right.

    As the hon. Member for Newton Abbot (Anne Marie Morris) outlined so eloquently, the new UK-wide VAT cut on renewable energy products cannot be implemented in Northern Ireland because of the terms of the protocol. That is a wholly unacceptable situation that no Prime Minister or Government of this United Kingdom of Great Britain and Northern Ireland can preside over. The Prime Minister knows what he must do. Today’s statement from the Foreign Secretary is welcome, but we must see action. I regret that thus far the Chancellor has been an absent Chancellor when it comes to visiting Northern Ireland. I again extend an invitation to him to come to Northern Ireland and hear from my constituents and businesses who are feeling the squeeze.

    In conclusion, the long-term objectives identified by the Government—higher wages, more highly skilled jobs and a move towards our own supply of cheaper and cleaner energy—are very welcome, but families cannot wait for those objectives to become reality. For many, the pressure is being felt acutely now. They need action now.

  • Jeffrey Donaldson – 2022 Speech on the Northern Ireland Protocol

    Jeffrey Donaldson – 2022 Speech on the Northern Ireland Protocol

    The speech made by Jeffrey Donaldson, the DUP MP for Lagan Valley, in the House of Commons on 17 May 2022.

    From the outset, the Democratic Unionist party warned this House of the consequences of the protocol, and that is why we opposed it from the beginning; we recognised the political and economic instability it would cause, and the harm that it would create for the Union.

    Today’s statement is a welcome, if overdue, step. It is a significant move towards addressing the problems created by the protocol, and towards getting power-sharing based on cross-community consensus up and running again. We hope to see progress on a Bill to deal with these matters in days or weeks, not months. As the legislation progresses, we will take a graduated and cautious approach.

    We want the Irish sea border removed, and we want the Government to honour their commitment in the New Decade, New Approach agreement to protect Northern Ireland’s place in the UK internal market. The statement today indicates that that will be covered in legislation that brings about revised arrangements. Under the Belfast/Good Friday agreement, power sharing can be stable only if there is cross-community consensus, but there is not consensus on this at the moment on the part of the Unionist community. We want the political institutions functioning properly as soon as possible, but to restore Unionist confidence, decisive action is now needed in the form of legislation, in order to repair the harm that the protocol has done to the Acts of Union, and in order to put in place sensible arrangements that, in the words of the Queen’s Speech, ensure the

    “continued success and integrity of the whole of the United Kingdom…including the internal economic bonds between all of its parts.”—[Official Report, House of Lords, 10 May 2022; Vol. 822, c. 3.]

    The words today are a good start, but the Foreign Secretary will know that actions speak louder than words. I welcome her commitment to decisive action in her statement to the House.

  • Richard Thomson – 2022 Speech on the Northern Ireland Protocol

    Richard Thomson – 2022 Speech on the Northern Ireland Protocol

    The speech made by Richard Thomson, the SNP MP for Gordon, in the House of Commons on 17 May 2022.

    I thank the Foreign Secretary for advance sight of her statement. We have heard plenty about the alleged shortcomings of the protocol, but there should be acknowledgement of the Government’s role in negotiating it; that does not even seem to have reached the level of being limited and specific, from what we have heard today. Ultimately the problem this legislation purports to deal with is not to do with the protocol, which was made necessary by the kind of Brexit that the Government eventually negotiated; the seed of the problem was in the very nature of the settlement.

    Neither my colleagues nor I deny for one moment the hurt and upset caused to many in Northern Ireland by the protocol, but we must not forget that Scotland and Northern Ireland as a whole both voted against Brexit, and that there was not cross-Union consent for where we are now. If the consequences of that deal are judged to be not in the best interests of the people of Northern Ireland, we need to be honest and recognise that the consequences of the entire withdrawal agreement are not in the interests of any place in the UK, because “getting Brexit done” has meant border checks for goods going from Great Britain to the EU or to Northern Ireland, but an absolute free-for-all for anything coming into Great Britain.

    We on the SNP Benches have said all along that a stable agreement needs to be reached with the EU that works for all parts of the UK, and I genuinely wish the UK Government well in that, but with the crisis in Ukraine, the last thing we need to be doing is thrashing around here pointlessly in a snare of our own making. Domestic legislation will, even if passed, not wash away the need to comply with international commitments; nor will it change the fact that if the UK is neither in nor aligned with the single market and customs union, that still creates a trade border that needs to go somewhere.

    Restoring devolved government in Northern Ireland and resolving the self-inflicted wounds of Brexit will require good will, trust and a negotiated settlement. I am sorry to say that the threats of unilateral legislative action by this Government to override their own deal are unlikely to be taken seriously in Belfast, and will not be taken seriously in Brussels; there is absolutely no reason why they should be taken seriously in this place either.