The Abortion (Northern Ireland) Regulations 2021

Brandon Lewis Excerpts

Tuesday 23rd March 2021 Written Statements

[The Secretary of State for Northern Ireland (Brandon Lewis)]

Yesterday the Minister of State made the Abortion (Northern Ireland) Regulations 2021 which are today being laid before Parliament. The regulations have been made because women and girls in Northern Ireland are still unable to access high-quality abortion and post-abortion care in Northern Ireland.

The regulations have been made to ensure, as required by the Northern Ireland (Executive Formation etc) Act 2019, that all of the recommendations in paragraphs 85 and 86 of the 2018 UN Committee on the Elimination of Discrimination Against Women (CEDAW) report are implemented in Northern Ireland.

We are disappointed with the continuing failure to commission abortion services that are consistent with the regulations we made almost a year ago. After a year of engaging to see positive progress made, with no success, the legal duties included in section 9 of the NIEF Act are such that I have to act now.

The Abortion (Northern Ireland) Regulations 2021 laid in Parliament today give me a power to direct Northern Ireland Ministers and departments or relevant agencies to implement all of the recommendations in paragraphs 85 and 86 of the CEDAW report, consistent with the conditions set out in the Abortion (Northern Ireland) (No.2) Regulations 2020.

We do not take this step lightly. However, the devolution settlement does not absolve us of our responsibility to uphold the rights of women and girls. Our strong preference remains for the Northern Ireland Executive to take responsibility itself for upholding these rights.

It has always been our expectation and preference that the Department of Health would drive forward the commissioning of abortion services. The approach we took was to put in place the legal framework for how abortion services could be accessed and provided, consistent with our legal duties. However, it is crucial that abortion, as a healthcare service, is delivered and overseen locally by the Department of Health and relevant health bodies with the relevant legal powers, policy and operational expertise to do so. This ensures that abortion can be delivered in a sustainable way, and become embedded into the health and social care system in Northern Ireland in the long term.

In March 2020, I wrote to the relevant Northern Ireland Ministers to achieve this, by asking that they work to ensure the implementation of all of the recommendations under paragraphs 85 and 86 of the CEDAW report. We had anticipated this would be acted upon at the earliest opportunity.

Over this past year the Northern Ireland Office has continued to work closely with the Department of Health, and other relevant Northern Ireland departments, trying to progress this work. I, together with the Minister of State, have continued to engage through political channels to encourage positive progress by the devolved Administration.

However, almost one year later, women and girls are still unable to access high-quality abortion and post-abortion care locally in Northern Ireland in all of the circumstances in which they are entitled to under the 2020 regulations.

We understand that managing the covid-19 response has been an immense challenge, and has placed the health and social care system in Northern Ireland under considerable pressure.

I put on record my thanks to the medical professionals who have ensured that women and girls have had some local access to abortion services in Northern Ireland to date, and the organisations that have supported this work, particularly in the current circumstances and wider strains on the health system. This includes the work that Informing Choices Northern Ireland have taken forward on the central access point and counselling service for women and girls since April last year.

However, more needs to be done with respect to formally commissioning abortion services and supporting the rights of women and girls in accessing safe local services and relevant support measures; as well as putting in place clear guidance for medical professionals.

While Parliament considers the regulations, we will continue to engage with the Minister of Health and the Executive to try and find a way forward over the coming weeks before any direction is given.

We have used every opportunity and avenue to encourage progress and offer our support over the past year so we are disappointed that we have reached this impasse. We take this step now to further demonstrate our commitment to ensuring women and girls can safely access abortion services in Northern Ireland.

[HCWS875]

Northern Ireland Protocol

Brandon Lewis Excerpts

Wednesday 10th March 2021 Commons Chamber

[Louise Haigh (Sheffield, Heeley) (Lab)]

(Urgent Question): To ask the Secretary of State for Northern Ireland if he will make a statement on the Government’s unilateral action on the Northern Ireland protocol.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

The Government are committed to giving effect to the protocol in a pragmatic and proportionate way, one that is needed. We will continue to work with colleagues in Westminster, with the Northern Ireland Executive and with businesses to support our sensible approach.

As I announced last Wednesday in this House, the Government have taken several temporary operational steps to avoid disruptive cliff edges as engagement with the EU continues through the Joint Committee. These steps recognise that appropriate time must be provided for businesses to implement new requirements, and that action was needed in the immediate term to avoid any disruption to flows of critical goods, such as food supplies, into Northern Ireland. Since that statement, further guidance has been provided, including on parcel movements.

The protocol was agreed as a unique solution to the complex challenges that are before us. Its core aims include upholding the Belfast/Good Friday agreement in all its dimensions, north-south and east-west, and ensuring that the implementation of the protocol can be given effect in a way that minimises the impact on the everyday lives of communities in Northern Ireland, as the protocol itself pledges. The Government remain committed to meeting our obligations, and doing so in the pragmatic and proportionate way that was always intended.

[Louise Haigh]

Thank you, Mr Speaker, for granting this urgent question. In recent weeks, we have seen the threat of instability return to Northern Ireland. Without responsible leadership, the Brexit deal that the Prime Minister negotiated always had the potential to unsettle the delicate balance of identities across these islands. It was only on 24 February that the Chancellor of the Duchy of Lancaster said that we are committed to jointly finding solutions

“to make the Protocol work”.

Just seven days later, the Secretary of State unilaterally undermined that commitment, sending a clear message that the Government’s word cannot be trusted, which raises serious questions about whether the Government have a strategy at all to deal with the complex realities facing Northern Ireland.

Provocation is not a strategy, and a stop gap is not a solution, so what precisely is the Government’s intention? Is it to push the protocol to breaking point, and undermine the cast-iron commitment to avoid a hard border on the island of Ireland, or is it to find the solutions that businesses are crying out for? If it is the latter, can the Secretary of State give us something tangible? What kind of agreement is being sought, for instance, on common veterinary standards that would deliver the long-term solutions needed to prevent disruption? Does he think that the Irish Government saying that we are no longer a partner that can be trusted will make such solutions more likely or less? Does he think that the behaviour of Lord Frost will make desperately needed flexibility from the EU more likely or less? Does he think that that approach will make the chances of a successful relationship with President Biden more likely or less?

Will the Secretary of State confirm whether the actions taken last week breach international law for a second time? This is an extraordinary position for the Government to be in: having to break the law and trash Britain’s international reputation to remove checks that they claimed never existed. Is it not now time to show responsibility to the people of Northern Ireland, be honest about the consequences of the Brexit deal that the Prime Minister negotiated, and commit to working with the EU to find the long-term solutions that we desperately need?

[Brandon Lewis]

I note from the hon. Lady’s comments that, from memory, she did not at any point disagree with the substance of any of the measures that we have brought forward, which are critical to protecting the flow of goods in Northern Ireland, so I assume that she inherently supports what we have done. She will be in good company, because the actions that we took last week have been backed by a range of businesses and the communities in Northern Ireland. The Northern Ireland Retail Consortium itself said:

“The retail industry welcomes the extension of the grace periods…even if it is unilaterally, to allow us to continue to give Northern Ireland households the choice and affordability they need.”

That sentiment has been echoed by many others, who have said that the action was needed in relation to the immediate grace period deadlines.

I have spent a lot of time over the last few months, and certainly in the last couple of weeks, for obvious reasons, talking to businesses that were very clear that, had we not taken that action last week, we would have seen disruption to food supplies in literally the next couple of weeks. Underlying the point that the hon. Lady made in her opening comments about stability is the fact that it was important for stability for people in Northern Ireland, and for the future of the protocol, for us not to be in a situation where, because of the way things were being implemented, we would have had empty shelves again, potentially in just a couple of weeks’ time. I am sad that she was almost arguing that that could be acceptable. It simply is not.

In terms of the hon. Lady’s questions on the action that we have taken, the measures that I announced last Wednesday are lawful. They are consistent with a progressive and good faith implementation of the protocol. They are temporary operational easements, introduced where additional delivery time is needed. They do not change our legal obligations set out in the protocol, and we will continue to discuss protocol implementation in the Joint Committee. Some of the issues that she has raised are those that we are working in through the Joint Committee.

We would have liked to be able to get this agreement with the EU. Sadly, that was not possible within the timeframe in which we had to make a decision to ensure that the people of Northern Ireland did not suffer loss of trade and loss of flow of products into Northern Ireland in the next couple of weeks. That is why we took some simple, operational and pragmatic decisions last week.

I have to say I am a bit disappointed, although I probably should not be surprised, to see a Labour Front Bencher standing here and defending the EU, rather than defending the actions of the UK Government, who are standing up for the people of the United Kingdom and, in this case, making sure that we do the right thing by the people of Northern Ireland. As a Unionist, I ask the hon. Lady whether she really feels she is in the right place on this.

[Mr Speaker]

We go now to the Chair of the Select Committee on Northern Ireland Affairs, Simon Hoare.

[Simon Hoare (North Dorset) (Con) [V]]

Thank you, Mr Speaker. May I say to my right hon. Friend that it is not the what but the how? The Government did not reluctantly inherit the protocol; they authored it jointly with the EU, with all its modus operandi. Do the Government understand the very destabilising effect on trust that such unilateral action has in both UK-EU relations and in UK-Irish relations? May I urge the Government to desist the narrative of unilateral action and debate, to get back around the Joint Committee table and to make sure that the protocol works, that everybody understands that it is here to stay, and that it can benefit very significantly the people, the economy and the communities of Northern Ireland?

[Brandon Lewis]

As I said, the protocol was agreed as a unique solution to complex and unique challenges, recognising the unique situation of Northern Ireland, but we wanted to work these things through in agreement with the EU. The reality is that the EU had not come to an agreement on these matters. As we see these decisions go through, I hope it will be seen that they are pragmatic, operational and temporary. Just a few weeks ago, we saw the Irish Government implement temporary flexibilities very similar to what we are talking about, without giving an end date and without anyone criticising or challenging them.

We want to continue to work with the EU. We recognise that of course the EU’s focus is on the single market. We have to make sure our focus is always clearly on our commitment to the Good Friday/Belfast agreement, which is not just north-south but east-west as well.

[Mr Speaker]

We go to the Scottish National party spokesperson, Richard Thomson.

[Richard Thomson (Gordon) (SNP) [V]]

Thank you, Mr Speaker. I echo the words of the Select Committee Chair: it is not the publicly stated objective of protecting the flow of goods that is at issue here; rather, it is the provocative and belligerent manner in which the Government seem to be determined to go about trying to achieve that.

The Chancellor of the Duchy of Lancaster said previously that he believed Northern Ireland was getting

“the best of both worlds”

through the protocol, and that any issues arising from the new arrangements could be resolved within the terms of that protocol, without needing to trigger the article 16 procedure. At a time when flexibility is needed, this action will ensure that the good will towards the UK Government that is needed to secure changes to the arrangement they took so long to negotiate is in shorter supply than ever before. The conduct of the Brexit negotiations came at the expense of the UK’s reputation for political stability and good governance. Is not this latest development one which will come at the expense of any lingering trust there may be in the UK Government as a trustworthy international partner, who can be relied upon to keep their word?

[Brandon Lewis]

We are a trustworthy partner and have always been clear about what we would do and the reasoning for what we are doing. Rather like the Irish Government did a few weeks ago when they took sensible flexibilities, we have taken flexibilities. We have given a timeline for them; they are temporary, operational and the right thing to do for the people of Northern Ireland.

Returning to the point made by the hon. Member for Sheffield, Heeley (Louise Haigh) about stability in Northern Ireland, it is undoubtedly the case—it can be seen in any engagement in Northern Ireland across the entire community—that the action the EU took when it talked about and actually started to implement article 16 on that Friday night had a huge impact on communities across Northern Ireland, and the issue still lingers. We need to recognise and understand people’s sense of identity in Northern Ireland, the impact on it and the tension created by that action.

Our actions were about making sure that we did not have a further problem, which could well have occurred in the next couple of weeks. According to the businesses we have been dealing with, if we had not taken action urgently last week, there would have been empty shelves in Northern Ireland. That is not what the protocol is about and it is not fair to the people of Northern Ireland.

[Jacob Young (Redcar) (Con)]

I share the Minister’s determination to protect the integrity of the Good Friday/Belfast agreement in terms of both north-south and east-west. The EU’s decision in January to invoke article 16 was in complete contradiction of the spirit of the protocol. Shamefully placing the EU’s protection of its single market over the protection of the Good Friday agreement seriously undermined cross-community confidence of its operation. Does the Secretary of State agree that it is now incumbent on the EU to remedy its mistake and restore trust in the protocol in Northern Ireland?

[Brandon Lewis]

My hon. Friend makes a very important and powerful point. He is quite right that it is important we remember that the Good Friday/Belfast agreement is about the entire community: it has a north-south and an east-west dimension, and people need to understand that.

I was very pleased that the EU Vice-President agreed to meet with businesses and civic society. We hear, from across communities and across businesses, their concerns and fears about the actions that have been taken and the fixes they need to see in the protocol, some of which the hon. Member for Sheffield, Heeley asked us to get on with and do quickly just a couple of weeks ago. That is what we have done, for the best interests of the people of Northern Ireland and to ensure that the protocol can work and function as it was always designed and intended to do.

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

We welcome and support even the limited measures that the Government have taken to protect businesses in Northern Ireland, but even an extended grace period still leaves us with a reality that, in the words of the permanent secretary of the Department of Agriculture, Environment and Rural Affairs, 20% of all the checks taking place on all borders across the European Union are now taking place in the Irish sea. That will increase substantially beyond the grace period, so we need a permanent solution to this problem—the sooner, the better.

[Brandon Lewis]

The right hon. Gentleman makes an important point. I send my best wishes to his colleague, Minister Poots, who is now returning to work after his recent illness, which is really good news.

The right hon. Gentleman has highlighted the practical impact of some of these things, and the importance of our getting solutions to ensure a good, flexible flow of goods, as we have always outlined was our vision, going back to our Command Paper last year. That is why it is important that we continue the conversations, and I encourage the EU to go further with those with civic society and business organisations in Northern Ireland, which it promised to do. We are keen to see the EU engage further, which I hope it will do shortly to understand the needs and the flexibilities that are practical, both for Northern Ireland and, ultimately, the wider EU as well.

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

Could my right hon. Friend explain to the European Union that we are perhaps more committed to the Good Friday agreement and the avoidance of new infrastructure on the border between north and south than it has so far demonstrated itself to be, and that the idea that the Northern Ireland protocol is a work of such perfection that it is beyond improvement is a myth? Can he ask them also to explain why the sale of English sausages in Northern Ireland is somehow a threat to the integrity of the EU single market, or to the Good Friday agreement?

[Brandon Lewis]

My hon. Friend makes a really important point, and I am determined, as the Prime Minister is, to ensure that the great British banger—the great Norfolk sausage—will continue to be enjoyed by those who wish to do so across the counties of Northern Ireland in perpetuity. However, it is important—this is why the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) was absolutely right—that we use these grace periods to get long-term solutions.

My hon. Friend is also absolutely right that our commitment to the Good Friday/Belfast agreement is steadfast. That is why all the actions we have taken, both last year and recently, have been about ensuring that we do not have borders, and that we respect the north-south and east-west dimensions. There is another important point here, which I hope has come through in the conversations we have been able to organise with Vice-President Šefčovič recently: it is important to understand the effect on the sense of identity that people in the Unionist community in Northern Ireland have. After the actions of that Friday a few weeks ago, it is important to repair that.

[Colum Eastwood (Foyle) (SDLP)]

It really is a new experience to be lectured by the European Research Group about the Good Friday agreement. Last week, the Secretary of State rushed out—sneaked out—an announcement unilaterally on Budget day that his Government would once again break international law. Given that Governments across Europe and politicians on Capitol Hill and in the White House are furious about this move, is the Secretary of State at all concerned that this Government’s reputation is in tatters across the world?

[Brandon Lewis]

I am afraid that I have to contradict the hon. Gentleman on pretty much every point he has just made. First of all, I do not think it is sneaking out of the House to stand here and make these points at oral questions, as we did last week. I outlined at oral questions the measures that we were taking, and obviously colleagues asked questions on them. We published the written ministerial statement, as well as, obviously, publishing guidance and other matters more publicly after that. So I do not think that really qualifies for that.

In terms of lawfulness, these are lawful actions, as I outlined last week and I have outlined already this afternoon in answer to the hon. Member for Sheffield, Heeley. They are about implementing the protocol and they fit with our obligations under the protocol. We will continue to make sure that we deliver on that in a pragmatic and flexible way to work for the people of Northern Ireland. It is indeed international, but this is a lawful action.

I would just say that, bearing in mind that the Irish Government took similar action themselves just a few weeks ago and that these are temporary, pragmatic operational things to ensure that the protocol can work and to avoid further tensions and problems for people across communities in Northern Ireland, I would hope that people across the EU and our friends in the US will see that this is an important piece of work that we have done to ensure that we can deliver on the protocol, respecting the Good Friday agreement in all its strands—not just north-south but, importantly, east-west as well.

[Jerome Mayhew (Broadland) (Con) [V]]

One of the key aims of the Northern Irish protocol was to prevent a destabilisation of the peace process, and we all remember how Monsieur Barnier took every opportunity to remind us how important that was when negotiating the agreement, yet the shortages that we are seeing in shops now, and the disruption to trade being caused by the EU’s insistence on heavy-handed inspections, is doing just that. What does my right hon. Friend think would have been the impact on the stability of the peace process if he had not taken this action?

[Brandon Lewis]

My hon. Friend makes a very important point. I know that he has a huge background of experience and knowledge of issues of Northern Ireland. What I would say to him is that I understand that the EU has recognised and, to be fair, Maroš Šefčovič himself has apologised and said it was a mistake, but the action that the EU took did happen, and it had an impact. It has had an impact in terms of tensions and feelings of identity in Northern Ireland. My view, having spoken to businesses, is that if we had not taken the action that we took last week, we would have had empty shelves in supermarkets in Northern Ireland imminently. I think that would have raised tensions further and it may well have undermined the protocol fatally, in a way that is not in the best interests of the EU, the UK or the people of Northern Ireland.

[Mr Alistair Carmichael (Orkney and Shetland) (LD) [V]]

I have to say that it is far from clear to me exactly what the Government are trying to achieve in relation to the Northern Ireland protocol at the moment, but whatever it is, I have to think that it can only have been damaged by what we saw happen and the continued insistence on unilateral action here. May we just have a pause and a reset, and focus on using this grace period to achieve the things that will be necessary for the long-term creation of sustainable procedures? Primary among those, surely, must be the agreement of an EU-UK veterinary protocol. Will the Secretary of State update the House on what is happening on that—what barriers remain to an agreement of that sort and when we can expect to hear of its successful conclusion?

[Brandon Lewis]

The right hon. Gentleman makes an important point. We do want to work with the EU on a range of issues, and part of the issue around extending these grace periods was ensuring that we did not have a cliff edge and that we had that time and space for businesses to adapt and for us to work through some issues with the EU in a mutual way that works for everybody, as we have done this year. There were examples through January, on VAT on second-hand cars and other issues, where we worked through agreements with the EU that have worked to deliver on some of the issues for people in Northern Ireland, and we want to continue that way.

The reason we made the decision last week was purely that we were at this time-critical point. Because of the way supply lines and timelines work, if we had not made the decision last week, it would have been too late, even this week or next week, to prevent issues for supply lines into Northern Ireland. Going forward, we want to continue to work with the EU, including on issues such as that which the right hon. Gentleman outlined. My right hon. Friend the Secretary of State for Environment, Food and Rural Affairs is working with his counterparts in the EU on those very issues now.

[Theresa Villiers (Chipping Barnet) (Con)]

Article SPS.5, paragraph 3(d) of the trade and co-operation agreement obliges the EU to ensure that its sanitary and phytosanitary procedures

“are proportionate to the risks identified”.

Is it not inconsistent with that provision for the EU to seek to end the grace period and impose full SPS checks, given that our food standards are every bit as good as its and some of the toughest in the whole world?

[Brandon Lewis]

My right hon. Friend, who has a huge wealth of experience at the Dispatch Box in this particular field, is, unsurprisingly, absolutely right. We have fantastic, very high food standards here; they are world leading. That is why I hope and, as I say, I think it is right that we will be able, ultimately, to secure a good and practical, pragmatic agreement with the EU. Again, that just outlines why it was so important for us to take that action last week in order to ensure that we have the space to do exactly that.

[Christian Matheson (City of Chester) (Lab)]

Previously, it was “limited” and “specific” and now it is operational and pragmatic—different words, but the net result is still the same. The Secretary of State touched on this in an earlier answer, but let me press him: can he confirm whether anything that the Government have proposed in the unilateral extension of the grace period does, or potentially might, breach international legal obligations with the arrangements that we have entered into? And given his previous record on this matter, why should any partner believe a single word that the Government say?

[Brandon Lewis]

I think the hon. Gentleman’s question is self-contradictory. He should know from experience of the UQ last year that I will always give him a very straight answer, even if it is a difficult one. The situation, as I said to the hon. Member for Sheffield, Heeley, is that these measures are lawful. They are within our obligations delivering on the protocol. They are operational. They are temporary, but I also say to him that we are entirely consistent. We are consistent through all these measures that our core focus is protecting the Good Friday/Belfast agreement, the peace process and ensuring that we respect that—not just north-south, but east-west as well.

[Duncan Baker (North Norfolk) (Con) [V]]

The Government have done well to postpone the bureaucratic problems of shipments into Northern Ireland and have worked hard to resolve them, but sadly, issues persist. Does the Secretary of State agree that fresh minds should be brought to bear on the conundrum? The Northern Ireland Affairs Committee, for example, could call on new help and advice from qualified business experts.

[Brandon Lewis]

My hon. Friend makes a good point. I have been fortunate in this role to be able to engage with and have advice and recommendations from the Northern Ireland business community through the business engagement forum, which we pull together and which meets regularly. That has been invaluable. I have also welcomed the engagement via the Joint Committee structures with representatives from business and civic society in Northern Ireland, of which more has been committed to. I hope that Vice-President Šefčovič and his team will be able to engage in more of that more quickly; it has been a few weeks since the last one. I think that it is important that we continue to take those meetings forward and that it would be good to have as much business involvement and contribution to this as possible, because that is what informs a perfectly good, really solid understanding of the needs of business for those flows of supplies for the people of Northern Ireland.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab) [V]]

The Prime Minister is far keener to celebrate a yet-to-be-built bridge between Great Britain and Northern Ireland than to take responsibility for the barriers that he has put there. Just five weeks ago, he said that the protocol must not

“place… barriers of any kind…down the Irish sea.”—[Official Report, 3 February 2021; Vol. 688, c. 948.]

Will the Secretary of State explain, then, why he negotiated an agreement that did just that?

[Brandon Lewis]

The hon. Lady may want to have a look at the Command Paper that we published last summer around how the protocol can work. It was very clear about making sure that we had a pragmatic and flexible approach, so that goods could flow cleanly and simply for people in Northern Ireland. We have also always been very clear about building on the SPS checks, which, in one form or another, have been there since the 19th century. That is the reality of recognising the single epidemiological unit of the island of Ireland—we have always been up front and clear about that. We are also clear that we want to make sure that there is not just unfettered access for Northern Ireland businesses to mainland Great Britain, which we have done, but this good, flexible free flow. The impact that we have seen over the last few weeks is why we had to take the decisions that we did last week to ensure that we have time for businesses to adapt and time in other areas to work with the EU to get permanent and long-term solutions.

[Conor Burns (Bournemouth West) (Con) [V]]

We in the Conservative and Unionist party value Northern Ireland’s place in our United Kingdom. Indeed, we take the view that my home town of Belfast is as much a part of the United Kingdom as my Bournemouth constituency. While the protocol is an obvious recognition of the fact that there are two sovereign jurisdictions on the island of Ireland, one of which remains a member of the European Union, it is clear that at least so far, the protocol is not working as we had intended. As the Government look to the future, does my right hon. Friend agree that we need to work with businesses in Northern Ireland, all the parties in Northern Ireland, the EU and our friends in the Irish Government to ensure that the solutions are pragmatic and practical going forward, and crucially, that those solutions must recognise and acknowledge Northern Ireland’s place in our United Kingdom and the economic, social, political and trading position that Northern Ireland’s place in the United Kingdom demands?

[Brandon Lewis]

The short answer is yes, absolutely. My right hon. Friend makes a powerful point. Northern Ireland is an integral part of the United Kingdom. The economic flows around the United Kingdom are obviously important to the whole of the United Kingdom. The United Kingdom has the strength it has because of all the parts of the UK: England, Scotland, Wales and Northern Ireland. I have to say—I know he agrees with me on this; it is something he rightly feels passionate about—that the United Kingdom is stronger because Northern Ireland is in it.

[Carla Lockhart (Upper Bann) (DUP) [V]]

Last Friday, the Government announced some temporary—I stress the word temporary—operational measures, one of which lifted the ludicrous ban on bulbs and vegetables grown in British soil being sent from GB to NI if they still have soil attached. Does the Secretary of State agree that there was never any rational basis for the ban and that with or without European Commission agreement the Government will maintain the ability to move such products from GB to Northern Ireland not only now but in the future? Our businesses need and deserve a cast-iron guarantee.

[Brandon Lewis]

The hon. Lady makes a very important point. She is absolutely right: businesses want certainty. They want guarantees going forward. We took the decision last week to extend some of the grace periods. She is correct that this is temporary. It is temporary because we are committed to delivering on our obligations in a pragmatic and sensible way for the people and businesses of Northern Ireland. That is why it is important we use the grace period to work with the EU to get permanent solutions to ensure that those kinds of products can continue to flow in the way that they should be able to, the way they have, and the way that the Command Paper and the protocol always envisaged they would.

[Mr Laurence Robertson (Tewkesbury) (Con)]

I welcome these measures. Does the Secretary of State agree that it is incumbent on him and the Government to make sure that certain foods and indeed medicines reach citizens in every part of the United Kingdom, whether they be in England, Wales, Scotland or Northern Ireland and that to have not taken these measures would have been irresponsible? How on earth could they therefore be seen as any breach of international law or as putting any peace process at risk?

[Brandon Lewis]

My hon. Friend is absolutely right. Picking up on his last point, I ask colleagues to pause for a moment and think about where we would be if we had not taken those actions. In the next couple of weeks, we would have had empty shelves in Northern Ireland. What would that have meant in terms of tensions in Northern Ireland? I personally think that would be an untenable situation for the protocol. I think the decisions we took were important in terms of ensuring we can deliver on the protocol and show that the protocol can work in a pragmatic and sensible way that works for businesses and people in Northern Ireland. We took the decision on the advice of businesses, and that is why businesses have roundly supported the position and the actions we took last week.

[Stephen Farry (North Down) (Alliance) [V]]

I want to see extensions to the grace periods, but on a sound legal basis. If the protocol is to be sustainable, we need to see a genuine partnership between the UK and the EU to fix problems, not Northern Ireland becoming a pawn in a war of attrition with the EU. Does the Secretary of State recognise that unilateral actions undermine the constructive voices inside the EU that were working to achieve flexibilities, and therefore make finding long-term sustainable solutions more difficult, including a veterinary agreement?

[Brandon Lewis]

I share with the hon. Gentleman the desire to work all these things through as partners and to get an agreement with our partners in the EU on issues like this. We would have liked to have done so with these issues. Sadly, the EU had not come to an agreement on some of these issues. Ultimately, we have to do what is right by the people of the United Kingdom and, of course, within the United Kingdom the people of Northern Ireland. Much as we would have liked to have had an agreement with the EU over the decisions last week, if we had not taken those decisions last week, businesses were clear with us, there would have been an impact. Even if we had taken the decisions this week or next week, it would already have been too late to prevent a detrimental impact for businesses and people in Northern Ireland. I just say to colleagues that we took those decisions last week because of the time urgency, the time-critical situation we were in. Going forward and at all times we would much rather always agree things with the EU. Of course, that needs both partners to want to agree them and sadly as of last week the EU did not want to. I hope we will be able to re-engage and make sure that these problems are solved more permanently in agreement with the EU.

[Greg Smith (Buckingham) (Con)]

I welcome the measures my right hon. Friend has taken. Can he confirm that as he continues to work with the European Union to find those lasting solutions to the protocol, he will absolutely hold them to the commitment they are reported to have made in the Joint Committee to “act at pace” and continue to further engage with the people of Northern Ireland on the issues relating to the protocol?

[Brandon Lewis]

My hon. Friend is absolutely right. There was a commitment to act at pace. As I say, we would have liked to have come to agreement on these issues, but the pace issue got ahead of us and we had to make those urgent decisions last week to avoid further disruptions and problems for people in Northern Ireland. I hope that as we go forward we can work at pace together to make sure that there are ultimately the solutions to this that work for people across the UK. Ultimately, that is in the best interests of the EU; it is also in the interests of the protocol.

[Hywel Williams (Arfon) (PC) [V]]

First, what effect has there been since January on time-sensitive Northern Ireland food exports to Great Britain via the Republic of Ireland and Welsh ports? Secondly, what would the Secretary of State say to Neil Alcock, of Seiont Nurseries in Arfon, just 30 miles from Holyhead, who says that he has found a way to export his plants: they go through Wales, then through England, then on a sea crossing, then through the Netherlands, Belgium and France, and then on another sea crossing to the Republic, and thence onwards?

[Brandon Lewis]

I would say that we are working to ensure that he does not have to go through that kind of rigmarole and can continue to trade in his business, for the benefit of his employees and the customers he is serving in Northern Ireland. That kind of flexibility is probably why the Irish Government sensibly put in flexibilities on security and safety declarations just a few weeks ago—it is not that dissimilar. What is surprising is to have Opposition Members criticising the UK Government for taking actions similar to those they never challenged the Irish Government on just a few weeks ago.

[Suzanne Webb (Stourbridge) (Con) [V]]

Can my right hon. Friend confirm that he is reassured that the EU now has no desire to block suppliers fulfilling contracts for vaccine distribution to Northern Ireland and the rest of the UK? Does he agree that it is only through international collaboration that we will beat this pandemic once and for all?

[Brandon Lewis]

My hon. Friend is absolutely right. This is a global pandemic and we need to work together globally to combat it, get on top of it and be able to move back to normal life. That is particularly the case on the island of Ireland, where that single epidemiological unit means we have people who work, live, school, shop and enjoy their lives in normal times on both sides of the border—in Northern Ireland and the Republic of Ireland—so we want to be working together on that. I hope that that will continue. The working across between the Irish Government, the UK Government and the Northern Ireland Executive has been very strong over the past year. I have been pleased to be able to chair the Joint Committee with my sort of opposite number, Simon Coveney, where we have been bringing together our relevant Ministers to work together on the battle with covid for the benefit of people in both the Republic of Ireland and Northern Ireland.

[Mr Gregory Campbell (East Londonderry) (DUP) [V]]

The Secretary of State has referred to the temporary nature of last week’s announcement, as well as the tensions that have resulted from the implementation of the protocol for some months now. Does he grasp fully the degree of resentment that exists in Unionism in Northern Ireland, where the consent from the Unionist community has now diminished to the point where radical action and radical steps have to be taken by his Government as a matter of urgency?

[Brandon Lewis]

I appreciate that the hon. Gentleman outlines a strength of feeling that is absolutely there. The tension and palpable feeling within the Unionist community over what has happened in the past few weeks is clear, particularly following the action on that Friday night. I know he has made the case quite strongly about that. This is why it is important that we all work hard to ensure that we can find a pragmatic, flexible way to move forward to ensure that we can deliver things for the people in Northern Ireland in the way that was always intended. Ultimately, the future of the protocol will be in the hands of the people of Northern Ireland, through the consent mechanism.

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

Can my right hon. Friend confirm that he will continue to work with the EU, and hold it to its recent commitment in the Joint Committee to act at pace in further negotiations and in so doing always act in the best interests of the people of Northern Ireland?

[Brandon Lewis]

Yes, absolutely. From talking in the meetings we have had with Vice-President Maroš Šefčovič, I absolutely believe his commitment to wanting not only to work at pace but to understand the sense and feeling across the entire community and businesses in Northern Ireland. We had the engagement we organised for him just a few weeks ago, and the EU has pledged to do more of that engagement, which is a good thing, so that it can fully understand the needs of both communities and the business community in Northern Ireland. That is an important thing to continue as we move forward.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for his actions in the last week. Is he aware that businesses on the mainland are already losing business as Northern Ireland retailers scramble to source supplies from outside the United Kingdom? An example is a nursery retailer in my constituency which, for the first time in its 75-year history, is ordering from non-UK firms. It has had to place orders outside the UK economy for the first time, to the tune of £10,000. Will the Secretary of State outline when he will draw a line, not just short-term but long-term, and end this protocol, which financially damages all the economies of the United Kingdom of Great Britain and Northern Ireland?

--- Later in debate ---

[Brandon Lewis]

I appreciate that the hon. Gentleman has been consistent in his views on the protocol more widely, and I would say to him that our work is going to be focused on working with the EU to find pragmatic, sensible, flexible solutions to ensure that the protocol can work. It is part of our obligation and commitment under the protocol to work in a way that is beneficial for the people of Northern Ireland so that they can continue to have the flow of products that they have always experienced. Ultimately, this will mean that Northern Ireland has a huge competitive advantage and a unique position in the world from which it can see its economy grow in the years ahead.

[Antony Higginbotham (Burnley) (Con)]

The Northern Ireland protocol is an imperfect solution to a complex problem, ensuring that we continue to protect peace on the island of Ireland and Northern Ireland’s place in the United Kingdom. Will my right hon. Friend confirm that that remains the Government’s priority, as it should be for every Member of this House?

[Brandon Lewis]

Absolutely. It is important that all of us in this House continually reinforce the point—I will always do—that the UK Government’s commitment to the Belfast-Good Friday agreement is unwavering, and our recognition of that and all of its strands is important. That does not conflict with our view that Northern is an integral part of the United Kingdom and that the United Kingdom is better for Northern Ireland being in it.

[Conor McGinn (St Helens North) (Lab)]

Does the Secretary of State think the people of Northern Ireland are stupid? The Government said that there would never be a border in the Irish sea; then they signed up to one. Then they pretended it did not exist, but said that even if it did, they were sure it would have no impact anyway. Now they are saying that, actually, there is one, but we can just ignore it. Will the right hon. Gentleman stop taking people for fools and start showing the responsible leadership required to sort this out?

[Brandon Lewis]

I assume that the hon. Gentleman therefore supports the moves we took last week in showing leadership to deliver for the people of Northern Ireland. We have been consistent in what we wanted to deliver, and we have delivered unfettered access for Northern Ireland businesses to the rest of the UK market. We were always clear that we recognised the single epidemiological unit of the island of Ireland, which meant that those sanitary and phytosanitary checks would be built upon and put in place, as they have been. As the Command Paper outlined, we want to see a clear, flexible ability for businesses to trade, so that consumers in Northern Ireland will not see their everyday lives disrupted. In fact, the early paragraphs of the protocol highlight that that is the intention of the protocol. That is what we have to focus on, and that is what the decisions last week were about.

[Nigel Mills (Amber Valley) (Con) [V]]

Does the Secretary of State agree that the unique status of Northern Ireland means that it will not be possible for the EU to enforce its single market rules in the same way there as it can elsewhere in the EU? Does he also agree that the only way to achieve a sustainable solution is for the agencies in Ireland to work together with their UK equivalents to build trust and to work out how we can enforce the rules and tackle the key risks while leaving the border in a workable position that businesses can manage?

[Brandon Lewis]

My hon. Friend makes an important and fair point. The Irish Government and their agencies work closely with the UK Government and our agencies and with the Northern Ireland Executive on a wide range of issues to the benefit of people in the Republic of Ireland and Northern Ireland, and it is important that we continue to do that. He also highlights why it is important that we continue to be very clear about the needs of the people of Northern Ireland—why the protocol was put in place—recognising the unique circumstances and the complexity of the situation in Northern Ireland, and ensuring that the relationship with the Republic of Ireland can work in a smooth and effective way. As I have said before, I absolutely recognise that the EU’s core, prime focus is on the protection of the single market. We are focused not just on protecting the businesses and people of the United Kingdom but on the core determination and commitment to deliver on the Good Friday-Belfast agreement in all of its strands.

[Hilary Benn (Leeds Central) (Lab) [V]]

I support the aim of trying to minimise unnecessary and disruptive checks, but, on the method, can the Secretary of State tell the House under which article of the Northern Ireland protocol the Government have taken this decision, which he describes as “lawful”, to extend the grace periods? Is it article 16, which allows the UK unilaterally to take appropriate safeguard measures? If not, which other article is he citing as giving the Government the ability lawfully to take this step?

[Brandon Lewis]

As the right hon. Gentleman will be aware, the article 16 implementation was effectively made by the EU just a few weeks ago, not by the UK Government; that is what has started and led to some of the issues and tensions we have seen in the communities of Northern Ireland. I am pleased that the EU has apologised for that, but we need to recognise that it has had a lasting impact. The measures that I announced last Wednesday are lawful and consistent with the progressive and good-faith implementation of the protocol. They are temporary operational easements, introduced where additional delivery time is needed. They do not change our legal obligations as set out in the protocol—under any of its articles—and we continue to discuss our protocol implementation with the Joint Committee.

These measures are of a kind that is well precedented in the context of trade practice internationally, and they are consistent with our intention to discharge the obligations under the protocol in good faith. As I have said before, the measures are in line with the kind of flexibilities that the Irish Government put in place, and neither the right hon. Gentleman nor any other Opposition Member has yet criticised or challenged the Irish Government for what they did. We think those are sensible measures; there are flexibilities that the Irish Government thought they needed in the same way that we do with these measures.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

I am sure that my right hon. Friend welcomes the interest that is being shown by friends and partners around the world in Northern Ireland as an essential part of the United Kingdom—friends who are so interested in our status and in the work that we are trying to do to make one area of our country prosper. I am sure that he welcomes the interest that President Biden has shown, as well as many in the Irish caucus of the United States. Today, Mr Coveney and Mr Šefčovič are meeting the Irish caucus in Washington. Will my right hon. Friend tell me who is there from Her Majesty’s Government, representing the people of Northern Ireland? Is perhaps the Under-Secretary of State for Foreign, Commonwealth and Development Affairs, my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton), or one of the Northern Ireland Office Ministers going to be in that room, ensuring that the Irish voice that is represented by this House is also present?

[Brandon Lewis]

My hon. Friend, as always, makes an important point. I welcome our friends and partners around the world taking an interest in any part of the UK. Our friends in the US have always had a very clear interest in issues and matters around Northern Ireland, and have been huge supporters of the Good Friday/Belfast agreement for many years. In this role, I have had continuous engagement with colleagues in the Irish caucus who are meeting Vice-President Šefčovič and Simon Coveney today. I look forward to talking to them again in due course myself. I do not think that we are involved as a Government in that meeting today, but I hope that Vice-President Šefčovič will continue that kind of engagement, particularly with the people of Northern Ireland—in both the business community and civic society—building on the meeting that we had a few weeks ago, as he said he would, to really understand some of the issues affecting people and businesses in Northern Ireland, and therefore work with us in a positive way to remedy any issues. I welcome any interest from people around the world and their support for all strands of the Good Friday agreement.

[Tony Lloyd (Rochdale) (Lab) [V]]

To be fair to the Secretary of State, he has made very little attempt to persuade the House or anybody else that the Prime Minister knew what he was doing when he signed up to the protocol, but does he recognise that he is now going to have to do a repair job to persuade not just Dublin, Brussels and Washington, but the whole of the world with which we want to work, that the UK is a reliable trading partner—and other forms of partner—because that is not there today?

[Brandon Lewis]

I am disappointed that the hon. Gentleman did not make similar comments about the moves that the Irish Government made in January and the flexibilities they put in place. He should support the UK Government in doing what is right for the people of Northern Ireland. I hope that, working with our partners in the EU, these temporary, pragmatic measures will give us the space to be able to get permanent, long-term solutions, in partnership. Ultimately, we will do what is right for the people of Northern Ireland in respecting the Good Friday/Belfast agreement.

[Andrew Rosindell (Romford) (Con)]

I support the Government in taking necessary and proportionate action to defend Northern Irish business, but the Secretary of State will know that this House should be committed to the United Kingdom of Great Britain and Northern Ireland and that we cannot treat people in one part of the kingdom differently from those in the rest. Will he please redouble his efforts to build closer bilateral relations with our Irish friends? These things are best sorted out between Britain and Ireland, keeping the EU well away from the issue.

[Brandon Lewis]

I am keen on making sure that we have really good bilateral relationships. I have worked with members of the Irish Government over the past year and we always have very productive and positive conversations. They are good partners to work with. The Irish Government are obviously part of the EU and our negotiation is with the EU, as I am sure my hon. Friend will appreciate. I hope we will be able to have a pragmatic and positive relationship with our partners in the EU, as together we find solutions to this issue that are in the interests of people in Northern Ireland and, yes, in the interests of the whole of the UK and, indeed, the EU as well.

[Mr Speaker]

I am suspending the House for three minutes to enable the necessary arrangements to be made for the next business.

Northern Ireland Protocol: Implementation

Brandon Lewis Excerpts

Wednesday 3rd March 2021 Written Statements

[The Secretary of State for Northern Ireland (Brandon Lewis)]

As part of the pragmatic and proportionate implementation of the Northern Ireland protocol, the Government are taking several temporary operational steps to avoid disruptive cliff edges as engagement with the EU continues through the Joint Committee. These recognise that appropriate time must be provided for businesses to implement new requirements, and support the effective flow of goods between Great Britain and Northern Ireland.



For supermarkets and their suppliers, as part of the operational plan the UK committed to at the UK-EU Joint Committee on 24 February, the current scheme for temporary agrifood movements to Northern Ireland (STAMNI) will continue until 1 October. Certification requirements will then be introduced in phases alongside the roll-out of the digital assistance scheme.



In addition, further guidance will be provided later this week on parcel movements from Great Britain to Northern Ireland to provide necessary additional time for traders beyond 1 April. Guidance will also be set out to help address practical problems on soil attached to the movement of plants, seeds, bulbs, vegetables and agricultural machinery. And the Government will write to the Northern Ireland Executive to confirm that flexibilities within the Official Controls Regulation 2017/625 are such that no charging regime is required for agrifood goods.

[HCWS819]

Oral Answers to Questions

Brandon Lewis Excerpts

Wednesday 3rd March 2021 Commons Chamber

[Jo Gideon (Stoke-on-Trent Central) (Con)]

What recent discussions he has had with Cabinet colleagues on the implementation of the Northern Ireland protocol.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

My Cabinet colleagues and I continue to work together closely to ensure that we meet our protocol obligations in a pragmatic and proportionate way. We have heard the concerns raised by people and businesses in Northern Ireland and are sensitive to the economic, societal and political realities in Northern Ireland. That is why we are taking forward a series of further temporary operational steps that reflect the simple reality that more time is needed to adapt to and implement new requirements as we continue our discussions with the EU. The steps include the new operational plan for supermarkets and their suppliers, committed to at the Joint Committee. I will lay a written ministerial statement detailing the steps later today.

[Mr Hollobone]

After the EU’s outrageous abuse of the Northern Ireland protocol in relation to its failing vaccine programme, is it not clear that, as it stands, the operation of the protocol is not working? There is far too much disruption to businesses and families in Northern Ireland and it needs urgently to be either reset or scrapped altogether.

[Brandon Lewis]

There were already challenges in the operation of the protocol in early January this year that were having a direct and often disproportionate impact on citizens. The EU’s decision to invoke article 16 has compounded those issues—there is no doubt about that—and significantly undermined cross-community confidence. That action was not in the spirit of the protocol, which is partly why we are taking the actions that I will outline in a written ministerial statement later today.

[Jo Gideon [V]]

It took just shy of three years to leave the European Union but only 29 days for the EU to threaten to trigger article 16 of the Northern Ireland protocol, without discussions with Great Britain or Northern Ireland—an apparent “oversight”. Will my right hon. Friend please reassure my constituents that confidence in the protocol will be restored? Does he agree that the EU urgently needs to resolve the issues faced by people and businesses in Northern Ireland?

[Brandon Lewis]

My hon. Friend makes an important point, which was why I was pleased to hear that Vice-President Šefčovič had recently agreed to meet businesses across communities and civic society in Northern Ireland to hear directly from the people who are being affected by some of the issues that we are seeing, particularly the impact that the EU’s decision to invoke article 16 had in terms of compounding these issues and of undermining cross-community confidence. That is why we will take forward some further temporary operational steps, which I will outline in the written ministerial statement, to ensure that people in Northern Ireland are able to continue to have access to products in the way that the protocol envisaged.

[Louise Haigh (Sheffield, Heeley) (Lab)]

May I take this opportunity to thank my hon. Friend the Member for Bristol South (Karin Smyth) for her years of service on the Front Bench? I know that she will continue to champion the people of Northern Ireland from the Back Benches.

While we will study the detail that the Secretary of State is set to announce in his written ministerial statement, any more time will be welcomed by businesses across Northern Ireland which simply were not prepared for the changes that took place on 1 January. He admitted last week that he did not envisage the disruption that we have seen as a result of the protocol, despite businesses shouting from the rooftops for months. Given this lack of awareness and the shambolic preparation for the end of the transition period, what confidence can the Secretary of State give to businesses in Northern Ireland that this extension will be used properly to prepare businesses for the changes to come?

[Brandon Lewis]

I join the hon. Lady in her thanks to her colleague the hon. Member for Bristol South (Karin Smyth) for the work that she has done. Both my hon. Friend the Member for Worcester (Mr Walker) and I have worked with her and know that her compassion and her passion for the issues of the people of Northern Ireland are without question, and huge credit goes to her for that.

On the issues that the hon. Member for Sheffield, Heeley (Louise Haigh) has just raised, I would say to her that, genuinely, we have been working with businesses and across communities in Northern Ireland over the past year on the development of the guidance notes. In fact, we have been working with businesses since the end of the transition period to ensure that things are delivered in a way that works for them. Our work is informed by businesses so that we can deliver what they need on the ground to deliver for their customers and our constituents right across Northern Ireland.

[Louise Haigh]

Any extra time will of course be welcome and is important, but it is not the long-term solution that businesses and the people of Northern Ireland need. Can the Secretary of State confirm that he is demanding within Government practical solutions, such as a veterinary agreement, that would reduce the barriers down the middle of our Union that his Government insisted on?

[Brandon Lewis]

The hon. Lady will have seen the correspondence between the Chancellor of the Duchy of Lancaster and the EU Commission outlining some of the things that we are looking at implementing. I point out that it is worth all businesses looking at and taking advantage of the Trader Support Service and the movement assistance scheme, which are specifically there to help businesses and to support them entirely at the cost of the UK Government. We have put several hundred million pounds of support into those businesses through those schemes, and they are working exceedingly well. Some businesses are hugely positive about the impact they will have.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP) [V]]

As we approach the end of the three months’ grace period under the Northern Ireland protocol, many businesses and individuals in Northern Ireland are very concerned about what this will mean for them, in particular in relation to their ability to order goods and receive parcels from suppliers in Great Britain. Without further disruption to this trade, what will the Secretary of State and the Government do to address these concerns?

[Brandon Lewis]

The right hon. Gentleman makes a very good point. As has been the case since January, our focus will remain on supporting the effective flow of goods between Northern Ireland and Great Britain, avoiding any unacceptable disruption to the critical flow of goods on which lives and livelihoods rely. I absolutely agree that it is important that businesses and citizens across Northern Ireland do not see their lives or their livelihoods unacceptably disrupted as they adapt to new requirements. I can advise him that further guidance will be provided later this week on parcel movements from Great Britain to Northern Ireland.

[Sir Jeffrey M. Donaldson]

I thank the Secretary of State for that response. He will also be aware that agrifood businesses and others in Northern Ireland are very concerned about the potential imposition of charges on goods that are brought into ports in Northern Ireland at the behest of the European Union. This will add significantly to the cost of doing business with the rest of the United Kingdom. Again, what does the Secretary of State intend to do to ensure that businesses in Northern Ireland are not required to pay these additional charges?

[Brandon Lewis]

I know that the right hon. Gentleman, along with the First Minister and other party colleagues, have been strong in their determination to highlight this and other issues associated with the protocol—I absolutely recognise that. I can confirm today that it is our intention that no charging regime is required for agrifoods, and I will be outlining that in the written ministerial statement later today.

[Mr Speaker]

Let us head to the Chair of the Select Committee, Simon Hoare.

[Simon Hoare (North Dorset) (Con) [V]]

May I echo the thanks to the hon. Member for Bristol South (Karin Smyth) and welcome the hon. Member for Pontypridd (Alex Davies-Jones) to her Opposition Front-Bench duties? I welcome the general attitude of the Government towards resolving the issues on the protocol: they are right, and the Secretary of State will have our support as he goes forward. However, I urge him to really put some pressure on the Department for Business, Energy and Industrial Strategy to better explain to GB businesses what they need to do, how they need to do it and when they need to do it in order to sell their goods into the very welcoming market that is Northern Ireland?

[Brandon Lewis]

I thank my hon. Friend for outlining this issue. My right hon. Friend the Secretary of State for Business, Energy and Industrial Strategy is very keen to ensure that GB businesses have all the information they need. My hon. Friend is right to highlight the fact that a number of the issues we have found relate to companies in Great Britain not appreciating what they can do in order to continue their smooth supplies to people in Northern Ireland. We want to ensure that that is the case. I encourage businesses to engage particularly with the trader support service, which is there to help businesses and, as I say, has phenomenal response and success rates in helping them to ensure that they can deliver. We as a Government will continue to fund it to ensure that it is there to support business and the people of Northern Ireland.

[Richard Thomson (Gordon) (SNP) [V]]

There is considerable anecdotal evidence from food producers that exports continue to be below pre-Brexit levels. With the retailers’ grace period ending this month, export health certificates will be required for imports of chilled and processed meats. How do the UK Government plan to ease specific concerns of the agrifood industry over this requirement ahead of the end of that grace period?

[Brandon Lewis]

In classic House of Commons terms, I refer the hon. Gentleman to an answer I gave a few moments ago: he will see our position in a written ministerial statement later today that deals with that very issue.

[Colum Eastwood (Foyle) (SDLP)]

As the Secretary of State knows, we did not want Brexit, but we do have the protocol and the protocol is here to stay, despite what anybody else might say. It does give us a competitive advantage. Will he work with me to make the most of that competitive advantage by getting rid of the maximum student numbers cap and the historical under-provision of university places for Northern Ireland?

[Brandon Lewis]

The hon. Gentleman makes a really important point that is worth highlighting. We have two great universities in Northern Ireland that are globally leading, with one of them recently winning the award for the most entrepreneurial university and one of them being among the best nursing provision universities in the UK. That is something we should be proud of. We should look at how we can develop and grow that work for the benefit of the universities, the wider economy and their phenomenal input, and the huge competitive advantage, that, yes, Northern Ireland has, not least because of the amazing skill sets across Northern Ireland. I am happy to work with him to ensure that we develop, promote and take advantage of that for the benefit of people in Northern Ireland.

[Graham Stringer (Blackley and Broughton) (Lab)]

What assessment his Department has made of the adequacy of the implementation of the Northern Ireland protocol.

--- Later in debate ---

[Bill Esterson (Sefton Central) (Lab)]

What assessment his Department has made of the adequacy of the implementation of the Northern Ireland protocol.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

The Government are committed to meeting our obligations in a proportionate way, taking account of the Belfast-Good Friday agreement in all its dimensions—north-south and, of course, east-west. As I stated in previous answers, we have heard the concerns raised by people and businesses in Northern Ireland, and we are sensitive to the economic, societal and political realities of Northern Ireland. While we have made good progress in line with this pragmatic approach, we will be taking forward a series of further temporary operational steps, details of which, as I say, will be in the WMS that I will lay later today.

[Graham Stringer]

The EU has approached the protocol with a malign and hostile attitude. Would it not make sense to renegotiate it to an agreement of mutual enforcement or trigger article 16?

[Brandon Lewis]

My focus is on ensuring that colleagues across Government ensure that we are able to deliver for the people of Northern Ireland in the most effective, efficient, flexible and fluid way. It was good, as I said, that Vice-President Šefčovič met businesses and civic society in Northern Ireland and has committed to continuing to do that so that he can hear directly on the ground the impact that some of this is having, not least the action that the EU took in its movement towards activating article 16 and the impact felt across communities regarding people’s confidence around that. It is right that the EU understands the impact this has on people’s everyday lives in Northern Ireland.

[Matt Western [V]]

Many businesses in Warwick and Leamington and across the country have already opted out of supplying to Northern Ireland due to the complexities. Does the Secretary of State accept that the Government’s denial over the reality of an Irish sea border has actually hampered efforts to prepare British businesses for trade with Northern Ireland and led to the disruption we are seeing today?

[Brandon Lewis]

What I would say to businesses is that I would encourage them to engage with the trader support service that the Government have put in place and which we are funding. It works for businesses, and the businesses that have used it have had great success in continuing to be able to move their products, with advice, smoothly and fluidly. We have worked with businesses continually through the process—as we were in the transition period and since we have left the transition period—to ensure that businesses across the United Kingdom can trade across the United Kingdom, but I recognise there have been issues in how the protocol has been implemented since the end of the transition period, and that is why we will be outlining measures in a written ministerial statement later today.

[Alex Cunningham [V]]

Hard-liner Back Benchers in the Secretary of State’s own party want to tear up the deal they voted for and place our border on the island of Ireland. Will the Secretary of State today publicly reject the demands of the European Research Group, with all the damage and instability those demands could cause?

[Brandon Lewis]

The hon. Gentleman may well have voted for the deal as well. I will be very clear with him: my focus is on ensuring that we deliver exactly what the protocol said, which is to ensure that it does not disrupt the everyday lives of people in their communities in Northern Ireland. We have to make sure that is the case. That is what the protocol set out to achieve. We have also got to make sure that it respects all the peace and prosperity that has been found in Northern Ireland as a result of the Good Friday/Belfast agreement, and that means respecting not just north-south relations, but east-west relations as well.

[Bill Esterson [V]]

Trade groups say that the trader support service is simply not good enough for the 12,000 traders who need its help. Businesses report that the scheme is providing confusing and conflicting advice. Why on earth is the Northern Ireland Secretary saying that disruption was not envisaged? The problems with the trader support service were known about well before the end of transition, including by the then Department for Exiting the European Union, which warned of problems with additional documentation as long ago as October 2019.

[Brandon Lewis]

At the end of the hon. Gentleman’s question, he was talking about a period of time before the transition period ended and before the trader support service was outlined and in place. What I would say is that the trader support service now has more than 34,000 registered users. On average, calls to the service are handled in six seconds and 98% of declarations are processed within 15 minutes. That sounds like a pretty good record of success to me.

If the hon. Gentleman has some examples that are different from that, I will very happily engage with him directly if he wants to let me know, but that is a track record of success that the people involved in the trader support service should be proud of. More businesses can engage with that service and benefit from it, for the benefit of those businesses and the people of Northern Ireland.

[Sammy Wilson (East Antrim) (DUP)]

Even with the grace periods in place, which give exemptions from many of the EU checks that will eventually be required in Northern Ireland, there has been massive disruption of trade as a result of the implementation of the protocol. Does the Secretary of State accept that if the Prime Minister’s promise and the protocol’s assurance that there will be unfettered trade between GB and Northern Ireland are to be delivered, something more than an extension of the grace periods is required? Really, there needs to be a reset or a rethinking of the agreement so that we have an alternative arrangement, such as the mutual enforcement of regulations, that would exempt Northern Ireland from being subject to EU laws and from the European Court of Justice making judgments about this part of the United Kingdom.

[Brandon Lewis]

I respect the right hon. Gentleman, who has been consistent in his views on this issue at all times. I have also been very clear: we were always determined to ensure that we were able to deliver unfettered access for Northern Ireland businesses to the rest of the United Kingdom, and we have done that. We have also been very clear that we want to ensure that free flow and flexible trade across the United Kingdom so that GB businesses can trade into Northern Ireland properly, while accepting and acknowledging the reality of the single epidemiological unit of the island of Ireland, as the sanitary and phytosanitary situation does. That has been there, as I said before, in some form or another since the 19th century. It is something that was acknowledged long ago, and I absolutely accept, as we have always outlined, that it does have an impact.

The right hon. Gentleman is absolutely right that we have to ensure that the people of Northern Ireland can continue to enjoy products, their commercial activities and their day-to-day lives in the way that they always have done as members of and part of the United Kingdom.

[Mr Speaker]

I welcome the new shadow Minister to the Dispatch Box.

[Brandon Lewis]

I join others in welcoming the hon. Lady to her new role. I am sure she will be able to fight the case for the people of Northern Ireland with great strength and passion, and I look forward to working with her, as does my hon. Friend the Member for Worcester (Mr Walker).

I have been working with businesses throughout this process, including through the business engagement forum, which will meet again shortly. We engaged with businesses with Vice-President Šefčovič a week or so ago, to have that direct input. Ultimately, I am a democrat, and I believe in the democratic system and the way in which Parliament and the structures we have in place work. I know that businesses have a full voice within that, and we have ensured that at every stage of the process.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

What recent discussions the Government have had with the EU on the implementation of the Northern Ireland protocol.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

The co-chairs of the UK-EU Joint Committee met last Wednesday to discuss the set of issues with the protocol that need to be addressed to protect the vital links between Northern Ireland and the rest of the United Kingdom. These engagements are supported by regular official-level contact, including via the Northern Ireland/Ireland specialised committee, which met last Tuesday, to ensure that the protocol operates as intended, with minimum impact on the everyday lives of people in Northern Ireland. We will continue to discuss all our implementation efforts through the withdrawal agreement structures, including in giving effect to the commitments made at December’s Joint Committee, and there will be an informal meeting with the EU and Vice-President Šefčovič later today.

[Alan Brown [V]]

Some Northern Irish companies have been boasting about their dual access to both the British and EU marketplaces for trade purposes. Will the Secretary of State confirm that Northern Ireland businesses do indeed have great opportunities and that this also creates a relative disadvantage for businesses in Scotland?

[Brandon Lewis]

As I outlined in response to an earlier question, Northern Ireland businesses have a huge opportunity and a huge competitive advantage, not least because of the amazing skillsets across Northern Ireland in technology, hydrogen and advanced engineering. There are a wide range of things that businesses in Northern Ireland have to promote, with the advantage they have in promoting around the world, to develop business and more jobs for Northern Ireland.

[Stephen Farry (North Down) (Alliance)]

What steps the Government are taking to help reduce the administrative burden for businesses involved with the movement of goods into Northern Ireland since the UK’s departure from the EU.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

In my engagements with businesses, I have heard directly about the importance of ensuring that processes are streamlined to the maximum extent, and we are working with businesses to ensure that we are delivering on that. More than £200 million has been put into the trader support service, the movement assistance scheme and the UK trader scheme to support those businesses. The newly established digital assistance scheme, when fully operational, will provide a simplified digital process for the certification and verification of goods moving from Great Britain to Northern Ireland. We will continue to address issues that arise, and that will be part of the subject of my written ministerial statement later today.

[Stephen Farry [V]]

Businesses also need stability and legal certainty. In the past few days, we have seen the Northern Ireland Agriculture Minister stress that he may unilaterally breach commitments under the protocol. Can the Secretary of State give an assurance that the UK Government, as a sovereign party to the withdrawal agreement, will, in the last resort if necessary, ensure ongoing legal compliance and that any changes to the protocol are agreed with the European Union?

[Brandon Lewis]

As I outlined earlier, I can confirm that our intention is that no charging regime is required for agrifoods, and my written ministerial statement will confirm that later today. At all times we will be focused on ensuring that we are acting in a fully legal manner and delivering for people in Northern Ireland.

[Greg Smith (Buckingham) (Con)]

What representations he has received on a potential world rally championship round taking place in Northern Ireland.

Northern Ireland Assembly: Petition of Concern Mechanism

Brandon Lewis Excerpts

Tuesday 12th January 2021 Written Statements

[The Secretary of State for Northern Ireland (Brandon Lewis)]

I am today laying before both Houses of Parliament the second report by the UK Government on the use of the Petition of Concern mechanism in the Northern Ireland Assembly.

As part of the New Decade, New Approach deal upon which devolved Government was restored in Northern Ireland on 11 January 2020, the UK Government committed to undertaking such a report every six months.

This report covers the period from 10 July 2020 to 11 January 2021, during which no Petition of Concern has been lodged against any motion in the Assembly.

The next UK Government report on the use of the Petition of Concern will cover the period from 11 January 2021 to 10 July 2021.

The report notes that full implementation of the Petition of Concern reforms in New Decade, New Approach will require Westminster legislation. The Government will bring forward such legislation when parliamentary time allows, after which the Assembly will be able to reflect the detail of the reforms in its standing orders.

[HCWS701]

Oral Answers to Questions

Brandon Lewis Excerpts

Wednesday 2nd December 2020 Commons Chamber

[Claire Hanna (Belfast South) (SDLP)]

What recent discussions he has had with Cabinet colleagues on the potential merits of devolving spending in Northern Ireland of (a) structural and (b) investment funding after the end of the transition period to the Northern Ireland Executive.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

The UK shared prosperity fund will help to level up and create opportunities for people and places across the United Kingdom. The Government will co-ordinate funding on a UK-wide basis, working with the devolved Administrations and local communities to ensure that it is used most effectively. The Northern Ireland Executive and the other devolved Administrations will be represented in the fund’s governance structures to help target this funding to the people and places that are most in need.

[Claire Hanna [V]]

The spending of the shared prosperity fund, according to clauses in the United Kingdom Internal Market Bill, would override devolution, with no duty to consult on spend in devolved areas. We know that the internal market Bill intends to breach international law, and yesterday it was indicated that a further breach of international law was likely to come in the taxation Bill. Far from being limited and specific, it seems that disregard for the Good Friday agreement is unlimited while people desperately want certainty and a deal. Can the Secretary of State give us any assurances that next week’s Bill will not further undermine the Northern Ireland protocol and the chances of a deal and the certainty and the stability that people so desperately want?

[Brandon Lewis]

If the hon. Lady looks at the clauses in the United Kingdom Internal Market Bill, she will see that they are about protecting and delivering on the Good Friday agreement to ensure that there are no borders. To deliver that, it is important that we have no border not just north to south, but east to west as well. On the UK shared prosperity fund, if she looks at my answer to the substantive question, she will see that I was very clear that the devolved authorities would be part of that, but of course this is money over and above; this is extra money that we will be looking to spend—in the same way that the EU has always been able to spend— once we have left the EU to ensure that those communities have the support that we have said they would have.

[Simon Hoare (North Dorset) (Con) [V]]

Does my right hon. Friend agree that any spending requirements and demands made by and within Northern Ireland would be enhanced and likely to receive a more welcome ear in the Treasury and elsewhere were the Executive to crack ahead and create the independent fiscal council, which would act as a very convincing mouthpiece for those pleas?

[Brandon Lewis]

My hon. Friend makes a hugely important and very accurate point. I think we sometimes forget this but the fiscal council was actually first agreed back in the “Fresh Start” agreement of 2015 and recommitted to in the “New Decade, New Approach” deal of January this year. I have been talking to the Executive about this. I had hoped to see it up and running by the autumn. I think it is important that the Executive and the Department of Finance get on with this and deliver on it. It will help them for budgeting purposes and ensure that, in the same way that we have the Office for Budget responsibility and the Irish Government have an independent fiscal council, people can be clear about the transparency and understanding of the money being spent in Northern Ireland. I think it would be the right thing to do, and I am looking forward to seeing the Executive deliver it as quickly as possible.

[John Mc Nally (Falkirk) (SNP)]

What assessment he has made of the effect on businesses in Northern Ireland of negotiations on the future relationship between the UK and the EU.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

We want a relationship with the European Union that is based on friendly co-operation between sovereign equals and centred on free trade. We will have a relationship with our European friends—one that is inspired by our shared history and values. The whole of the United Kingdom, including, of course, Northern Ireland, stands to benefit from such a trading relationship with the European Union. In fact, Northern Ireland businesses have a huge potential under the Northern Ireland protocol, and of course Northern Ireland will continue to enjoy tariff-free access to the EU market, alongside unfettered access to the whole of the UK.

[John Mc Nally [V]]

I hope you are well, Mr Speaker.

Scotland is the largest exporter of seed potatoes in the single market. It is a product on which a great many Northern Irish potato farmers rely. This has been placed under threat by the lack of equivalence between the UK and the EU after the transition period. When will the Minister confirm a date on our attaining equivalence on seed products? If he cannot give us a date, is that not more evidence that the Government do not care about Scotland’s farming communities?

[Brandon Lewis]

Actually, it is quite the contrary.  The hon. Gentleman can look at the delivery of money last week, for farmers particularly. That is evidence of the Government’s determination to deliver on our commitment to, and our understanding of the importance of, the agriculture and farming community across the United Kingdom, with £315 million going to Northern Ireland farmers. Through the Joint Committee, we are working with the European Union on some of these final issues to ensure that we do have that free flow. We have been saying to our partners and colleagues in the EU that they need to play their part in being pragmatic about ensuring that we continue to see that sensible free flow of trade across the United Kingdom, as a sovereign nation.

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

You look well, Mr Speaker.

The Secretary of State will recognise the importance to Northern Ireland businesses of getting agreement on the classification of qualifying goods and qualifying businesses as they relate to trade between Great Britain and Northern Ireland within the UK single market. What progress has been made on securing such agreement and on defining at-risk goods, and what measures will the Government bring forward in legislation to ensure that Northern Ireland businesses really do have unfettered access to the UK internal market?

[Brandon Lewis]

I should put it on record that I also think you look well, Mr Speaker.

On an equally serious note, as the right hon. Gentleman knows, this Government are committed to ensuring that Northern Ireland businesses have unfettered access to the rest of the United Kingdom. That is why we have taken the steps that we have taken in legislating for the first phase of unfettered access; that is what those clauses in the United Kingdom Internal Market Bill are for. We are building on and learning from the discussions that we have had with businesses and the Northern Ireland Executive. We are pushing hard to secure agreement with the EU on a number of outstanding issues that relate to the protocol, including that of at-risk goods. We accept that tariffs should be paid on goods moving from Great Britain into the EU, but there should not be any tariffs on internal UK movements that begin in Great Britain and end in Northern Ireland; they are internal movements. I hope that the right hon. Gentleman will understand that I am not able to comment on the progress of the negotiations, although we are keen to move through them as quickly as possible. I reassure him that we are focused on those issues and are determined to deliver in full on our commitments to the people of Northern Ireland.

[Sir Jeffrey M. Donaldson]

I thank the Secretary of State for that helpful response. I am sure that he will agree that those who talk loudly about the Good Friday agreement are the people who are threatening the economic prosperity of Northern Ireland by insisting on measures that are completely unnecessary in terms of protecting the agreement. Will he therefore indicate what progress has been made in securing a commitment from the EU to a significant grace period to allow Northern Ireland businesses sufficient time to adjust to the new arrangements that will be introduced when the transition period ends on 31 December?

[Brandon Lewis]

The right hon. Gentleman identifies, quite rightly, the importance of ensuring that there is no border between Great Britain and Northern Ireland. We have accepted the sanitary and phytosanitary checks. We are working with the EU, and both the UK and EU have committed to that intensified process, as colleagues will have seen, and to resolving all outstanding issues with the implementation of the Northern Ireland protocol, including securing the flexibilities that we need for trade from Great Britain to Northern Ireland.

As I said, the discussions are ongoing. I hope that the right hon. Gentleman will continue to understand that I am limited in what I can say as I do not want to pre-empt the outcome of those discussions, but we continue to work closely with the Northern Ireland Executive around the practical implications and operational delivery. The Department for Environment, Food and Rural Affairs has been working with the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, and with industry, traders, representative bodies and local authorities to ensure that they are engaged, supported and ready for trading from January 2021. I encourage any business that has not already done so to sign up free with the Trader Support Service.

[Kirsten Oswald (East Renfrewshire) (SNP) [V]]

The Secretary of State will know of the anger among Northern Irish businesspeople over the accusation by the ironically titled Minister for Efficiency and Transformation that they have their

“head stuck in the sand”

on Brexit. Only 30 days from the hard Brexit cliff edge, does the Secretary of State appreciate that most people will have far more sympathy with Northern Irish businessman, Stephen Kelly, who suggests that it is the Government who have their “head stuck somewhere else”? Is it not the case that Northern Ireland businesses have simply been an afterthought in his Government’s chaotic hard Brexit?

[Brandon Lewis]

If only the hon. Lady was talking to Northern Ireland businesses directly, as my team and I do regularly, most weeks. The Minister of State, Northern Ireland Office, my hon. Friend the Member for Worcester (Mr Walker), also engages with businesses in Northern Ireland, as we have been doing consistently throughout this process—including Stephen Kelly, who I do know. It is the information from businesses that fed into the Command Paper that we issued earlier in the year, as well as the guidance that we issued and the work that we are doing to ensure not just that we have unfettered access for Northern Ireland businesses to mainland Great Britain—I hope that she and other colleagues will support us in ensuring that it is in the United Kingdom Internal Market Bill to deliver unfettered access, which she claims in her question to support—but also that we get a good free flow of access to ensure that the whole UK internal market can work together, including Great Britain to Northern Ireland.

[Colum Eastwood (Foyle) (SDLP) [V]]

Given the fact that the Secretary of State has already admitted that the clauses removed by the Lords from the UK Internal Market Bill will break international law, and that the Irish Government, the new US President-elect and the people of Northern Ireland believe that those clauses breach the Northern Ireland protocol, will he commit today to not reinstating them in the Bill next week?

[Brandon Lewis]

Actually, what those clauses have been about is ensuring that we have unfettered access for Northern Ireland businesses to Great Britain. That is something inherent in the protocol. It plays a part in delivering on one of the key sentences in the first few paragraphs in the Northern Ireland protocol that says we will ensure that we do not disrupt the everyday lives of people in their communities. I would have hoped that the hon. Gentleman would support us in ensuring the Northern Ireland businesses can trade in mainland Great Britain as part of the United Kingdom. That is what those clauses are about, as an insurance policy, but obviously our main focus and aim is to secure the right agreement for a wider free trade agreement with the EU, and, indeed, to work with the specialist Joint Committee.

[Stephen Farry (North Down) (Alliance)]

What steps his Department is taking to help ensure that businesses in Northern Ireland are prepared for the end of the transition period.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

We have published guidance throughout the year and are providing extensive support to Northern Ireland businesses. For instance, as I mentioned, we have the Trader Support Service, which is backed by £200 million of funding from the UK Government, and has been well received—it has now had over 16,000 registrations. As we approach the end of the year, we will continue to provide detailed sectoral guidance and information on Government support, and we will step that up as we approach the conclusion of the negotiations to ensure that clear, accessible messages and guidance are provided as soon as possible.

[Stephen Farry [V]]

With barely 700 hours to go until the end of the transition period, it is absurd that so many issues still need to be clarified. Does the Secretary of State recognise that Northern Ireland businesses require a clear legal framework in which to operate, and as such, any changes or mitigations have to be agreed with the EU under the protocol, including potentially any grace period, and that doing the opposite places Northern Ireland businesses in a very uncertain legal position going forward and will create long-term problems for them arising from such unilateral action by the Government?

[Brandon Lewis]

There is a range of things that businesses can be doing and should be doing now, regardless of what the outcome may be, such as signing up to the Trader Support Service. We are intensifying, and have intensified, our work with the specialist Joint Committee. I hope that the hon. Gentleman will join me in supporting the clauses in the UK Internal Market Bill that will give businesses certainty by delivering unfettered access to the whole of the UK.

[Jim Shannon (Strangford) (DUP)]

I have been contacted by a large number of my constituents who are involved in the agrifood sector and other businesses. With special reference to the packaging of products and the new labelling structure, I am ever mindful of the approach of 31 December, which has a cost factor for the labels as well. What information has been released for manufacturing companies to have certainty over their packaging?

[Brandon Lewis]

The hon. Gentleman raises an important point that underlines why we are working with him to provide as much certainty as possible. On this particular matter, I am pleased to be able to tell him that we have recently updated our guidance on labelling changes that are required at the end of the transition period. That guidance is now available on gov.uk, and I will make sure that my office sends him the link so that he can send it on to any of those businesses that are inquiring already.

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

What discussions he has had with Cabinet colleagues on improving transport connections within the UK.

--- Later in debate ---

[Alison McGovern (Wirral South) (Lab)]

What steps he is taking to help ensure the full implementation of the Good Friday agreement.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

The Government remain steadfast in our commitment to the Belfast/Good Friday agreement, and we will continue to support the institutions in delivering peace and prosperity for the people of Northern Ireland. A key institution created as a result of the agreement is the Northern Ireland Assembly, which was restored this year following the “New Decade, New Approach” agreement in January. The best way forward for Northern Ireland lies in strong devolved institutions that support the Executive and Assembly to deliver on the issues that matter to the people of Northern Ireland.

[Alison McGovern]

The Good Friday agreement comes of age today, as it became effective 21 years ago. It provided a platform for the development of excellent economic and social relationships between Northern Ireland and Merseyside. What conversations has the Secretary of State had to ensure that nothing that happens in the next month puts that progress at risk?

[Brandon Lewis]

The hon. Lady makes an excellent point. That is exactly what the clauses in the United Kingdom Internal Market Bill are about—ensuring that businesses in Northern Ireland continue to trade as part of the United Kingdom with unfettered access, which is of benefit to companies in Liverpool, so I hope she will support the Bill when it comes back to the House.

[Louise Haigh (Sheffield, Heeley) (Lab)]

Last week alone, three journalists were issued with violent threats by loyalist paramilitaries. The BBC has seen evidence that loyalist paramilitary groups have over 12,500 members, and there are more dissident groups than during the troubles. Does the Secretary of State agree that a toxic combination of deprivation and a failure to deal with the legacy of the past has created a fertile breeding ground for paramilitary groups?

[Brandon Lewis]

I am sure the hon. Lady would agree with me that obviously there is no place for violence or threats of any description to anybody in Northern Ireland, including media and political players in Northern Ireland. It is completely unacceptable. There is no excuse for it, and actually arguing that it is in any way acceptable because of any other particular issue is, I think, a fallacy and the wrong position to take. I have to say that we are making huge investments. There has obviously been about £20 billion for the Northern Ireland Executive this year, between the block grant and the extra support that the UK Government have put in, on top of having what are financially the biggest city and growth deals in the United Kingdom to ensure that we are levelling up. That is something we are determined to do for the people of Northern Ireland, as we are for the rest of the United Kingdom.

[Louise Haigh]

On Monday, the Secretary of State told the House that he had ceased engaging on legacy issues at the request of victims groups, but he knows that the largest cross-community victims group in Northern Ireland, the WAVE Trauma Centre, has expressed serious concerns at his lack of engagement and, indeed, has described him as “dangerously deluded”. Can he confirm to the House exactly when he will meet those at the WAVE Trauma Centre and when he will present an update on legacy proposals to this House?

[Brandon Lewis]

I am a little bit surprised by what the hon. Lady just outlined, as it was actually the WAVE group that, back in March, asked us to pause on engagement as it and its members were focused on covid, which I think was a reasonable position. I think it was right, as people were focused on covid. However, as I have said a few times to the hon. Lady and to this House, I think that action on legacy, which is such a sensitive and important issue, to make sure we can help Northern Ireland move forward and put the troubles in the past is an important thing to do. It is also important to get that information for the victims and the families of victims who have been looking for that information now for far too long. We are determined to do that by engaging with the people of Northern Ireland, as well as our partners in the Irish Government and the United States and the political parties in Northern Ireland, and when we have done that, I will come back to this House. However, this has to be something that is done with the support of and engagement with the people of Northern Ireland.

The Prime Minister was asked—

Patrick Finucane: Supreme Court Judgment

Brandon Lewis Excerpts

Monday 30th November 2020 Commons Chamber

[The Secretary of State for Northern Ireland (Brandon Lewis)]

Mr Deputy Speaker, I would like to make a statement.

The murder of Patrick Finucane on 12 February 1989 in front of his family was an appalling crime that has caused tremendous suffering. It occurred during a difficult and dark period in this nation’s history, which brought untold pain to many families across the United Kingdom and, indeed, Ireland.

Northern Ireland has made massive strides since the Belfast/Good Friday agreement to create a vibrant, inclusive and forward-looking future. However, the legacy of the troubles for many still hangs like a shadow over society. This Government are determined to work hand in hand with the people of Northern Ireland from all communities, with victims and survivors, and with our Irish partners. We want to find a way to bring truth and reconciliation where there is currently hurt, and where too many people continue to suffer due to the absence of information about the circumstances of the deaths of their loved ones.

It is plain that the levels of collusion in the Finucane case, made clear by previous investigations, are totally unacceptable. Former Prime Minister David Cameron rightly apologised publicly in 2012, and I unreservedly repeat that apology today. I also acknowledge that an apology cannot undo history, and nor can it alleviate the years of pain that the Finucane family have felt. It is none the less right that this Government acknowledge that, at the height of the troubles, actions were taken that fell far short of what can and should be expected.

The murder of Patrick Finucane has been the subject of a considerable number of investigations and reviews, including the Stevens 3 investigation and the de Silva review. These investigations led to the conviction of Ken Barrett, a loyalist terrorist who pled guilty to the murder.

In February 2019, the Supreme Court made a declaration that the state had not discharged its obligation to conduct an article 2-compliant investigation into the death of Mr Finucane. That judgment specifically set out that it is for the state to decide what form of investigation, if indeed any is now feasible, is required in order to meet that requirement. It did not order a public inquiry, but in considering all the options open to me to meet the state’s obligations under article 2, I have considered whether a public inquiry would be the most appropriate step to address the specific findings of the courts at this time.

I have, this afternoon, spoken to the Finucane family. I advised them of my decision not to establish a public inquiry at this time. Our public statement, published this afternoon, set out the considered rationale for this decision, which I will now explain directly to the House.

In reaching its conclusion, the Supreme Court identified a number of issues with previous investigations in this case. First, there was no identification of the officers within the Royal Ulster Constabulary, Security Service and Secret Intelligence Service who failed to warn Patrick Finucane of known threats to his life in 1981 and 1985, together with the circumstances in which these failures occurred. Secondly, there was no identification of the RUC officers who, as Desmond de Silva said, probably did propose Mr Finucane as a target for loyalist terrorists in December 1988. Thirdly, there was no identification of the police source who provided intelligence about Patrick Finucane to Ken Barrett.

The Supreme Court identified these shortcomings and other failures of process, but it did not render the previous reviews and investigations, which resulted in significant findings and information being released into the public domain, null and void. The work conducted by, and the findings of, those previous independent investigations and reviews remain valid. The state’s article 2 obligations can be met through a series of processes taken by independent authorities on the initiative of the state, which, cumulatively, can establish the facts and identify the perpetrators and hold them to account where sufficient evidence exists.

In June 2019, an independent review of previous investigations was commissioned by my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley). The first purpose of this review was to gain a clear understanding of what investigative steps had already been taken to identify all individuals of concern. Its second purpose was to understand the actions taken as part of previous investigations in respect of these individuals. The review was conducted by independent counsel from Northern Ireland. It highlighted that steps had in fact been taken during previous investigations which had not been considered by the Supreme Court but which were relevant to the issues it identified. For example, it found that a number of officers from the Royal Ulster Constabulary and the Army’s force research unit had been interviewed as part of the Stevens investigation, and that Stevens accepted that there was no direct breach of policy by any individual officer at the time. As my right hon. Friend the Member for North Shropshire (Mr Paterson) stated in 2011, accepting that collusion occurred is not sufficient in itself.

The Government recognise the need to ensure sufficient levels of public scrutiny of critical investigations and their results. I am today publishing further information that was considered by the independent counsel in their review since the Supreme Court judgment, some of which has not previously been released into the public domain. That includes information pertaining to a Police Service of Northern Ireland review conducted in 2015.

As set out in the 2015 police review, a number of issues were referred to the Police Ombudsman for Northern Ireland in 2016, and also remain subject to investigation. In addition, the legacy investigation branch of the PSNI informed my Department on 2 November 2020 that Patrick Finucane’s case is shortly due to undergo a process of review in accordance with the priorities set out in its case sequencing model. The Chief Constable confirmed that that is expected to begin early in the new year.



To be clear, this is a purely operational police matter. The UK Government, rightly, have no role whatsoever in determining how or when the police deal with their outstanding legacy case load. However, the fact that a decision on a police review is due shortly is an important development and was a factor in determining the next steps in this case. Critically, a review would consider whether further investigative steps could be taken in this case and whether the PSNI should do this—these were key elements of the Supreme Court judgment. It is, quite properly, for the Chief Constable of the PSNI to determine the precise scope and format of any review, in accordance with their own priorities and review procedures, and the police have indicated that they expect that any review would need to be conducted independently of the PSNI. Such a process, in addition to the ongoing investigations being conducted by the police ombudsman, can play an important role in addressing the issues identified by the Supreme Court. I want to be clear: I am not taking the possibility of a public inquiry off the table at this stage. It is important that we allow the PSNI and police ombudsman processes to move forward, and that we avoid the risk of prejudicing any emerging conclusions from their work. I will then consider all options available to me to meet the Government’s obligations.

I assure the House that this decision has been taken following careful consideration of the facts, the findings of the Supreme Court judgment, the outcome of the independent counsel review and the United Kingdom’s obligations under article 2 of the European convention on human rights. This Government have demonstrated that when the public interest requires it, we will establish public inquiries to look at any potential failings by government or state bodies, as, for example, we have done in the case of the Manchester bombing. In this instance, I believe it is in the public interest to allow the police and ombudsman processes to proceed before taking any decision on whether the state’s article 2 obligations have been discharged or whether further steps are required.

This case, it has to be said, is, sadly, just one example of the violence and tragedy experienced by so many individuals and families across Northern Ireland, the rest of the United Kingdom and indeed Ireland during the troubles. That is why, as a Government, we remain committed to dealing with the legacy of the past in its entirety. We are determined to get this right, working closely with communities. This is vital, so that society in Northern Ireland can look beyond its divisive past and towards a shared future. I commend this statement to the House.

[Louise Haigh (Sheffield, Heeley) (Lab)]

I thank the Secretary of State for advance sight of his statement. First, may I pay tribute, on behalf of my party, to the widow of Pat Finucane, Geraldine, and her whole family? As with so many victims I have met, the dignity, determination and strength they have shown in the face of horror unimaginable to many of us in this House is humbling, and I know how difficult today has been for them.

The murder of Pat Finucane in 1989, gunned down in front of his young family in his kitchen by loyalist paramilitaries, involved shocking levels of state collusion. It is welcome to hear the Secretary of State repeat former Prime Minister David Cameron’s apology, but he is right: it is not enough. There has never been an adequate investigation into Pat Finucane’s murder and Supreme Court justice Lord Kerr has said that previous investigations have had profound “shortcomings” that

“have hampered, if not indeed prevented, the uncovering of the truth about this murder.”

That this crime could happen at all in our country is shocking, and that it has never been investigated to a lawful standard is unjustifiable. We have to ask ourselves, as we do with all legacy issues from the troubles: do we accept a lesser standard of justice for citizens in Northern Ireland than we would if this terrible crime had happened in our own constituencies? The Secretary of State references the Manchester inquiry. Do victims in Northern Ireland not deserve the same transparency and justice?

I have listened carefully to the Secretary of State, but the decision he has taken today will be a desperate disappointment to the Finucanes, and I struggle to see how he can make the case that it prevents him from remaining in breach of his human rights obligations, as the Supreme Court found last year. Indeed, an initial reading suggests that it is at odds with some of the central conclusions the Supreme Court reached. He says that through a series of processes the state can cumulatively meet its article 2 obligations. That was the same argument made by Sir James Eadie for the Government, who said that although the de Silva review had not been article 2 compliant, previous investigations, taken together, meant it was. It is of fundamental importance that the House is aware that Lord Kerr rejected that argument in the Supreme Court case last year. Furthermore, he said that the legal standard had not been met because:

“Sir Desmond did not have power to compel the attendance of witnesses. Those who did meet him were not subject to testing by way of challenging probes as to the veracity and accuracy of their evidence.”

If Sir Desmond had been able to compel witnesses and had had the opportunity to probe their accounts, it may have led to the identification of those in the police and the security services involved in the targeting of Mr Finucane.

It appears that nothing the Secretary of State has announced today will make up for these most fundamental shortcomings in previous reviews, and the family have described his approach as farcical. Is he not concerned that all this does is leave him open to further legal challenge and to being back here in a few months’ or years’ time? Waiting for a legacy investigation branch review, which the police themselves acknowledge they are not operationally independent enough to conduct, and an ombudsman’s review of existing evidence is simply delaying the inevitability of the only right and legal course of action. I note that he is not ruling out a full public inquiry in the future. Why does he not grasp this opportunity to deliver it now?

The troubles were a dark and violent time in our history. More than 3,000 civilians, soldiers and police officers lost their lives. Many have never received justice. The trauma of loss and grief from losing loved ones to such violence has been compounded by the prolonged failures of successive Governments to deliver the truth about what happened to them. That trauma echoes through the generations and is felt at a societal level in Northern Ireland. It is incumbent on the Secretary of State urgently to bring forward legacy proposals that would deliver the truth for all victims. It remains the most significant outstanding element of the Good Friday agreement, 22 years on. However, I regret to say that the Secretary of State’s unilateral approach so far in dealing with legacy has been harmful and hurtful to victims across Northern Ireland. If we are finally to take responsibility in this House for helping Northern Ireland deal with the legacy of its past, then he must urgently engage with all communities, victims and of course our partners to the Good Friday agreement, the Irish Government. This was the essence of the Stormont House agreement, which his Government committed to legislating for just this year.

Today’s announcement is a painful setback for those who have campaigned for the truth for decades and in the faith that the Government are committed to reconciliation. I would strongly urge the Secretary of State, in the further difficult decisions that lie ahead, to remember the deep responsibility that he has to deliver the truth to all victims and to reconciliation in Northern Ireland.

[Brandon Lewis]

The hon. Lady is absolutely right: we all should be working to find a holistic approach to the legacy issues for Northern Ireland. It is something we agreed to do and pledged to do as part of the new decade, new approach agreement that saw the return of Stormont this year. I think it is a hugely important piece of work, and it is something we owe to the next generation and the current generations of people across Northern Ireland of all communities. There are still, as she said, far too many families across societies in Northern Ireland who do not know what happened to members of their family and do not have the details of what happened during the troubles. We should all be working across parties and across society to look at how we can get that information so that families can have a way to reconciliation and information that allows that to happen. That is how we allow Northern Ireland to continue not just to build on the peace process, but to really look forward to a more prosperous and forward-looking future. That cannot change what happened in the past, but it does give families and people an opportunity to know more and to understand across all communities.

I have to say I differ from the hon. Lady in what she understands is our approach today, because it is quite the opposite. I have been clear and consistent all the way through that we want, and I want, to make sure that we are engaged not just across all political parties in Northern Ireland, but across civic society and in dealing with our partners in the Irish Government, to whom I speak regularly on these issues as well. We will continue to do that work. People were rightly focused over the last few months of this year on dealing with covid-19, but it is right that we start to move to talk to people about the future relating to the troubles of the past and how we move forward. We are doing that across civic society and across all parties, and we will be doing so.

I also differ from the hon. Lady in what seems to be her lack of confidence in the PSNI. The PSNI is independent. Its review and investigation is independent of Government, and I have confidence in its ability. We saw just this summer phenomenal work from the PSNI, with partners, on dealing with issues in Northern Ireland. I have absolute confidence that it will deal with this review in the right way and in a proper way. I support the opinion that the PSNI has outlined: that it will potentially seek to have an independent force work on this issue. We will support and help it on that, but that is a matter for the PSNI. I believe it is right that we allow this process and the police ombudsman process, which is equally independent, to happen and then to look at the findings from them, because until we know what comes from those reviews and investigations, it is too soon to know whether that would bring compliance with article 2. The hon. Lady seems to want to prejudge that, but we should let the police do their job.

[Simon Hoare (North Dorset) (Con) [V]]

The Secretary of State has announced a very difficult decision, which he will know is not without consequences. Like many with an interest in the affairs of Northern Ireland, my Committee is increasingly perplexed with regard to the Government’s current approach to legacy issues. In terms of dealing with legacy and building trust across the communities, what has he assessed the ramification of his announcement today to be, and is he prepared to publish an update in Hansard of his written ministerial statement of 20 March? The lacuna that the Government have created in dealing with legacy is causing enormous consternation on both sides of the community.

[Brandon Lewis]

I would say to my hon. Friend, who chairs the Northern Ireland Affairs Committee, that shortly after the statement in March, when we discussed legacy issues with victims groups, they asked us to pause because the people they represent were facing the challenges of covid. I felt that that was the right thing to do, so we paused that engagement. Over the last few weeks, I have been talking to civic society, as I do regularly, and people across civic society and across the communities obviously have a huge interest in legacy.

The point I have made consistently since the written ministerial statement in March this year is that, to move forward on legacy and to move forward in Northern Ireland, we have to bring people together, and as my hon. Friend rightly says, people across communities have to be clear about what they need to look forward and get the information that can lead to reconciliation. It is right that we engage widely and deeply with civic society and victims groups, as well as political parties and our partners in the Irish Government, before we come back with proposals. I am determined to do that. We have a duty to do that—a duty to the people of Northern Ireland—but we want to do that in a methodical and proper way. I hope people will see that going through these investigations in a methodical and proper way plays a part in that.

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

We welcome the Secretary of State’s decision. Equally, we condemn the murder of Pat Finucane. On my 21st birthday, my friend and colleague Edgar Graham, a lawyer and lecturer at Queen’s University, was murdered by the Provisional IRA. There were people involved—not only the gunman, but others who gave information that led to his murder, pointing the finger towards Edgar’s movements and so on. Is it not the case that all innocent victims are entitled to access to justice and to truth, including the family of Edgar Graham, a young lawyer cut down in his prime, and that what we really need is not special attention to any one case but an holistic approach to legacy that enables all innocent victims to have access to truth and justice?

[Brandon Lewis]

The right hon. Gentleman makes a very powerful point. That is why I specifically made the point in my opening remarks about dealing with the legacy in its entirety and recognising that a great number of people across communities have suffered loss and still do not have information or understanding of what happened to some of their family. We have to find a way through this. We have a duty to do everything we can to bring that information forward. That is why this week, we will publish further information on this case that has not yet been in the public domain. The more information we can bring out and secure for families and victims, the better for the future of Northern Ireland. It is right that we do that for everybody who was affected.

[Theresa Villiers (Chipping Barnet) (Con)]

I welcome my right hon. Friend’s statement and support his decision. As he said, the murder of Pat Finucane was an appalling, shocking crime, and the involvement of the state, as documented by the de Silva review, was utterly unacceptable. However, I would urge my right hon. Friend, in his approach to legacy, not to let the appalling events of this case overshadow the reality that the vast majority of those who served in the police and armed services in Northern Ireland during the troubles did so with the highest degree of integrity and professionalism.

[Brandon Lewis]

My right hon. Friend makes a strong point. I know how much time and effort she put into these issues when she was in my role as Secretary of State. She is absolutely right. As I have said, and as she and the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) and former Prime Minister David Cameron have said, this case is an example of completely unacceptable behaviour that fell way below not just what we expect today but what we should have expected at any time. There is no escaping that fact, but this should equally not distract us from the fact that so many people so often give so much in the defence of our freedom, our safety and our security across the United Kingdom and have also done so in Northern Ireland, across the armed forces and through our services as well.

[Colum Eastwood (Foyle) (SDLP) [V]]

I absolutely do not thank the Secretary of State for that statement. The British state murdered Pat Finucane, and the Secretary of State has failed miserably to do right by his family today. Does he not realise that he is sending out a clear message to all victims? That message is: “If you want the truth about what happened to your loved ones, don’t come looking for it here.”

[Brandon Lewis]

I am afraid that I would say quite the opposite. I am saying clearly that there is a process that we will go through and that we want to ensure that we abide by and meet our article 2 obligations. We will assess this again following the PSNI investigation and the police ombudsman’s work. That is a clear message about following proper due process and letting those investigations work through to see what information we can bring out. Ultimately, the aim of all the work we should be doing on the legacy is to ensure that we secure information for families who have been waiting for it for far too long.

[Sir Robert Neill (Bromley and Chislehurst) (Con) [V]]

I appreciate that these are very sensitive issues and that this was a difficult decision for my right hon. Friend to make. I was pleased to hear him say just now that the Government accept their obligations under article 2. Will he confirm that they also accept their obligations under section 6 of the Human Rights Act? I was a professional friend and colleague of the late Sir Desmond de Silva. Would my right hon. Friend accept that the difficulties with his inquiry were related not to any lack of professionalism or integrity on Sir Desmond’s part but to the procedural constraints that were placed upon him and that that was what caused the Supreme Court to find that, thus far, the article 2 obligations had not been met? Will my right hon. Friend confirm that no such procedural constraints will be placed on the ongoing inquiries and investigations and that the Government will ensure that the article 2 obligations, as set out by the Supreme Court’s judgment, will be complied with fully and in a timely manner?

[Brandon Lewis]

We are absolutely committed to our obligations under article 2. That is why I have said that I will reassess this, following the work by the PSNI and the police ombudsman. On the question of scope, as a police-led investigation, this obviously has different connotations and different powers from those that Desmond de Silva had, and that is quite right. This is a matter for the PSNI, which is independent of the Government, and it will be for the Chief Constable to outline the remit and the process of the review. As I said, he intends to start that early next year. In fact, he told me that he hoped it would start in January. The PSNI will be engaging with the Finucane family around that work, and we will ensure that it does so ahead of the work beginning in early 2021.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

If I can accentuate the positive, I welcome the fact that the Secretary of State says that the question of a future public inquiry is not yet off the table. However, I have to tell him that his reliance on police and ombudsman inquiries as a justification would have a lot more weight if the case were new or recent. But it is 31 years plus since Pat Finucane was murdered. We have had the apologies for collusion, but as others have said, that can never be enough. Surely, those who seek truth and closure in other cases would find that their case for the same closure that the Finucane family want through a public inquiry was enhanced not diminished by holding a public inquiry.

[Brandon Lewis]

I am sure that the right hon. Gentleman appreciates that every case is different and has to be assessed on its merits. That is how the judicial process and the police process work. It is right that we allow the police process to do its work. We have seen that evidence, including some evidence to the Northern Ireland Affairs Committee, from Operation Kenova, is bringing out information and understanding that was not there about things that happened many decades ago. There are good examples of new bits of information and evidence and of how evidence can be assessed differently as techniques have changed, which recent work has shown, particularly Operation Kenova. That is positive, but we will assess the matter after the processes are completed so that we continue to ensure that we fulfil our article 2 obligations.

[Joy Morrissey (Beaconsfield) (Con)]

Has my right hon. Friend spoken to the Irish Government about this matter?

--- Later in debate ---

[Brandon Lewis]

We speak to the Irish Government regularly, and I have spoken to them today. Before I came to the House, I spoke to the Irish Government and to the Finucane family.

[Stephen Farry (North Down) (Alliance)]

This is a very poor decision. It comes on top of sidelining the Stormont House agreement, which is the key to a comprehensive approach for all victims. But the Finucane case in particular raises serious questions about the rule of law, actions of the state and accountability. I strongly support the PSNI, but this approach turns back the clock in terms of investigations. How does it enable documents and witnesses to be compelled and how is it compatible with the independence required under article 2 of the European convention on human rights?

[Brandon Lewis]

As I have outlined to the hon. Gentleman before, the principles of Stormont House are important. More widely, in looking at how we deal with legacy issues and the issues of the troubles, that ability for reconciliation and information is built on those Stormont House principles, and we must ensure that we deliver on that. In this particular case, I say to the hon. Gentleman that the PSNI is independent. It has already indicated that it expects and will seek to appoint an independent force to look at this. I support it in that, but it is a matter for the Chief Constable of the PSNI. Obviously, the PSNI has its own abilities in a police investigation, and it will set its remit for taking the case forward.

[Rob Butler (Aylesbury) (Con)]

Picking up from the previous point, will my right hon. Friend give a little more clarity on the PSNI review of the Finucane case to allay any concerns that the PSNI would be marking its own homework?

[Brandon Lewis]

My hon. Friend makes an important point. We need to be clear about the difference between the PSNI process and the police ombudsman work. The independent Police Ombudsman for Northern Ireland will look at the actions and the activities of the Royal Ulster Constabulary. The PSNI will look at the case through the eyes of a police force. It is operationally independent of the Government, and as I said, it has indicated that it is likely to ask an independent force to take the case forward. I therefore believe that we can have confidence in the PSNI’s independence and in that of the process.

[Mr Gregory Campbell (East Londonderry) (DUP)]

There can be no justification or reservation regarding the murder of Pat Finucane. However, unlike thousands of other wrong and unjustifiable murders, there have been investigations, people in court and people convicted of this murder. Thousands of other relatives had none of those outcomes. Does the Secretary of State agree that to properly deal with the past, we need to see the same unequivocal condemnation from across the House of the murder of Pat Finucane applied to all the other murders, including the terror campaign that was carried out by the organisation that Pat Finucane’s brothers, Seamus, John and Dermot, were part of for many years?

[Brandon Lewis]

The hon. Gentleman has just highlighted the strength of feeling across communities on this issue, and understandably so. It is absolutely right that we are all clear that there are too many people from across Northern Ireland—and, indeed, the rest of the United Kingdom—who lost people and who still do not have the information about and understanding of what happened in the way that they should. We must all work to ensure that we are doing everything that we can to get that information, with a pathway to reconciliation for people. Any life lost is one too many, and none of us should be doing anything other than respecting the people who lost people through the troubles in such tragic circumstances and often in a way that none of us today could ever excuse.

[Mr Deputy Speaker (Mr Nigel Evans)]

I just want to remind everybody to take care that they do not make reference to any live cases that may be ongoing at the moment.

[Bob Blackman (Harrow East) (Con) [V]]

I welcome my right hon. Friend’s statement. Will he set out for the House what he expects the timescales to be for these reviews? This has all gone on over an extended period. The family are clearly concerned. Indeed, everyone in this House will be concerned about the length of time for which this has been allowed to drag on. If he could give us a position on timescales, I think that would settle some of the issues of concern.

[Brandon Lewis]

As always, my hon. Friend makes an accurate point. Owing to the independence of the PSNI, the exact timing of the process is a matter for it. As I said earlier, it is expecting to start in early 2021. I saw the Chief Constable about a week or 10 days ago, when he indicated to me that it could well start as early as January. The PSNI will be engaging with the family to seek their views on how they wish to engage with the process before that happens. The question how long the review will take to go forward is an operational matter for the PSNI. Operational matters—even if they are part of the review process in investigation cases—are a matter for the PSNI, which is operationally independent.

[Tony Lloyd (Rochdale) (Lab) [V]]

I very much regret the Secretary of State’s decision; it is the wrong one. I am sure that we will return to a public inquiry in the fullness of time. Does he accept the fact that the decision not to hold a public inquiry looks like the state still determined to protect the state? This was no failure by actors of the state; it was collusion by agents of the state. Of course, the reality is that we still need to find out how far that collusion went. Can the Secretary of State be specific: will the PSNI and ombudsman inquiry have access to the records of the security services? Without that, frankly, their own inquiries will not come to the conclusions that we need to be put into the public domain.

[Brandon Lewis]

The hon. Gentleman has a long history of working on issues for Northern Ireland; it is good to see him today, even via video link. As the former Prime Minister David Cameron outlined and as I have reconfirmed today, the fact that we have apologised for the collusion that happened—the unacceptable levels—is in the public domain. That was a matter of record back in 2011, as we all know and have discussed a few times today. The operational independence of the PSNI means that this is a matter for the PSNI. They will assess the remit and how they take this case forward. I have confidence not only in their independence, but in their expertise and professionalism to do that in a proper way. It is after those reviews that we will fully assess where we are in terms of article 2 obligations, before making any further decisions, to ensure that we have completed them.

[Craig Williams (Montgomeryshire) (Con)]

I broadly welcome my right hon. Friend’s statement. Members on both sides of this House appreciate that he has one of the most difficult jobs in government and the weight of history on his shoulders. May I draw him on the article 2 obligations to which he alluded? Does he believe that this course of action fully discharged our obligations under article 2?

[Brandon Lewis]

My hon. Friend asks a hugely important question, and the very straight answer to the House is that I cannot answer that yet; I do not know. I believe that these are the right next steps in terms of our article 2 obligations. As I have said, we will assess things after these processes have gone through. They could well be hugely important in the information they contribute, but the final decision on where we are with article 2 compliance will have to be taken after those processes have completed and we can assess what they have brought in terms of information and understanding of the case.

[Dave Doogan (Angus) (SNP) [V]]

The Secretary of State rightly acknowledges that this was an appalling crime, but then continues that it was in a difficult and dark period in this nation’s history—a qualification that changes nothing, because no context is relevant here. It is not for the state or its agencies to uphold the rule of law when it is easy; indeed, the obligation may be seen to increase commensurately with any extenuating challenge in compliance. Almost 32 years later, there will still be no public inquiry ordered by the British state into its collusion in this crime. How does he expect Pat Finucane’s family to maintain confidence regarding this latest failure to secure justice through a public inquiry?

[Brandon Lewis]

I suggest that the hon. Gentleman looks back at my statement in Hansard later on, because he has misunderstood the point I was making. This was a dark time—that is a simple fact of the reality of the troubles. I am sure we are all pleased that the Good Friday/Belfast agreement has meant that we have been able to move forward from that period and develop a peace process that is leading to prosperity in Northern Ireland that we should be building on.

I have spoken to the Finucane family today. I understand and appreciate that they will be disappointed by the decision we have made today, because they clearly would like to see a public inquiry. The decision we have to make and the decision I have made is around what is in the public interest and what the right steps are in completing our obligations under article 2, as per the Supreme Court’s decisions.

The police investigation and the police ombudsman’s work in its investigation is an important part of that process. We have to see what comes through with that. I think it is right that we allow that methodical approach to happen without pre-judging what the outcomes of that may be or creating a dual piece of work that could prejudice the work of the police or the police ombudsman. That is the right way forward and the proper due process to follow.

[Tom Randall (Gedling) (Con)]

Would I be right in concluding from my right hon. Friend’s statement that while a public inquiry has not been ruled out, at this stage to proceed with one would not much advance the matter and, in fact, would become entangled with the PSNI review he has announced?

[Brandon Lewis]

My hon. Friend asks a good question. It is right that with the PSNI taking forward this review and investigation and the police ombudsman doing its review and investigative work, it could be prejudicial to have another process running alongside. In terms of assessing whether the Government have fulfilled our article 2 obligations, we need to let these processes work through and then make that decision.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

In 2012, Sir Desmond de Silva QC’s review found that

“a series of positive actions by employers of the State that actively furthered and facilitated his murder”,

yet even that review had serious shortcomings, as identified by the Supreme Court. At long last, the Government must hold a full public inquiry into the murder of lawyer Patrick Finucane, because in direct contravention of what the Secretary of State has just mentioned, the chief constable of the PSNI has said it is

“our view that there are currently no new lines of inquiry. We now need to decide if a further review is merited given all the previous investigations into this case.”

Why is the Secretary of State procrastinating and adding to the heartache and pain of the Finucane family?

[Brandon Lewis]

I think I have answered the hon. Gentleman’s question several times already today. The simple fact is that on 2 November, the PSNI notified my Department of the investigative review process it will be starting in early 2021. I think he might be getting his timelines wrong in terms of what he is referring to, because it is not until that is completed that the PSNI can know whether there is anything new that will also inform our decision around our article 2 obligations. That is the right process. I trust the PSNI to do its job professionally.

[Bob Stewart (Beckenham) (Con)]

I would like to see more focus on all the unsolved murders in Northern Ireland. I welcome the independent involvement of the legacy investigation branch into the murder of Patrick Finucane. However, can I be reassured by my right hon. Friend that the branch will be given sufficient resources, access to records and the time to determine what exactly happened on that fateful day 31 years ago?

[Brandon Lewis]

On the budgetary issue, obviously the investigatory work that the PSNI is doing on cases, including this case coming forward, is part of its budgetary plan. I share my hon. Friend’s view that we must all be working to secure information for families right across the United Kingdom, and particularly those affected by the troubles in Northern Ireland, who do not yet have that information. He is absolutely right about that.

In this case, I will be happy to give the PSNI all the support it needs to go through this process in a proper, efficient way, while always respecting the fact that it is an independent, autonomous body. We have to respect its independence to do its work properly and professionally, as I know it will.

[Gavin Robinson (Belfast East) (DUP)]

May I thank the Secretary of State for outlining what I believe was a fair and balanced response to the House today? I think he has very clearly dealt with the issues, and recognises that the complexity of our legacy and our past means that there are many hundreds, if not thousands, of families who equally have a sincere and earnest desire for truth and justice, and that all needs to be considered in the round.

However, if the Secretary of State is committed to informing us of his plans on legacy in the weeks to come, can I ask him sincerely to reconsider the position he has adopted: that the Northern Ireland Office and Her Majesty’s Government will not financially support victims’ pensions? It was his Government that extended the eligibility criteria last year, doing so in a way that increased the costs exponentially, and gave commitments in “New Decade, New Approach”. If the Secretary of State is sincere about dealing with legacy and supporting those who are victims of our troubled past, will he put his money where his mouth is and make sure that people get the support they so desperately need?

[Brandon Lewis]

The hon. Gentleman makes a hugely important point, and I fully accept and agree with what he said in the first part of his question. I firmly believe that we have a duty to find a way forward on legacy that allows families to have an understanding, and to get that information and reconciliation for Northern Ireland, building on the peace and prosperity we have seen since the Belfast/Good Friday agreement. That is a duty we should all take seriously, and we should do everything we can, working across civic society, to find a way forward that we can all come together and deliver on.

The hon. Gentleman also makes an important point about victims’ payments, which I will answer briefly, Mr Deputy Speaker, if you will allow me. I do think that victims have waited for far too long. I was hugely disappointed with how long it took to get even the designation of the Department arranged by the Northern Ireland Executive; I am as frustrated as others that that is not there. To be fair, I know that the Department of Justice and the Minister are working hard, along with the First Minister, to get this done as quickly as possible, and both are equally passionate about delivering for the victims.

Bearing in mind that the Northern Ireland Executive have had somewhere in the region of £20 billion this year, even as part of the £15 billion block grant, it is important that they work out what amount of that money they are putting into something that they—including the Deputy First Minister—say is a priority, to make sure that money gets to the victims who need it. I encourage the Department of Finance to pull together an independent fiscal council, as agreed under “New Decade, New Approach”, to get proper transparency about these finances, which will help budget in a way that will mean it can properly fund the Department of Justice, through the Executive, to deliver on this for victims.

[Brendan Clarke-Smith (Bassetlaw) (Con)]

Can my right hon. Friend confirm that he is fully convinced that the path forward he has set out today in his statement to this House fully discharges the Government’s duties and responsibilities towards meeting the Supreme Court’s statements about this case?

[Brandon Lewis]

Yes, I think this is the right next step: for the police and the police ombudsman to do their work, so that we can then assess whether we have fully completed our obligations under article 2. Once those processes have finished, we will make that assessment and take any decisions we need to, because we are determined to make sure we deliver on those obligations.

[Sammy Wilson (East Antrim) (DUP)]

Tens of millions—indeed, hundreds of millions—of pounds have already been spent on four investigations into the murder of Pat Finucane, whose family have well-documented terrorist links. One brother died while engaged in terrorist activity and two were captured while engaged in terrorist activity. Indeed, informers have alleged that Pat Finucane himself, for one reason or another, was the solicitor of choice for IRA terrorists when they were captured. The expenditure contrasts starkly with the derisory efforts that have been made to deal with the cases of thousands of people who were killed by the IRA, which have not been investigated and for which no one has been brought to justice.

It is a great pity that the Secretary of State has not today ruled out unequivocally the expenditure of more British taxpayers’ money on further investigation some time in the future. I think that many people in Northern Ireland would have had much more comfort had he done so.

[Brandon Lewis]

I hear what the right hon. Gentleman has said. We have a core judgment that outlines that we have not yet fulfilled the article 2 obligations. We are clear that we will seek to do that. This is the next step of the process. As I say, the Police Service of Northern Ireland and the police ombudsman are independent in terms of coming to those conclusions and decisions. We will let them do their work. I agree with his point about people across Northern Ireland who have lost their lives, been injured or lost loved ones in the troubles. It is important that we all do all we can to get to the bottom of what happened. It was unacceptable and we should work together across parties, across civic society and with our partners in the Irish Government to get as much information as we can for those families, so that we can understand what happened and move forward into a period of reconciliation.

[Scott Benton (Blackpool South) (Con)]

I welcome my right hon. Friend’s statement, and specifically the decision not to proceed with a full public inquiry at this time for the reasons that he outlined. Does he agree that there is so much more we can do to help individuals in Northern Ireland on both sides of the community to heal the wounds from the past? The broad approach outlined in the legacy proposals can help to deliver that in a fair, consistent and clear manner.

[Brandon Lewis]

My hon. Friend makes a powerful point. He is right that there is not just a duty on us, but a desire in all of us to give people the ability to reconcile and move forward. I have seen some of the really interesting work that has been submitted to the Northern Ireland Affairs Committee in its report on legacy. We will engage widely with civic society as well as political parties and our partners in the Irish Government to so that Northern Ireland can look forward, while never forgetting the past, to reconciliation, with information for survivors and victims at the heart of that.

[Mary Kelly Foy (City of Durham) (Lab)]

I am appalled that the Secretary of State has failed to grant an independent public inquiry. What that means is that the UK, in effect, remains in breach of our international human rights obligations. The Finucane family and the wider community in Northern Ireland have been let down once again. With reference to any future criminal conduct authorisations arising from the Covert Human Intelligence Sources (Criminal Conduct) Bill, does the Secretary of State agree that intelligence sources should never be offered blanket immunity from criminal or civil prosecutions?

[Brandon Lewis]

I am afraid that I disagree with the hon. Lady about the process that we are going through. We are determined and focused on delivering on our article 2 obligations, as I have outlined. I would also suggest that she looks at the information that we will now be publishing. It has not been in the public domain before this stage, and it is an important part of the process, as is the work of the police ombudsman and the Police Service of Northern Ireland. We thank people across society for the work they have done to keep this country safe at various times in our history.

[Jim Shannon (Strangford) (DUP)]

I too thank the Secretary of State for his statement. I wish to extend my sympathy to those who grieve the loss of their father, husband, son and brother, but will the Secretary of State further outline whether the rationale used to exclude this case from public inquiry is the same as the criteria used to refuse requests for inquiries into the La Mon atrocity, for example, where 12 were killed and 30 were injured, including my constituent Billy McDowell and his late wife Lily, or the slaughter of the four Ulster Defence Regiment men, John Birch, Michael Adams, Steven Smart and Lance Corporal Bradley, at Ballydugan outside Downpatrick some 30 years ago? We need equality, and we want to see it.

[Brandon Lewis]

The hon. Gentleman highlights, as have other colleagues this afternoon, some of the tragic circumstances and the importance of people across all communities, and us all, understanding the losses that have been seen across all communities. I would just say to him, as I have said, that every case has to be looked at on the merits of that individual case. In this particular case, as I say, I believe the next steps are the right ones: to allow the PSNI and the police ombudsman to do their work.

[Rachel Hopkins (Luton South) (Lab)]

I, too, am thoroughly disappointed that the Secretary of State has not decided to grant a full public inquiry into the death of Pat Finucane. Concern over the Secretary of State’s approach to dealing with legacy is not limited to Opposition Members; the Northern Ireland Affairs Committee said that the proposals in his March statement raised

“profound legal, ethical and human rights issues.”

Does he agree with that assessment? Will he commit to resetting his approach to dealing with legacy to win back the trust of victims and their families?

--- Later in debate ---

[Brandon Lewis]

I do not agree with what the hon. Lady has outlined. The March statement was the start of a conversation, which, as I said, we obviously paused; victims groups particularly requested that we pause it while they were dealing with that first core wave of covid. My view has been, as I have said all along, that I want to engage with civic society, as well as political parties and our partners in the Irish Government, on legacy—on finding a way forward that we can then bring back. I find it interesting sometimes to read what people assume is our position when I have not outlined it yet. It is important that we engage and listen to the people of Northern Ireland rather than making assumptions.

[Mr Deputy Speaker (Mr Nigel Evans)]

I thank the Secretary of State for his statement and for responding to 25 questions. The House stands suspended for three minutes.

Virtual participation in proceedings concluded (Order, 4 June).

Third substantive report of the Independent Reporting Commission

Brandon Lewis Excerpts

Tuesday 17th November 2020 Written Statements

[The Secretary of State for Northern Ireland (Brandon Lewis)]

I have received the third substantive report from the Independent Reporting Commission (IRC).

The IRC emanated from the “Fresh Start” agreement of November 2015. The agreement set out the Northern Ireland Executive’s commitments around tackling paramilitary activity and associated criminality. This work continues to be taken forward through a Northern Ireland Executive action plan which contains 43 recommendations.

This third substantive report builds on the work already undertaken by the commissioners. The inclusion of a commitment to continue to tackle paramilitarism in the “New Decade, New Approach” agreement, in January 2020, highlights the ongoing importance of this issue, but the commission’s report again reminds us of the challenging work still to be done.

I would like to thank the commissioners for their work, particularly in delivering this year’s report in the midst of the covid-19 pandemic.

[HCWS584]

Ireland/Northern Ireland Protocol: Consent Mechanism Regulations

Brandon Lewis Excerpts

Monday 2nd November 2020 Written Statements

[The Secretary of State for Northern Ireland (Brandon Lewis)]

I am today laying before both Houses of Parliament a draft of the Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020, which will, if approved, reflect in domestic law the consent mechanism set out in the Ireland/Northern Ireland Protocol and the UK Government’s unilateral declaration of 17 October 2019.



The consent mechanism ensures that articles 5 to 10 of the protocol will cease to apply if Northern Ireland’s political representatives conclude they are no longer desirable. The first consent process will take place in late 2024, and will be repeated every four or eight years depending on whether consent (if given) is given on a simple majority or a cross-community basis. Embedding that recognition of consent in the protocol was intrinsic to its acceptance by this Government.



The regulations implement both a default consent procedure, which will apply if a First Minister and Deputy First Minister are in office at the time notification of the start of the process is given, and an alternative consent procedure, which will apply if a First Minister and Deputy First Minister are not in office at the time notification of the start of the process is given. The alternative procedure enables any MLA to bring forward the consent motion in the absence of a First Minister and Deputy First Minister.



The protocol was specifically designed to protect the Belfast (Good Friday) agreement and the gains of the peace process. The principle of consent is central to it, ensuring that democratically elected local politicians make decisions for the people of Northern Ireland.

[HCWS547]

Oral Answers to Questions

Brandon Lewis Excerpts

Wednesday 30th September 2020 Commons Chamber

[Mr Mark Harper (Forest of Dean) (Con)]

What progress his Department has made on ensuring unfettered access to the internal market for goods moving between Northern Ireland and Great Britain after the end of the transition period.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

We have committed to delivering unfettered access for Northern Ireland businesses to the whole UK market. We continue to discuss our approach to the protocol with the European Union, and we have put in place a safety net to ensure that qualifying goods do not face exit procedures upon leaving Northern Ireland for the rest of the UK, delivering our promise of unfettered access.

[Mr Harper]

I am grateful to the Secretary of State for that answer, and I welcome the UK Internal Market Bill being passed by the House, because it does indeed put in place the benefit for Northern Ireland businesses that he describes. Can he say a bit more about how businesses based in my constituency, for example, can export to Northern Ireland without restrictions and how we will ensure that businesses and constituents in Northern Ireland get unrivalled access to the whole United Kingdom market?

[Brandon Lewis]

My right hon. Friend makes a good point. There is a difference with businesses in Great Britain trading with Northern Ireland. We are determined to give them the certainty that they want and need. That is an important part of delivering on the protocol, which says that it

“should impact as little as possible on the everyday life of communities”.

That means ensuring good free trade. The protocol makes it clear that there will be some changes for goods movements into Northern Ireland from Great Britain. We are consulting businesses in Northern Ireland and working with our partners in the European Union to deliver on that, and there will be a slimmed-down Finance Bill that includes all the commitments we have made to the people of Northern Ireland that are outstanding at that point.

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

I echo the comments made by the right hon. Member for Forest of Dean (Mr Harper). Our concern is also about goods travelling from Great Britain to Northern Ireland, and that includes products used in the manufacturing process for goods that are then sent back to Great Britain. Can the Secretary of State assure us that the Finance Bill will contain specific definitions in relation to goods that are not deemed at risk that are for consumption exclusively in Northern Ireland or are part of the manufacturing process in Northern Ireland?

[Brandon Lewis]

The right hon. Gentleman makes a good point. At the heart of our approach is our determination to ensure that trade flows freely, so that businesses trading in and with Northern Ireland can continue to trade properly. We will make full use of the provisions in the protocol to deliver on that, and we will continue to discuss this with the European Union. As I say, there are still issues that we are discussing as part of the free trade agreement and through the specialist Joint Committee, but we will ensure that all the commitments made by myself, the Prime Minister and other colleagues at the Dispatch Box are delivered through a slimmed-down Finance Bill later this year.

[Sir Jeffrey M. Donaldson]

My hon. Friend the Member for Upper Bann (Carla Lockhart) and I have been meeting businesses in the agrifood sector, and they are particularly concerned about the definition of qualifying businesses and qualifying goods for the purposes of the movement of goods from Northern Ireland to GB and vice versa. I understand that the Government are preparing a statutory instrument on that. Can the Secretary of State update us on the progress made to bring about such a definition?

[Brandon Lewis]

Yes. The withdrawal agreement includes provision for the Government to define the qualifying status for goods and businesses in Northern Ireland, as part of ensuring that they benefit from unfettered access. We are also engaging with businesses, as the right hon. Gentleman and his colleagues are. I have been engaging with businesses—and will do so again later today—in Northern Ireland and with the Executive to work through the means for delivering that qualifying status. There will be an ability for us to deliver that, and we will do it by secondary legislation under the withdrawal Act before the end of the year.

[Kirsten Oswald (East Renfrewshire) (SNP)]

Just like their counterparts in Kent and Scotland, Northern Irish businesses need clarity on the looming post-Brexit reality. The Secretary of State must know that the last-minute shambles of the Internal Market Bill delivers the exact opposite and fails to provide much-needed reassurance. Does he appreciate the damage that this lack of clarity is doing to Northern Irish businesses?

[Brandon Lewis]

Northern Ireland businesses responded very positively to the Command Paper and the guidelines we set out earlier in the summer. The UK Internal Market Bill delivers on that and on the key objective of guaranteeing unfettered access. I think it is a bit rich for the hon. Lady to talk about this. We are delivering unfettered access—something the SNP wants to block by putting another border between Scotland and the rest of the UK.

[Sarah Atherton (Wrexham) (Con)]

What discussions he has had with Cabinet colleagues on the potential effect of the UK Internal Market Bill on Northern Ireland's place in the Union.

--- Later in debate ---

[Chris Stephens (Glasgow South West) (SNP)]

What recent discussions he has had with Cabinet colleagues on the potential effect of the UK Internal Market Bill on the Good Friday Agreement.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

This Government will always make sure that the Belfast Good Friday agreement is protected. I speak regularly with my colleagues on that very issue. We will not allow anything to shake our steadfast commitment to it.

[Chris Stephens]

I thank the Secretary of State for his answer. He will be aware that the Good Friday agreement encourages co-operation across the island of Ireland, including in security. He will know that, last week, the Northern Ireland Minister for Justice said that, to prepare fully, she needed clarity on negotiations and on the delivery of the protocol. What guarantees can he give us that the vital sharing of intelligence and information will continue after Brexit?

[Brandon Lewis]

As I am sure the hon. Gentleman will appreciate, the co-operation has been shown to work exceedingly well, as we have seen in the past few weeks with the quite phenomenally successful operation between the Police Service of Northern Ireland and its partners in the Garda in arresting terrorists. That operation highlights how well that co-operation works on the ground. Obviously, we are very keen to ensure that that kind of co-operation continues after we leave the European Union, and I know that our partners are keen on that as well.

[Andrew Griffith (Arundel and South Downs) (Con)]

What recent discussions he has had with businesses in Northern Ireland on the recovery of the Northern Ireland economy from the effects of the covid-19 outbreak.

--- Later in debate ---

[Kevin Brennan (Cardiff West) (Lab)]

What recent representations he has received on the implementation of the Northern Ireland protocol.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

We continue to engage regularly with stakeholders from across Northern Ireland and beyond on the implementation of the protocol. We have heard loud and clear the need for further clarity and certainty to ensure that we are all ready for the end of the transition period. Some of the steps we have taken over the past few months are about delivering on that. We are committed to implementing the protocol, as our recent work on the sanitary and phytosanitary checks, for example, highlights. We have been working hard to ensure that this is done in a way that delivers in full on our commitments to the people of Northern Ireland, including our commitment to deliver unfettered access to Northern Ireland businesses to the whole UK market.

[Kevin Brennan]

I am not sure that the Secretary of State told me what representations he had received, which is what I actually asked. He conceded earlier that there will be some changes to the movement of goods as a result of the protocol. Can he tell us what that will look like in practice, because that is the clarity that businesses want?

[Brandon Lewis]

I thought that I had actually answered the hon. Gentleman’s point. I am meeting businesses on a regular basis. The business engagement forum talks to businesses across a range of sectors in Northern Ireland. In fact, only this afternoon, I will be meeting more business representatives in Northern Ireland to talk about a range of issues—not only recovery from covid but delivering on the protocol and what happens after the end of the implementation period. What these businesses have consistently wanted is certainty about unfettered access, which the United Kingdom Internal Market Bill delivers. We will continue to focus on seeking an agreement through the specialist Joint Committee and through the free trade agreement to deliver that. We have also been clear that there will be some checks—particularly, for example, SPS checks for live animals and agrifoods. We are delivering on that with the Northern Ireland Executive. These checks are building on the checks that have been in place since about the 19th century. We are determined to deliver in a way that works for people and businesses in all communities in Northern Ireland.

[Stephen Farry (North Down) (Alliance)]

The businesses of Northern Ireland urgently need to see the detail on the border operating model down the Irish sea. This was promised previously by the Chancellor of the Duchy of Lancaster by the end of July. It is not essential that we see the outcome of the Joint Committee, so can the Secretary of State clarify when that will be published, because it is so urgent?

[Brandon Lewis]

I appreciate the hon. Gentleman’s point about businesses wanting as much certainty as they can get. We are still working through things with the specialist Joint Committee, but we are also engaging with those businesses. As I say, we are having regular weekly meetings with businesses—a range of businesses—across Northern Ireland to ensure that we deliver what works best for those businesses in Northern Ireland.

[Robbie Moore (Keighley) (Con)]

What progress his Department has made on the implementation of the proposals in the “New Decade, New Approach” document published in January 2020.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

Despite the need to focus on covid-19, quite rightly, good progress has still been made in a number of areas in delivering on the new decade, new approach agreement. We have been releasing money from the £2 billion of funding set in the deal, changing the family migration rules for the people of Northern Ireland, holding the first joint board meeting, announcing the appointment of a veterans commissioner and, indeed, setting out our intentions for marking the centenary of Northern Ireland next year.

[Robbie Moore]

I welcome the tremendous progress that my right hon. Friend has made in delivering on the new decade, new approach deal, including appointing a veterans commissioner, as he has just pointed out, but also holding the first meeting of the joint board. Does he agree that this demonstrates that the deal signed earlier this year is working well?

[Brandon Lewis]

Yes. My hon. Friend makes a very good point. The deal is a good example of ensuring that the Northern Ireland Executive are able to function and flow. They have worked very well through the difficulties and the challenges of the covid period, and they continue to work well. It is good to see all five parties working across the Assembly and across the Executive to deliver for people right across all communities in Northern Ireland.

[Simon Hoare (North Dorset) (Con) [V]]

Covid and Brexit are of course the headline acts—my right hon. Friend is right—but the NDNA cannot be forgotten. The Government response to our Northern Ireland Affairs Committee report was, possibly understandably, thin. Can he assure me that delivering the NDNA in full has his energy and commitment, because he knows how important that agreement is for progress and peace?

[Brandon Lewis]

Yes. My hon. Friend makes a very good point. He is absolutely right about delivering on that in full both in the legislation we will need to pass in this House, which we will bring to this House in due course, and in making sure that things are being delivered across the NDNA—whether the independent fiscal council, which I have spoken to both the First Minister and Deputy First Minister about, or continuing the joint board meetings, the leaders meetings and the whole range of things that we need to do. Working together, these are the issues I discuss with the First Minister and Deputy First Minister, generally on a weekly basis at least, to make sure that we continue to deliver.

[Tonia Antoniazzi (Gower) (Lab)]

What discussions he had with Northern Ireland political parties prior to the publication of the United Kingdom Internal Market Bill.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

We are committed to working closely with the devolved Administrations. I want to thank the Executive for their engagement to date, including their response to our consultation on the Bill. I can confirm that I did speak to Northern Ireland’s party leaders about the UKIM Bill ahead of its introduction, and I look forward to continuing to engage with the Executive as we progress towards the end of the year.

[Tonia Antoniazzi [V]]

Given that the leading member of the United States Congress, the Democrat nominee for President, the Trump-appointed special envoy to Northern Ireland, the Irish Government, the Lord Chief Justice of Northern Ireland and three of the five parties of the Executive have all condemned the Secretary of State’s juvenile law-breaking boasts in this House, does he now accept that he has done more harm than good?

[Brandon Lewis]

I would just respectfully say that the hon. Lady may want to have a look at exactly what I said in this House, which was giving a straight answer to a very direct, straight question and making a statement of the position. It is a position that will ensure that this Government deliver on our overriding promise to deliver unfettered access for Northern Ireland businesses and ensure we are protecting the Good Friday agreement.

[Mary Kelly Foy (City of Durham) (Lab)]

What steps he is taking to help ensure that Northern Ireland legacy investigations proceed on the basis of cross-community support.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

The Government have been clear that we will bring forward legislation to address the legacy of the troubles, which focuses on reconciliation, delivers for victims and ends the cycle of investigations that have failed both victims and veterans alike with vexatious claims. We are committed to making progress on this and, indeed, to engaging with the Irish Government, the Northern Ireland parties and stakeholders from across the community on this issue.

[Mary Kelly Foy]

The Stormont House agreement was agreed by the overwhelming majority of political parties in Northern Ireland, was endorsed by the British and Irish Governments and had cross-community support. Will the Secretary of State recommit to the principles of Stormont House and reconfirm the central involvement of victims’ groups in any legacy proposals?

[Brandon Lewis]

Yes, as I outlined at the time of the written ministerial statement, we absolutely do follow through and we intend to follow through on the principles of Stormont House. It is hugely important that we are all working with all communities, and particularly the families and the victims who suffered so much through the troubles. I was so pleased that we are finally seeing the victims’ payment scheme going forward. It is a hugely important step for all those people in Northern Ireland.

[Colum Eastwood (Foyle) (SDLP)]

Some Members of this House want an amnesty for veterans who served in Northern Ireland. In 1976, Majella O’Hare, who was 12 years old, was walking with her friends to church. She was shot twice in the back, and killed, by a British paratrooper. Does the Secretary of State believe that that paratrooper should be immune from prosecution?

[Brandon Lewis]

The hon. Gentleman will know that I am unable to comment on any particular cases, but we all recognise the sensitivities, difficulties and complexity of all the issues that come through the troubles, which people in Northern Ireland have been dealing with for a very long time. We have made a commitment through NDNA, and as I did in the written ministerial statement earlier this year, to find a way to work through this, working with all parties and all communities in Northern Ireland, and we are still determined to deliver on that.