Monday 27th June 2022
(2 years, 4 months ago)
Commons ChamberNorthern Ireland Protocol Bill 2022-23 View all Northern Ireland Protocol Bill 2022-23 Debates Read Hansard Text Watch Debate
21:58 - The House divided: - Ayes: 295 / Noes: 221 - Question accordingly agreed to.
The Secretary of State for Foreign, Commonwealth and Development Affairs (Elizabeth Truss)
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.
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.
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.
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.
The Secretary of State for Northern Ireland (Brandon Lewis)
I thank all Members who have spoken on Second Reading. I will attempt to respond to as many of the points raised as possible, perhaps leaving out the choice of sandwich that the hon. Member for Hove (Peter Kyle) has been talking about this evening and in various interviews. There have been a huge number of thoughtful and insightful speeches and a wide range of views have been expressed across this House. That shows the interest and the support, certainly from the Conservative Benches, for ensuring a resolution to the issues affecting the people of Northern Ireland.
The Northern Ireland protocol, while agreed with the best of intentions, is causing practical problems for people and businesses in Northern Ireland, including trade disruption and diversion, significant costs and bureaucracy for traders. It cannot be right that it is easier to send goods from Great Yarmouth to Glasgow than to Belfast—still a part, and an important part, of the United Kingdom. Everybody in the United Kingdom should be able to access products and goods in the same way.
Political life in Northern Ireland is, as it has been, built on compromise and power sharing between communities, as the hon. Member for North Antrim (Ian Paisley) outlined, but the protocol does not have the support of all communities in Northern Ireland. As a result, we are seeing both political and social stress in Northern Ireland, including the lack of functioning of both the Northern Ireland Executive and the Northern Ireland Assembly, as rightly outlined by my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland).
It is clear that the protocol has become a major political problem, and it is putting a strain on the delicate balance inherent within the Belfast/Good Friday agreement. It is worth noting, and it might be forgotten from what some Opposition Members have said today, that all party leaders in Northern Ireland, at some stage or another over the past few months, have been clear that there is a need to change the Northern Ireland protocol. This legislation is about preserving the wider social and political stability in Northern Ireland, finding a more stable and sustainable solution, and ensuring that the frictions faced by businesses and consumers in Northern Ireland on goods coming from the rest of the United Kingdom are removed.
It remains the preference of the UK Government to achieve these benefits through negotiations. These are negotiations that have been conducted by the Foreign Secretary and predecessors over the past 18 months. The lack of flexibility that we have seen from the EU, as rightly outlined by my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell), has led us to the point where it is right that we make a decision about taking forward a solution that works for the people of the United Kingdom and, within the United Kingdom, the people of Northern Ireland.
This Bill will enable us to implement a successful negotiated settlement as well. It is important to recognise that that will require a significant change in approach from the EU Commission, as a number of hon. Friends have outlined. I am afraid that that change has not yet been forthcoming. The scale of problems and the depth of feelings aroused by the protocol unfortunately, if anything, have been exacerbated, rather than eased by the current EU approach—whether it was through triggering article 16 over crucial vaccine supplies to Northern Ireland in January 2021, launching infraction proceedings following emergency easements to ensure the movement of food and parcels to Northern Ireland in March 2021, or repeatedly failing to show pragmatic flexibility in more than 300 hours of negotiations over the past nine months and continuing to insist on processes that would add to, rather than remove, the burdens currently felt by businesses moving goods to Northern Ireland.
John Redwood
Has my right hon. Friend noticed how Labour always takes the side of the EU, even when, as in this case, the EU is damaging the Good Friday agreement and diverting trade expressly against the legal provisions of the protocol?
Brandon Lewis
My right hon. Friend makes a fair point. He will know from attending oral questions to the Northern Ireland Office that I have regularly had to listen to the hon. Member for Hove at the Dispatch Box taking the side of the EU—but then, the hon. Member wants to rejoin the EU, so I suppose we should not be surprised.
We should also be clear about the reality, when we hear about the flexibility of the European Union and the offer it has made, based on its October offer. That would be a backwards step from the current situation, which is already not working for businesses and people in Northern Ireland.
Sir Robert Goodwill (Scarborough and Whitby) (Con)
Does my right hon. Friend agree that if the Scottish nationalist party tonight votes against this great piece of legislation, it will be voting to continue the situation whereby Scottish seed potatoes—the best-quality and the healthiest seed potatoes in the world—will be banned from export to Northern Ireland?
Brandon Lewis
My right hon. Friend is renowned for always speaking good sense, as he did in that intervention. I can go further; I was given an example not too long ago about the frustration of people in Northern Ireland at not being able to secure a supply of trees from Great Britain to plant in the Queen’s canopy to mark the platinum jubilee, because of the threat to the single market. The last time I saw trees uproot and walk across a border was in “Game of Thrones”—I happily commend the “Game of Thrones” studio tour to everybody in this Chamber when they visit Northern Ireland—but that is not a real threat to the EU single market.
The lack of progress and the subsequent failure of the Northern Ireland power-sharing arrangements is exactly why we as a Government must be prepared to act in the best interests of Northern Ireland and for the stability and delivery of the Belfast/Good Friday agreement.
Karin Smyth
The Secretary of State talks about the movement of goods. When I was shadow Northern Ireland Minister, I repeatedly asked him, in the run-up to the final decisions, why he did not prepare British businesses better for the agreement he had made. He consistently said, “There is unfettered access, always, both ways.” Why were British businesses not prepared for the deal he agreed?
Brandon Lewis
We have delivered unfettered access from Northern Ireland to Great Britain. I appreciate that hon. Lady is talking about where we do have real challenges, with goods moving from Great Britain to Northern Ireland. There were flexibilities and vagueness, and some areas of the protocol, in terms of implementation, were not resolved. That was why we had the grace periods, why we had to extend the grace periods and why we now have the standstill. That is exactly why the EU’s offer, which it pretends provides flexibility, is a backwards step from where we are today; and it is why nobody in this House should accept it unless they are determined to do damage to Northern Ireland.
This legislation will fix the practical problems that the protocol has created in Northern Ireland. It will enable us to avoid a hard border, protect the integrity of the United Kingdom and safeguard the EU single market. The right hon. Member for Tottenham (Mr Lammy) spoke at some length—more than half an hour—in his opening remarks, and yet in the totality of those remarks we heard no plan, no proposal and no alternative from the Labour party, just words. The same goes for the hon. Member for Hove.
There were two interesting points, however. The right hon. Member for Tottenham raised Magna Carta to show the importance of treaties. He is right that Magna Carta is an important piece of our history, but he may want to recall that there were 63 clauses in it, and treaties evolve; that is why only four of them remain in place today. He also outlined, and I quote:
“In our discussions, the DUP had consistently said that it wanted a negotiated settlement”.
I gently say to him that that seemed to be a surprise to all the DUP Members, so he learned something else—[Interruption.] He talks from a sedentary position, but he might want to check Hansard.
As I say, what we have heard is an outline of noise without any real proposals or any alternative. Many hon. Members, however, have raised important points around the question of legality, particularly my right hon. Friend the Member for Maidenhead (Mrs May) and my hon. Friends the Members for Bromley and Chislehurst (Sir Robert Neill) and for North Dorset (Simon Hoare). I can assure the House that this Bill is not just necessary, but lawful. Proceeding with this Bill is legal in international law and in support of our prior obligations to the Belfast/Good Friday agreement. The protocol is undermining all three strands of the Belfast/Good Friday agreement, as the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) well outlined, and the institutions that underpin it. It is the Government’s assessment that this Bill is currently the only way to provide the means to alleviate the socio-political conditions while continuing to support the protocol’s overall objectives of including and supporting north-south trade and co-operation, in the interests of both the EU and the UK, by ensuring that we protect its single market while protecting the UK’s internal market. These are all aspects of the Belfast/Good Friday agreement.
We recognise that necessity can only exceptionally be invoked in lawfully justified non-performance of international obligations, as was covered very eloquently by my right hon. and learned Friend the Member for South Swindon. This is a genuinely exceptional situation. It is only in the challenging, complex and unique circumstances in Northern Ireland that the Government have decided to bring forth this Bill. It has always been this Government’s position that should the operation of the protocol or withdrawal agreement be deemed to undermine the Belfast/Good Friday agreement, this would take precedence as the prior commitment under international law. That was outlined back in March 2019 by the then Attorney General and the then Secretary of State for the Department for Exiting the European Union. That was not just the understanding of the UK Government; it was the basis on which the protocol was agreed by both parties. The text of the protocol itself is clear that the Belfast/Good Friday agreement should be protected in all its parts. We should all take note of the important and powerful words of Lord Trimble, an architect of the Good Friday agreement.
Many colleagues have raised article 16. We have always reserved the right to take safeguarding measures under article 16 and have made the case that since the summer of last year, the threshold had been met. This Bill is the most effective, efficient and sustainable way to address the far-reaching problems that have arisen as a result of the application of the protocol. Article 16 in itself does not solve the problems in the way this Bill will. It is not only temporary but starts another process.
Hon. Members such as my right hon. and learned Friend the Member for South Swindon and my hon. Friend the Member for Stone (Sir William Cash) talked about the Northern Ireland Executive and Assembly. We have been clear with all parties in Northern Ireland that we do need to see, and I want to see, the Executive back up and running to deliver for the people of Northern Ireland. That has to be a priority for all of us. We want to see that Assembly and Executive as soon as possible. The people of Northern Ireland deserve a stable and accountable devolved Government who deliver on the issues that matter most to them. It is clear from comments today that this Bill is a key component that will see the Northern Ireland Executive and Assembly return, as we heard from the right hon. Members for East Antrim (Sammy Wilson) and for Lagan Valley. I think we can all welcome those comments. This Bill builds on that work. That is what I have heard in the conversations I have had in meeting all party leaders who want to see Stormont return.
The New Decade, New Approach agreement restored the devolved institutions after a three-year impasse, and we all need to work together to uphold the stability that it provided. We as a Government have a strong record in making sure that the institutions are up and running after too many years of hiatus. The New Decade, New Approach agreement, as set out in legislation, provides for a period of up to 24 weeks for Northern Ireland’s political representatives to restore functioning devolved institutions. I expect the parties to make full use of this time to engage with one another in earnest to restore fully functioning devolved institutions and to develop a programme of government that I have written to all the party leaders to encourage work on.
We do have a role on the international stage. The UK has shown what it stands for in the world, not just with rhetoric but with actions, through our extensive support of Ukraine, our unprecedented offer to those fleeing political instability in Hong Kong, and our leadership of international institutions that is demonstrated again this week at the G7 and NATO summits. We have led the way on climate change, as in so many other areas. That is why it is important, and we are focused on ensuring, that we are acting within the bounds of international law. Indeed, we have repeatedly emphasised that it is only the rare, exceptional circumstances in Northern Ireland that make this intervention necessary.
Stephen Kinnock
In a tweet that the Secretary of State issued on 1 January 2021, he said:
“There is no ‘Irish Sea Border’. As we have seen today, the…preparations the Govt and businesses have taken to prepare for the end of the Transition Period are keeping goods flowing freely around the country, including between GB and NI.”
Can he explain how that tweet is compatible with this Bill?
Brandon Lewis
Absolutely, and I appreciate the opportunity that the hon. Gentleman gives me to talk about what I said back in January. This highlights exactly the behaviour we expected from the European Union around inflexibility in implementing the protocol. What we have seen since has reinforced that point, and that lack of flexibility and lack of understanding of the nuances of Northern Ireland have led us where we are today. [Interruption.] I gently say to him, while he chunters from a sedentary position, that if he looks at the decisions we took last year to ensure that goods could continue to flow to Northern Ireland, he will see that we took them under criticism from the EU, but they have been vital to ensuring stability in Northern Ireland and access to at least those products that are flown overseas, as international partners have recognised.
The EU has recognised that there are problems with the Northern Ireland protocol; it is just not willing to show the flexibility that is needed to resolve those issues. We are clear that we will ensure that we protect the EU single market, a tiny proportion of which could be deemed to be at theoretical risk. That is why it is important that we get the balance right.
Ian Paisley
Can the Secretary of State use this opportunity to confirm something, because there will be businesses listening to his every word? In fact, he is probably box office tonight in Northern Ireland among many businesses. In relation to clauses 4 to 13 of the Bill, can he confirm that goods entering what is called the green channel—going from GB to Northern Ireland—will be treated in exactly the same manner as goods travelling from England to Scotland, or from England to Wales?
Brandon Lewis
The hon. Gentleman makes an important point, and it is absolutely our determination that the Bill will ensure a good, flexible free flow of products from Great Britain to Northern Ireland, in the same way that they would move from Great Yarmouth to Carlisle, Birmingham or London. That is what we want to deliver.
One of the reasons we have taken what colleagues refer to as the Henry VIII powers is to ensure that we work with business to make sure that those regulations deliver that free-flowing, flexible process without the bureaucracy that is deterring businesses from accessing Northern Ireland.
Sir Jeffrey M. Donaldson
The Secretary of State refers to an important point, namely the regulations that this Bill will make it possible to introduce. Clause 1 is clear that nothing in this Bill should harm the Act of Union. Will he confirm that the regulations that will be brought forward from this Bill will not do anything to harm the Act of Union?
Brandon Lewis
Absolutely, and that is why it was important to have that in the Bill—the right hon. Gentleman is absolutely right. Let us be clear: for just under a quarter of a century, the Belfast/Good Friday agreement has been the foundation of peace, stability and political progress in Northern Ireland. All three strands of the agreement are under threat, as we stand here today, and that is a direct result of the protocol. This Bill is the route to a solution. It is legal, it is necessary and it is right for the United Kingdom. Most importantly, it is not just right for the whole UK; it is right for the people and businesses of Northern Ireland. It creates the environment to facilitate the return of a fully functioning Executive.
While the Opposition have voiced criticisms, they have proposed no alternatives. We are taking the decision to act to protect the hard-won gains of the peace process in Northern Ireland. We owe it to the people of Northern Ireland to fix the problems, and that is why, as Secretary of State for Northern Ireland, I commend this Bill to the House.
Question put, That the Bill be now read a Second time.