Tag: 2022

Sammy Wilson – 2022 Speech on the Northern Ireland Protocol Bill

The speech made by Sammy Wilson, the DUP MP for East Antrim, in the House of Commons on 27 June 2022.

I welcome this Bill, which is long overdue. It delivers on some of the promises that were made to get devolution restored in Northern Ireland but on which no action has been taken for the last 18 months. It is important for people to understand that it is essential for the restoration of devolution in Northern Ireland that the protocol issue is dealt with. That is because the very basis of devolution in the Belfast agreement is destroyed by the protocol. Unionist parties believe that the protocol is designed for the destruction of our place within the United Kingdom, that it is damaging our economy and hurting individuals, and that if the Assembly is up and running and the protocol is not dealt with, Unionist participation in the Assembly would mean that we had to facilitate the implementation of the agreement and acquiesce in other parties facilitating and implementing the protocol, which we believe is designed for our destruction. No other party in this House would enter a coalition arrangement—don’t forget, this is a mandatory coalition; we have to be there—where it was obliged to support, facilitate and undertake policies to which it was totally opposed. That is why devolution will not be restored until the protocol issue is dealt with.

Much has been said today about having flexibilities in the checks on goods, but it is not just about that. The whole issue of the protocol is that it undermines democracy in Northern Ireland. It imposes foreign law on Northern Ireland and on companies that do not even trade with the EU. It is not necessary for them to comply with that law, yet the protocol requires them to do so.

Paul Girvan (South Antrim) (DUP)

It is worth noting that not one Unionist party has approved the protocol. We are all united against it. The protocol has virtually created an economically united Ireland, and the EU is party to driving that forward with the Republic of Ireland in the negotiations, which has created a major problem. Not one constituency in this Parliament does not have people who are finding it difficult to supply goods to businesses in Northern Ireland.

Sammy Wilson

My hon. Friend makes an important point. Only the Social Democratic and Labour party has suggested tonight that there are no problems with the protocol. Every other party now accepts that, to one degree or another, there are problems caused by the protocol, which is one of the issues we have faced in these negotiations. The Irish Government, through their Foreign Minister, have patronisingly come to Northern Ireland to tell us, “You don’t really know what you’re talking about. There isn’t a problem.” Of course that has fed through to the EU negotiators, which is one reason why it is important that we have this Bill.

I have listened to Labour Members ask, “What about article 16?” The first people to squeal if the Government had invoked article 16 would have been the Labour party. The hon. Member for Walthamstow (Stella Creasy) talked about consulting the people of Northern Ireland, but she did not care too much about consulting on abortion. Now she is, as a Labour Member, appealing to the toffs down the other end of the building to defeat this Bill.

Mr Deputy Speaker (Mr Nigel Evans)

Order. I think the right hon. Gentleman is talking about Members of the other place.

Sammy Wilson

I am.

Stella Creasy

Would the right hon. Gentleman be opposed to bringing more representatives of the Northern Irish political parties into the joint working groups to solve this problem? Is he actually saying that he does not want a voice in this and that he just wants to shout?

Sammy Wilson

The people of Northern Ireland recently spoke in an election, and the Unionist population made it quite clear that they will not accept the protocol.

Angus Brendan MacNeil

On a point of order, Mr Deputy Speaker. I am grateful to the right hon. Member for East Antrim (Sammy Wilson) for setting the parliamentary precedent that we are now allowed to refer to the House downbye as the “House of toffs.” I think that is a rather good suggestion.

Mr Deputy Speaker (Mr Nigel Evans)

The hon. Gentleman will find it was corrected to “Members of the other place” or even “noble Members of the other place.” Toffs? No.

Sammy Wilson

I do not know whether “noble toffs” is acceptable, Mr Deputy Speaker.

Members have argued that surely we can do this by negotiation, so let us look at the record. The EU has said not once or twice but every time that it will not renegotiate the text of the protocol. The EU has said it every time it has visited Northern Ireland and every time it has met Government representatives. In fact, the EU has now gone further and is taking us to court to impose more checks.

The result of removing the grace periods would be to increase the number of checks per week for goods coming into Northern Ireland from 6,000 to 25,000. This is hardly flexibility from the EU. Indeed, the EU recently wrote to the Government to demand checks on not only goods but people on ferries or airplanes from GB into Northern Ireland. The EU is demanding that people’s personal baggage is searched to make sure they are not bringing in sandwiches or whatever else. Constituents told me this week that such searches have already started in Cairnryan. This is not flexibility but a hardening of attitude by the EU.

Whether by triggering article 16 or through negotiation, we all know what the outcome will be, and that is why the Government have had to take this unilateral action. The Government are not abandoning their obligations. In fact, they are honouring their obligations in two ways. First, they are honouring their obligation to the EU in so far as the single market will be protected by the goods going through the red lane, by the imposition of fines on firms that try to avoid the checks and by the requirement on firms in Northern Ireland that want to trade with the EU to comply voluntarily with all EU regulations. That safeguards the EU market, so we are living up to our obligations to the European Union.

At the same time, the Government are living up to their obligation to the people of Northern Ireland, because the green lane or free lane—or whatever they want to call it—enables goods to come into Northern Ireland without any checks. It does not require the imposition of EU law on the 95% of firms in Northern Ireland that do not trade with the Irish Republic, and it ensures that judgments on whether the law has been broken are made by courts in the United Kingdom, albeit with reference to decisions made by the European Court of Justice.

If one looks at this Bill objectively, rather than through the eyes of those in this House who think we should have remained and still want to act almost as agents of the EU, it will help to restore devolution, it will ensure the integrity of the United Kingdom and it will protect the European single market.

June 30, 2022
Roger Gale – 2022 Speech on the Northern Ireland Protocol Bill

The speech made by Roger Gale, the Conservative MP for North Thanet, in the House of Commons on 27 June 2022.

While I understand the reason for his absence, I rather wish that it had been the Prime Minister and not the Foreign Secretary who introduced this Bill tonight, because when he took office the Prime Minister told us that he had an “oven-ready” deal and I believe I am right in saying that he said there would be a border down the Irish sea over his dead body. The withdrawal agreement and the protocol were freely entered into. The Prime Minister and David—now Lord—Frost brought that document back in triumph and campaigned on it in the 2019 election campaign. It subsequently went through this House with a large majority. I know that only too well because I was sitting in the Chair you are sitting in now, Mr Deputy Speaker, when I announced the result of that vote. But the Government were warned that the deal was flawed. My right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) and others pointed out, before it went through this House, what was wrong with it. They indicated the dangers of the border down the Irish Sea, but they were not heeded. That is why we are here tonight.

This Bill breaches the Vienna convention on legal treaties. My right hon. Friend the Member for Maidenhead (Mrs May) spelled that out very clearly. There is no doctrine of necessity that applies in this case. Article 16 exists as a backstop—if I am allowed to use that word—and the case in law simply cannot stand up. That means that the Bill we are proposing to put through this House tonight will be a gross breach of international law if it is enacted and implemented.

Angus Brendan MacNeil

The right hon. Gentleman is absolutely right in what he is saying about the Bill. Does he agree that the UK Government will not be able to complain if the European Union chooses to cherry-pick and undo something unilaterally, because that is the precedent the Government are now setting? Anyone can do what they want.

Sir Roger Gale

I am grateful to the hon. Gentleman, but I think the rather more dangerous point, which has already been made tonight, relates to the damage that this will do to our reputation for integrity and the position that we will find ourselves in when we criticise President Putin for breaking international law, which of course he does over and over again.

Robin Millar

Does my right hon. Friend really think that that is a fair comparison to make?

Sir Roger Gale

I gently suggest to my young friend that, if I had not thought it was a fair comparison, I would not have made it.

I feel very strongly that we are going down an extremely dangerous path. I believe passionately in the Belfast/Good Friday agreement, and we have to get back on track, but we are not going to make Maroš Šefčovič’s job any easier by lumbering him with this legislation. I am sure that it will ultimately get through this House—whether it gets through the other place is another matter—but I hope very much indeed that an agreement can be reached before it becomes law. That agreement has to be reached by negotiation; that really is the only way forward. Some of the proposals in the legislation—such as the red and green routes—are sound and can be implemented. There is every indication that the European Union is willing to accept not all but at least some of those kinds of proposals, and I believe that that is the way forward. I do not believe that the Bill is the way forward and that is why, sadly, I shall not be supporting it tonight.

June 30, 2022
Stella Creasy – 2022 Speech on the Northern Ireland Protocol Bill

The speech made by Stella Creasy, the Labour MP for Walthamstow, in the House of Commons on 27 June 2022.

It is a pleasure to follow the hon. Member for Stone (Sir William Cash). He brought to mind the importance of the warning that George Orwell gave us not to confuse nationalism with patriotism, which I think we all need to bear in mind during this debate. He wrote:

“One prod to the nerve of nationalism and the intellectual decencies can vanish, the past can be altered, and the plainest facts can be denied.”

Let me, in the time that I have today, try to do justice to what Orwell warned us about.

This situation has been caused by Brexit, because it was Brexit that led to the need for us to negotiate the Northern Ireland protocol. If we do not acknowledge that, we cannot start to deal with the problems that we have created ourselves. I say “ourselves” because this Government knew in advance of the problems that would arise in these circumstances. When, on 19 October 2019, the Prime Minister stood up and told us of a deal that would “heal this country”, he was not being truthful about the consequences that they themselves predicted. The question before us now is this: will the Bill make finding a solution to these problems easier, or will it inflame further an already delicate and difficult situation?

We know that the Government need the bogeyman of Europe to distract people in this country from its domestic woes, but the people of Northern Ireland deserve better from all of us. If the Government were really doing their job, they would put Northern Ireland at the centre of this conversation. They would start by bringing more of the Northern Irish communities into the conversation and the negotiation, and then go to the European Union to hear what it was saying. However, that is not what we are seeing at present.

There are five examples, from this legislation alone, of how the Government are not being intellectually decent. They cannot tell us why the Bill is a necessity—why they need this power rather than the powers that they have already been given in article 16 of the protocol to act to safeguard the UK. That, surely, was about remedying the situation, but the Bill will drive a coach and horses through the proposals that we currently have.

The Government could also start with article 16, rather than making us drag this proposal through Parliament over many months before they would get the remedies they are talking about, if they really cared about the people of Northern Ireland. If this Bill is a necessity, why is it giving Ministers huge sweeping powers that will change the rules on state aid and allow the UK courts not to send questions about the interpretation of the protocol to the European Court of Justice? The EU has never refused the UK permission to bring in a measure under the article 10 state aid rules, yet somehow this is what the Government think they need to do for the people of Northern Ireland.

The Bill will also give sweeping powers to Ministers to do things in terms of the EU protocol without any consultation with the people of Northern Ireland and without any agreement with this House at all. Why do the Government say that they need the powers under clause 19 to implement a new power or protocol without bothering to go through the parliamentary process? After all, we went through the withdrawal agreement in a few weeks and we went through the trade and co-operation agreement in a day. What is it about scrutiny in this place that this Government are frightened of? Why do they have to bring a sledgehammer to crack a nut by giving Ministers these wide powers? As the Treasury Solicitor himself said, clause 18 is the “do whatever you like” power. Others call it a Charles I power. If Ministers can do that in Northern Ireland, what will they do to the rest of the UK?

Everybody in this House must recognise that this Bill’s implications go further than Northern Ireland. When we trash our reputation on international agreements, we trash our opportunities to make the trade deals that our constituents will depend on and we risk the spectre of a trade war when this country is already dealing with the consequences of the increase in the cost of living directly caused by the impact that Brexit is having on food prices in our country—let alone the message that we send to President Putin when we try to stand up to him in one place but in another say that international rules of law do not matter.

The people of Northern Ireland are being let down by this legislation, as are the people in every constituency in this country. The failure to find a solution that puts the people of Northern Ireland front and centre of negotiating a solution for their future lets down everybody in this Chamber. We can and should do better. Everybody in this House knows that, but will we have the bravery to listen to George Orwell, to stand up to those scoundrels who quote patriotism when they mean nationalism, and finally to put doing the right thing first? I fear that in this place we will not, but I have hopes for the other place. I certainly know that many of us will not stop standing with the people of Northern Ireland and the people in our communities who will be affected by this legislation and by the implications—[Interruption.] And we will stop laughing at the British public when they are frightened about what this place is doing, and start asking what we can do to make things better. Naming those problems is a starting point. When we have people who are addicted to power and addicted to using Europe as a bogeyman, rather than solving those problems, it behoves all of us to say that enough is enough.

June 30, 2022
Bill Cash – 2022 Speech on the Northern Ireland Protocol Bill

The speech made by Bill Cash, the Conservative MP for Stone, in the House of Commons on 27 June 2022.

This Bill stands behind the Union, and the Union itself is dependent on the sovereignty of the United Kingdom Parliament. These are fundamental constitutional issues, on which the Bill rightly insists. The European Union has been intransigent about the protocol, which undermines the Good Friday agreement. Furthermore, its intransigence is motivated by considerations that are completely contrary to our right as a third country, and it refuses to change its mandate. It has no right to insist that in relation to a third country, such as the United Kingdom, it should exercise European jurisdiction over Northern Ireland, through the European Court, now that we have left the European Union. The European Union would no more allow any part of the national territory of any one of its member states to be governed by other countries which are not members of the European Union than, for example, the United States would allow Texas to be partly governed by Mexico, or Canada to exercise legislative control over parts of the United States. It is simply inconceivable.

As for the question of our parliamentary sovereignty, section 38 of the European Union (Withdrawal Agreement) Act 2020—in particular, subsection (2)(b),which expressly provides that we can override direct effect and direct applicability notwithstanding European law in relation to Northern Ireland—enables us to take the necessary constitutional steps to dispose of parts of the protocol in our national interest, and, in doing so, enables us to save the Good Friday agreement. In respect of the democratic deficit—on which I had an exchange with the leader of the Democratic Unionist party—the European Scrutiny Committee, which I chair, revealed in its March report that since we left the European Union, European legislation relating to Northern Ireland has been turning into a motorway. The Bill will allow us to prevent that from happening, in the interests of the people of Northern Ireland and the United Kingdom as a whole.

One example of EU law that is on the way to being imposed on Northern Ireland was presented to the European Scrutiny Committee just last week, but there is a whole stack of them piling up. This is only one of a continuous stream of regulations, and is known as the construction products regulation. It will become the law of Northern Ireland. It consists of 120 pages and seven annexes. This has to stop, and so does the peril of the democratic deficit that goes with it. It must be borne in mind that such legislation—and there are at least 40 examples in the pipeline—is made by majority vote of all the 27 countries in the European Union, made in the Council of Ministers of the EU, and made behind closed doors and without even a transcript. That is how the United Kingdom was being subjugated by the EU since 1972.

As for international law, there are numerous precedents in which our pre-eminent judges, such as Lord Denning and Lord Diplock, have made it completely clear that international treaties are subject to parliamentary supremacy, and similar principles were enunciated by the judges in the recent unanimous decision in the case of Miller. The principles that underlie this Bill are sovereignty, our national interest, and the need to protect Northern Ireland as part of the Union and, in particular, the Good Friday agreement. That is why the Bill is so necessary.

We have been prepared to negotiate over the past two years and more, but our attempts have been rebutted by intransigence and the EU’s refusal to renegotiate its mandate. We had to draw the line. Ultimately, this has become a matter of necessity consistent with international law itself. Indeed, in 1937 Mr de Valera himself repudiated the Anglo-Irish treaty of 1921 in fundamental respects when setting up the constitution of the Republic in its own national interest. We want good working relations with the Republic and with the European Union, but not at their price. It is well reported that one of the key EU negotiators indicated at the outset of the negotiations on these matters that the price of Brexit would be Northern Ireland. That will not be the case, and this Bill will ensure that it does not happen.

June 30, 2022
Philippa Whitford – 2022 Speech on the Northern Ireland Protocol Bill

The speech made by Philippa Whitford, the SNP MP for Central Ayrshire, in the House of Commons on 27 June 2022.

The Bill unilaterally sets aside significant provisions of the Northern Ireland protocol, an international agreement for which the Prime Minister was quite happy to take credit when he claimed in the 2019 election campaign that he would “get Brexit done”. The Foreign Secretary has said that the Bill is needed to protect the Good Friday agreement, but dismantling the protocol against the will of the majority of people in Northern Ireland also risks undermining that agreement. She said that the protocol needs cross-community consent. Indeed it does, but does she have consent from both communities for this Bill? I doubt it.

Scant consideration was given to the Province by Brexiteers before the referendum, nor was consideration given thereafter to the fact that the majority in Northern Ireland, as in Scotland, voted to remain in the EU. It is the UK’s exit from the EU, rather than the protocol, that has created the difficult situation for Northern Ireland. That was recognised by the then First Minister Arlene Foster when she demanded a special trading arrangement for Northern Ireland shortly after the referendum—a request for special treatment that she and her party now repudiate.

As my hon. Friend the Member for Gordon (Richard Thomson) has already highlighted, there were only three choices: a border on the island of Ireland; close alignment between UK and EU standards to reduce checks, including a veterinary agreement; or checks carried out at Northern Ireland ports. The return of border infrastructure in Ireland was seen as an unacceptable threat to peace, but it was the Prime Minister’s choice of a hard Brexit with maximal divergence from the EU that inevitably left checks on Irish sea crossings as the only remaining option.

The issues posed by an Irish sea border were clearly highlighted in the Government’s own impact assessment, which undermines the claim of sudden necessity and means that the Prime Minister’s December 2019 claim that there would be

“no question of there being checks on goods going NI-GB or GB-NI”

was disingenuous, to say the least. The UK Government state that there is no need for checks, as current UK regulations are close to those of the EU; indeed they are, but the Government are proposing a bonfire of EU regulations and are already negotiating trade deals that would allow lower-standard foods and goods to be imported into the UK.

The Prime Minister cites economic failure and the outcome of the recent Northern Ireland elections as justification for tearing up the agreement, despite a clear majority of Assembly Members supporting the protocol in principle, and despite recent economic data showing Northern Ireland outperforming Great Britain. Business surveys by the Northern Ireland Chamber of Commerce and Industry show that two thirds of local businesses have now adapted to the protocol, and 70% claim that they see advantages in their dual position, which is something that the rest of us in the UK have lost.

Angus Brendan MacNeil

My hon. Friend is quite right that there is an advantage to business and to the economy of Northern Ireland. Interestingly, last week the Secretary of State for Northern Ireland could not tell me whether the Government had done any economic analysis whatever.

The Minister for Brexit Opportunities has said that introducing a border for imports in the United Kingdom

“would have been an act of self-harm.”

If that were to happen, it would make it even more obvious that the Northern Ireland protocol was an economic advantage to Northern Ireland. It would not be doubly hampered—first by this, and secondly by the completion of Brexit borders.

Dr Whitford

I thank my hon. Friend for that intervention. It is without question that issues with, in particular, the implementation of the protocol remain: 29% of businesses are still experiencing some difficulties, although the number of businesses facing serious problems has dropped from 15% to 8% since last year. That improvement over time suggests that some of last year’s problems could have been avoided if businesses had been given more than a matter of weeks to get ready for last January.

I think we all recognise that supply chains from GB producers and manufacturers would certainly benefit from technical improvements, especially improvements to reduce the burden on goods that are for sale purely in Northern Ireland, but while the EU proposed mitigations last October—including an express lane for exactly those kinds of goods—the UK Government have not engaged in any discussions since February, so talk of 18 months of solid negotiation is nonsense. Despite the remaining challenges, Northern Ireland business leaders have made it clear that while they seek improvements, they do not want the protocol to be removed.

The loss of trust in the UK Government to honour their commitments is already holding back participation in Horizon Europe to the detriment of research teams across the UK, especially in Scotland, where they had disproportionate success in attracting EU funding. Disapplying almost half the protocol undermines a key part of the withdrawal agreement, and, as others have said, runs the risk of provoking a trade war with the EU, further exacerbating the cost of living crisis. The EU would then be likely to place tariffs on UK exports, and, given that Scotland produces the UK’s leading food and drink exports—whisky and salmon—Scottish businesses would bear the brunt of such retaliatory action.

It is vital that the UK and the EU get back round the table with all the stakeholders from Northern Ireland to discuss practical improvements to the implementation of the protocol, reducing the friction and intrusion to a minimum while keeping the economic benefits for the Province. Solutions can be achieved only with willingness, trust and good will, but, sadly, those are now in very short supply, and unlikely to be improved by the Prime Minister’s plan to wreck an international agreement that he signed less than three years ago.

June 30, 2022
Robert Buckland – 2022 Speech on the Northern Ireland Protocol Bill

The speech made by Robert Buckland, the Conservative MP for South Swindon, in the House of Commons on 27 June 2022.

I have sat diligently through the entire debate, and I think that the House is soberly and carefully examining an issue that is not just about Brexit or our relationship with the EU, but which goes to the heart of the exceptional nature of Northern Ireland and its position in our great United Kingdom. That arrangement was reached a century ago, whether we like it or not. The consequences of Northern Ireland’s exceptional position have made this particular issue so vexed and complicated.

I was in Government when the final withdrawal agreement was negotiated. We all remember—I certainly do with great clarity—the need for there to be an agreement with the EU for us to be able to chart a way forward, not just in terms of our withdrawal and the period of grace that we had for a year after that, but our subsequent trade agreement. For me, that is of paramount importance.

I therefore come to this debate after very careful and measured thought. As an unalloyed pro-European, I still believe in the importance of Britain’s role with our friends in Europe and the importance of maintaining strong bilateral arrangements, and I do not want to see us doing anything hastily that could jeopardise that important continuing relationship. That is why we should heed very strongly the words of my right hon. Friend the Member for Skipton and Ripon (Julian Smith), who was the Secretary of State for Northern Ireland—he worked diligently to bring back that Executive, with great success—about the need for Franco-British bilateral discussions to proceed at pace. In my considered view, that will be how we unlock the sort of negotiation that everybody in the Chamber wants.

Hon. Members are right to talk about the need for negotiation, but the reality is that there is no negotiation. We cannot even call it a negotiation because Maroš Šefčovič, in working for the Commission, needs political direction from the EU and its member states—most notably, France—to be able to even call his discussions with the United Kingdom a negotiation. That is the reality.

Although masterly inactivity is sometimes absolutely the right way for nation states to proceed, I am afraid that that is not an option for us here. A nation should pursue masterly inactivity when it has a position of advantage and I am afraid that we do not have that, because our essential interests are under threat. We have identified our essential interests as the

“maintenance of stable social and political conditions in Northern Ireland, the protection of the 1998 Belfast (Good Friday) Agreement, the effective functioning of the unique constitutional structures created under that Agreement, and the preservation and fostering of social and economic ties between Northern Ireland and the rest of the United Kingdom”.

Here is the point I want to make, in the short time I have: a lot has been said about necessity, as if it requires imminent peril or an immediate threat facing us just outside the door. Nobody is saying that we face that, but necessity in this context does not require that degree of imminence; it requires a degree of real threat, and growing evidence of a real threat to our essential interests. I would argue that there is such growing evidence. Clearly north-south is entirely unaffected—the respect we are showing for the single market is clear—but there is a growing problem when it comes to east-west. The right hon. Member for Leeds Central (Hilary Benn) put it very well when he talked about the prawn sandwich argument.

I have to say that at a time when there seems to be violent agreement among all the parties of Northern Ireland, and indeed among all of us in this Chamber, the full implementation of the protocol is not what we want to see. Nobody wants that. What on earth are we all arguing about?

Sir Robert Neill

My right hon. and learned Friend speaks wisely about these topics, as ever. He refers to the doctrine of necessity and the tests that must be met. I think he will agree that, whether it be imminent or emerging, there has to be evidence that the high threshold is met. Does he think that, in common with the approach adopted in the United Kingdom Internal Market Bill, if there is evidence so pressing as to justify a departure from an international agreement, with the risks that that involves, it should be brought back to this place for the House to decide in a vote? As was then suggested in that Bill, on the evidence available, there should be a parliamentary lock on the use of that important step.

Sir Robert Buckland

My hon. Friend makes a powerful case. His amendment to that Bill was adopted by this House in 2020; I thought it was a sensible mechanism to allow this House of Commons to have its final say with regard to the implementation of these measures based on clear evidence.

My point is simply that this is not a matter of law or a question of legality. There is a respectable argument that can be deployed by the British Government to assert necessity, but this is not about the law; it is about the evidence that the Government will need to marshal to demonstrate that point. The Government’s responsibility is to be a good steward of the Good Friday/Belfast agreement.

Simon Hoare

Will my right hon. and learned Friend give way?

Sir Robert Buckland

I am afraid I cannot give way any further.

It is paramount that article 1 of the protocol, which says that it

“is without prejudice to the provisions”

of the Good Friday agreement, means that the Good Friday agreement definitely—in my view, as a matter of law—takes precedence. Any Government who fail to act or who sit idly by and ignore the concerns of Opposition Members, the wider community or the wider interests of our kingdom are therefore failing in their duty.

I have listened very carefully this afternoon to the leader of the Democratic Unionist party, the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), and his party. I would like further clarity as to whether in referring to the passage of this Bill he meant its clearance through this House, as opposed to through the other place before it returns here for a final consideration.

Sir Jeffrey M. Donaldson

I was very clear: I want to see progress being made in the passage of this Bill through the House of Commons. I want to see steps being taken that give us the certainty that we will see this legislation moving forward and that Parliament will enact it. In those circumstances, we will respond positively.

Sir Robert Buckland

I am extremely grateful to the right hon. Gentleman. I know that he speaks about the issues with conviction and passion. As a friend of the Union—as a Unionist to my bones—I say to him and his party that it is time to act. It is time for us to come together if we are to restore the stability that the mainstream opinion of people in Northern Ireland, for whom politics is not their everyday preoccupation, is crying out for. What the right hon. Gentleman, his party and I must agree on is that the United Kingdom must be the source of that stability. If we fail to be the source of stability, people cannot be blamed if they vote with their feet—or vote in another way, God forbid.

That is why I am taking part in this debate: because as a Unionist I feel a responsibility for the stewardship of the United Kingdom that I love. I think Northern Ireland is as British as Wales, where I come from, and Swindon, which I represent. It is in the interests of all Conservatives to remember that, however tactically difficult the issue might be, and however inopportune a moment it is to have to make hard and fast decisions, the issue is of such importance that inaction is not an option. Tonight, I urge colleagues to vote for the Bill in the hope and expectation that we will see real progress and the stability that the people of Northern Ireland and the people of Britain want and deserve.

June 30, 2022
Tony Lloyd – 2022 Speech on the Northern Ireland Protocol Bill

The speech made by Tony Lloyd, the Labour MP for Rochdale, in the House of Commons on 27 June 2022.

Anybody in the House who takes legislation seriously ought to start from the presumption that operating tactically is a dangerous process. It is short-sighted and for the short term. However, in the context of Northern Ireland, it is not simply foolish, but very, very dangerous. We know about the forces that have been unleashed in Northern Ireland in recent times. The rhetoric in the election in Northern Ireland only a matter of weeks ago and the rhetoric over weeks and months from the UK Government have heightened tensions in that context. This is dangerous and the House should take that on board.

I do not want to be alarmist. We have to move towards taking a much more serious, much more rational view. The right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) and a number of others made the point about article 13.8 of the protocol. They are right to say that there is scope for amendment under that article. However, that has to be done through negotiation and agreement, and on the basis of getting back to the negotiating table.

We know that if we put a shotgun to the heads of any of the parties in this situation, we will get a negative response. That applies to the DUP and other parts of the community in Northern Ireland. We have to take people with us. Frankly, however, it also applies to the bilateral relationship between the United Kingdom and the European Union. If we are not involved in serious negotiation to look for common-sense solutions, we will fail the people of Northern Ireland.

There is a bigger risk: the situation could be traumatic for people across Northern Ireland. If we enter into a really serious breakdown in our relations with the European Union, things will be dramatically worse for the people of Northern Ireland—as they will be for my constituents and those of every Member of the House—so we need rational politics.

My right hon. Friend the Member for Leeds Central (Hilary Benn) made some sensible points. It has long been the case—this has been obvious from the beginning—that once we began to move towards Brexit, the solution that guaranteed respect for the Good Friday agreement could be reached in only one way. It could not be done by having a hard border across the island of Ireland and it should not be done by having a hard border down the Irish sea. It has to be done through some form of negotiated solution that respects the fact that the two potentially different systems have to be brought as close together as possible.

A sanitary and phytosanitary agreement is obvious. We start from the same premise. No Members from the governing or Opposition parties are arguing that we should deteriorate our SPS conditions in Great Britain. We therefore need a negotiated SPS agreement, as was achieved with not only New Zealand, but Switzerland. They are two different models, but a uniquely UK-EU model would be perfectly practical. Let us move on that and look hard at the practical details. If we take the heavy rhetoric away and see these problems as practical ones that can be solved by good will, we can move the situation on.

There have also been some powerful voices among Government Members about the legality of the Bill. That should worry hon. Members across the Chamber. It is not good enough to compare the Good Friday agreement with the protocol, as though one somehow has to go and the other does not. We have to maintain international law under all circumstances. When I say to people in other countries that we have an expectation of very high standards, I am right to say, “It is because my country also respects those very high standards.” That, actually, is true patriotism. Real patriotism comes from such measures, not simply from jingoistic flag waving. Let us say that it really matters that we are a law-abiding country, because if we are not, frankly, we let ourselves and the world down. We have to confront that serious issue tonight.

I appeal to right hon. and hon. Members to take this issue very seriously and to my friends in the DUP on the same basis, because it will affect all of us—the people in Northern Ireland and in the rest of Great Britain—if we get this wrong. There are some really difficult issues. They can be solved, but they will not be solved by the Bill, even if we amend it. We need to get back to the negotiating table and deal with the practical issues. That is the sensible way forward.

June 29, 2022
David Jones – 2022 Speech on the Northern Ireland Protocol Bill

The speech made by David Jones, the Conservative MP for Clwyd West, in the House of Commons on 27 June 2022.

The status of Northern Ireland in the United Kingdom derives initially from the Act of Union 1800, the sixth article of which provides that, in matters of trade and in treaties with foreign powers, the

“subjects of Ireland shall have same the privileges…as…subjects of Great Britain.”

The 1800 Act was augmented, as we know, by the Belfast/Good Friday agreement of 1998, which declares that

“it would be wrong to make any change in the status of Northern Ireland save with the consent of a majority of its people”.

As hon. Members have said today, the Belfast agreement is fundamental to the maintenance of peace in Northern Ireland, and preserves its constitutional status. The fact that the agreement is crucial is acknowledged in the Northern Ireland protocol, which says that the protocol

“is without prejudice to the provisions of the 1998 Agreement in respect of the constitutional status of Northern Ireland and the principle of consent”.

The essential point is that the protocol, which is part of an international treaty, explicitly acknowledges the primacy of the Belfast agreement—another international treaty.

The agreement, however, has been undermined by the protocol. It is absolutely clear that the arrangements set up by the protocol are having a detrimental impact on life in Northern Ireland and on the privileges of its people. As we have heard, there are burdensome checks on goods passing from Great Britain to Northern Ireland, and that has created a border in the Irish Sea between constituent parts of the United Kingdom, which cannot be acceptable.

As we heard from the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), people in Northern Ireland find it difficult to secure many goods that they have traditionally been able to purchase, and there has been a diversion of trade away from mainland Great Britain and towards the European Union. The disruption has also impacted the democratic institutions of Northern Ireland. The Assembly has not been reconstituted since the elections earlier this year, and the Executive remains suspended. This is a worrying and potentially dangerous state of affairs, especially given the sensitive political history of Northern Ireland.

Angus Brendan MacNeil

Given the right hon. Gentleman’s concern for the Assembly and for democracy in Northern Ireland, does he think that the protocol should be decided on by that very Assembly?

Mr Jones

The Assembly will, in due course, have the right to decide on it, but that will be after the passage of four years.

Both the UK and the EU recognise the practical problems of the protocol and its impact on Northern Ireland. Both recognise that those problems should, if possible, be resolved by negotiation, and hon. Members in all parts of the House have repeated that today. Everybody would like the issues to be resolved through negotiation, but for that to happen, it would be necessary for the EU to change the negotiating mandate given to Vice-President Šefčovič—and that it refuses to do. As we heard from the Secretary of State, there have been extensive negotiations over 18 months, and they have been fruitless.

The Government have a clear duty to take action to restore the privileges of the people of Northern Ireland, so that they are equal to those of people in the rest of the UK, and to respect the primacy of the Belfast/Good Friday agreement. The action that the Government have taken is to introduce this Bill, which does not, as has been suggested, tear up the protocol; on the contrary, it respects and protects the integrity of the EU’s single market and the openness of the land border, both of which are matters in which the EU and the Irish Republic are concerned. There will still be checks on goods arriving in Northern Ireland but destined for the European Union, through a red lane arrangement.

The Bill explicitly protects the EU single market against the movement across the Irish land border of goods on which the correct EU tariffs have not been paid, or which do not comply with EU regulatory standards. It also provides explicitly that no land border infrastructure or checks or controls on the borders may be created. In every respect, that satisfies the European Union’s concerns.

The Bill also complies with the United Kingdom’s obligations under the Belfast/Good Friday agreement. It preserves the status of Northern Ireland in the United Kingdom by restoring the equality of the privileges of its people with those enjoyed by the people of the rest of the United Kingdom.

The Bill is wholly necessary. Without it, the peace process established by the Belfast agreement will be dangerously compromised. It is a crucial but proportionate Bill, and it deserves the support of the House.

June 29, 2022
Claire Hanna – 2022 Speech on the Northern Ireland Protocol Bill

The speech made by Claire Hanna, the SDLP MP for Belfast South, in the House of Commons on 27 June 2022.

These few years have been frustrating and damaging for Northern Ireland, and the Bill adds to that. They have been bad for the economy—for businesses that need stability, not brinkmanship—and for relationships in each of the Good Friday agreement’s three strands: within Northern Ireland; between the north and south of Ireland; and between east and west. More than that, the Bill is being seen as part of the Government’s departure from the Good Friday agreement’s values of compromise, partnership and the rule of law. The Bill recycles the same distortions and half-truths that the people of Northern Ireland have been listening to for the last six or seven years of the Brexit debate, and there is still a failure to reconcile the dilemmas that Brexit forces and the choices that the UK Government have made with the reality of our geography.

Some truly mind-bending arguments have been put forth to justify the Bill. It is said that the Bill is about consent and consensus, when in fact the majority of people in Northern Ireland have not consented to Brexit in any form, and a majority of voters and MLAs reject the Bill in the strongest terms. We are told that it is about protecting the Good Friday agreement, while the UK Government and people whom we all saw scuttling away from Castle Buildings when the Good Friday agreement was being forged—they screamed in the windows for the first few years, while we tried to implement it—are in the middle of body-slamming a cornerstone of that agreement.

We have also heard that the Bill is about rights. If it is truly about rights, the women of Northern Ireland, the LGBT community of Northern Ireland and the minority ethnic community of Northern Ireland would like a word. We have heard that it is about the alleged damage to our economy, when every credible business organisation in Northern Ireland is calling for the retention of the protocol. Business after business lauds the potential of dual market access, and Northern Ireland is the only UK region outside London managing to achieve post-pandemic GDP growth.

We are told that the Bill is about a democratic deficit. That is being protested against by removing the entirety of Government from the people of Northern Ireland, and it will apparently be solved by handing over Henry VIII powers that allow the Government to ride roughshod over everybody in Northern Ireland. I am old enough to remember the time when Brexit was supposed to be about parliamentary sovereignty. We have been promised that, and we were promised sunlit uplands, but people in Northern Ireland are getting the gaslit uplands, given that there has, for years, been a cynical campaign to distort the causes and effects of the protocol.

I understand entirely the hurt and frustration of many ordinary Unionists. They have been catastrophically misrepresented by the Democratic Unionist party, and by the Prime Minister, who insisted—[Interruption.] The DUP has been saying all those words for three, four, five years, and we ended up with the protocol. Some of us are here to try to clear up the mess that was created, while the DUP voted down every option that could have prevented the sea border. Unionists and others are wrong to think that the solution is breaking international law and walking away from partnership and compromise.

I hope that the DUP will understand—I mean this in the best possible way—that hundreds of thousands of us in Northern Ireland who do not identify as Unionists constitutionally compromise every single day; we live in a reality where the governance lines do not directly match up with our identity. We do that because it suits the majority of people, and because Northern Ireland is not a place where hard, sharp lines of sovereignty work, or where the winner can take all. It is a place where governance survives in the shades of grey, as the right hon. Member for Skipton and Ripon (Julian Smith) said.

I am glad that some very plausible solutions, including on sanitary and phytosanitary arrangements and veterinary deals, are being mentioned, because for some reason, they disappeared off the agenda. We are told, “I would do anything for Northern Ireland, but I won’t do that. I won’t agree to a simple, negotiated solution that could remove 70% or 80% of checks.” There is no doubt that the protocol can be smoothed and its operation can be improved; everybody says that. As I have said before, nobody in Northern Ireland loves the protocol, but the better options were voted down. As with everything that is worth doing in Northern Ireland, that improvement will be achieved through partnership and compromises, not by imposing unmeetable red lines. That would remove the people of Northern Ireland from the single market, and that has no support.

Instead of doing the hard work and levelling with the people of Northern Ireland, the Government, to whom the DUP has shackled itself, are choosing to distort and deflect. They are using the “stabbed in the back” narrative; they are saying that this is all the fault of remainers, the EU, the Irish, and those who are not patriots, but we know that this is about the DUP. The hon. Member for Stone (Sir William Cash) mentioned Eamon de Valera, and that reminded me of a quote that has echoed down through Anglo-Irish relationships from the last century. Lord Edward Carson, who had been the leader of Unionism, said in the other place, as he reflected in disillusionment on the shambles left by the Conservative party on the island of Ireland,

“What a fool I was. I was only a puppet, and so was Ulster, and so was Ireland, in the political game that was to get the Conservative Party into power.”—[Official Report, House of Lords, 14 December 1921; Vol. 48, c. 44.]

The only difference between then and now, when we have this miserable, deceitful Bill before us, is that we are talking about maintaining the Conservative party in power and propping up a failing, discredited Prime Minister. This is also perhaps about the Foreign Secretary currying favour with the malevolent European Research Group and once again pulling the wool over Unionism’s eyes.

I suspect that we cannot stop the Bill—people will troop through the Lobby and support it—but Members should understand that people on the island of Ireland, and further afield, are watching the Government. They will have to work through the implications of dealing with a Government who are in a very bad place morally, and who are in contravention of the culture of lawfulness that many of us have worked very hard to cultivate in Northern Ireland. The Government’s approach is fundamentally altering the dynamics of relationships on the island.

Having spent the last six years having the same argument time and again, I do not believe that the Conservative party has it in it to put the people, businesses and economy of Northern Ireland first. I implore my colleagues on the Opposition Benches: please, unshackle yourselves. Work with us—your neighbours, colleagues and friends—on the negotiated solutions that we all know are possible. We have solved bigger problems before; these solutions are available. End this toxic debate. That is what the people of Northern Ireland want. They do not want to have to hear about this day after day on the radio. They want dual market access, and they want our economy to prosper; and that is entirely achievable, with good will.

June 29, 2022
Iain Duncan Smith – 2022 Speech on the Northern Ireland Protocol Bill

The speech made by Iain Duncan Smith, the Conservative MP for Chingford, in the House of Commons on 27 June 2022.

I am grateful to be called so early.

May I start by saying to the right hon. Member for Leeds Central (Hilary Benn) that I agree with all that stuff about the trade issues? They have been on the table for ages. I will just go over one small point. During the breakdown in negotiations when my right hon. Friend the Member for Maidenhead (Mrs May) was Prime Minister, I happened to take a delegation, including Lord Trimble, to see the then chief negotiator. I put to him the fact that the whole issue around trade across the border was easily settled, as long as we were able to trust each other on things like phytosanitary foods and veterinary checks, which the EU does with New Zealand. He completely agreed and said it would be possible, but then it came to another agreement and we have plunged ever since.

It is wholly feasible not to have these ludicrous checks and ludicrous requirements for customs codes to be banged across to the EU, or for the Court of Justice to sit to rule over what is going on in Northern Ireland. It would have been agreed then, under a thing called mutual enforcement, where both sides take complete responsibility for the enforcement of transgressions in the other’s area when it comes to Northern Ireland. That would have solved that problem straight.

Here is the problem: the EU has point blank refused to negotiate that. Here is the point about the protocol. I am not saying that the protocol should go completely. I am saying it should be changed—that is the whole point. When I read it before we originally voted on it, I read clearly what its main purpose was. Article 1, paragraphs (1) and (3) make it clear that the primacy in all this is the Good Friday/Belfast agreement. Upholding that is critical—of course it is.

I served in Northern Ireland. I never want anyone I know to go back to a thing like that again. I lost people in Northern Ireland. It is part of me as much as it is of those who live there. We do not want to go back there. Therefore, the Good Friday agreement must be prime; by the way, it is an international agreement. So we have a problem. We are talking about breaking international agreements, but we have a clash between international agreements. Which one is prime? Paragraphs (1) and (3) of article 1 make it clear that maintenance of the balance in the Good Friday/Belfast agreement is prime. If that is the case, I do not believe—I accept I am not a lawyer; I say to the Minister for the Cabinet Office and Paymaster General, who is on the Front Bench, that that is a badge of pride for me, although I am sure that others would argue differently—[Interruption.] Of course. I always hear him argue and I love it. I have read the text of this. I do not believe this legitimately will break international law. There is a good reason. If the Good Friday/Belfast agreement is so prime in the protocol, it was agreed from the word go that what affected that badly would make this thing fall.

The rest of the protocol is important. The protocol was never seen as permanent. First, it was negotiated under article 50, which means that it cannot be permanent of its own right. Secondly, article 13(8) of the protocol makes it clear that it can be changed in whole or in part. So what is the problem? It is not working—change it. It could have been changed ages ago. In fact, last year, I asked for article 16 to be triggered simply so we could start that process immediately.

The point that I want to make is that the Good Friday/Belfast agreement is critical. It is about safeguarding that first, and then there is no hard border, the EU single market and the UK’s territorial integrity. The last one has clearly been badly damaged and we cannot have that reign any further. Northern Ireland is clearly an important part of the United Kingdom, so it must be treated as an important part of the UK, as much as my constituency is. That is critical. Actually, the protocol specifies that that is one of the priorities. So here we go again: why would the EU not change the mandate? It set a narrow mandate that said that it would deal only with issues that affected the running of the protocol. It did not allow its negotiator to have a mandate that would change article 13(8) of the protocol in whole or in part. We are here today with this because we are only going to be able to force this to happen through this Bill.

There are those who say, “Negotiate, negotiate, negotiate.” Negotiation is not an end in itself. It has a purpose. At some point, you have to leave the room because it no longer works and, until the other side makes a change, you cannot simply go back. That is the real problem that we face. The only time the EU will sit up and look at this is when it realises that the British Government are determined to make this change come hell or high water. If the EU will not agree to the necessity for this, we will have to make it.

I believe that the Government are acting reluctantly. I have listened carefully to what the ex-Justice Secretary, my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland), has said about the efficacy of this in international law. He will speak shortly and we will want to hear what he has to say.

Quite simply, the most important thing is that the EU—including, I might say, Ireland—wakes up to what the challenge really is. The process at the border was wrongly and damagingly weaponised during the negotiations. We got locked down in the original negotiations and ended in this position because it was seen as a stick to beat the dog. The dog was Brexit Britain, and the EU was going to use it no matter what to ensure that it could not be clean. It is time to recognise that that has to stop. So I support the Bill tonight not on technicalities, but on the reality as it has turned out.

Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)

I am surprised to see the right hon. Gentleman wanting to interfere further on “Brexit means Brexit.” Is he not the one who told the House in October 2019 that this matter had been

“debated and thrashed to death”

and said that if anything else needed debating about it, he

“would love to know what it is”?—[Official Report, 22 October 2019; Vol. 666, c. 853.]

When was the epiphany?

Sir Iain Duncan Smith

I read the protocol—that is why. I do not know whether the hon. Member did. In the protocol, it is clear that if it does not work, it will be changed

“in whole or in part.”

He should have read it, and he would have understood. The whole point is that we can change it. The protocol has always been clear: the seeds for its own major change are in it. [Interruption.] I made no resolution on it. I was absolutely right to do so, and I would repeat that. [Interruption.] Whether he wants to hear what I have to say is another matter altogether. He had his moment in the sun and he lost, so I will move on.

I say to my right hon. and hon. Friends on the Front Bench that we are here out of necessity because of how the EU has behaved, and, I must say, because of how the Irish Government have behaved. Some people, such as the Irish Taoiseach, have been good—he has been much more reasonable—but quite recently the Irish Foreign Secretary celebrated the diversion of trade that was taking place. That contravenes article 16 and makes it clear that the protocol has to be changed. I read the treaty, but I do not think that the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) did.

I do not believe that the Bill breaks international law. It is a clash of international treaties, and the most important international treaty is the Belfast/Good Friday agreement. Maintenance of that is critical. I want to see the DUP back in power sharing. I understood the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) to say that he would head in that direction and get back into power sharing once the Bill was through the Commons. I hope so, and I will hold him to that. Let us get the Bill done as quickly as possible, because only then will the EU realise that we mean business.

June 29, 2022