(8 months, 2 weeks ago)
Commons ChamberFirst, let me say that the Bill’s objective is supported by our party, as it should be by all reasonable people across the UK. The impact that illegal immigration has had on communities across the UK, be it in terms of the pressure it puts on schools, the health service, housing and other public services, or in terms of crime and the rewards it gives to criminal gangs, means that there is a duty on this Government to address this issue. The question is: does the Bill actually do that?
We have heard many speeches today, with some talking about the Bill’s inadequacies, others saying how important it is and others saying that it is only a political ploy in any case. Although similar Bills have been brought to this House and Rwanda has been talked about, we have sent Ministers and money there, but no migrants. That is because we have not learned from the flaws in the previous Bills.
Those flaws still exist in this Bill, because the Government are trying to get to a balance that includes the views of the lawyers who sit in the corner of the Conservative Benches and lecture us all about comity, responsibility and using powers responsibly. If they were using powers responsibly, the first thing they would do is live up to their manifesto commitment to deal with the problem and pay heed to the people who are negatively impacted by illegal immigration.
It is fine to talk in grand terms about the legal procedures and to give us lectures on comity, the balance between Parliament and the courts, and everything else. That does not rank too much with people who cannot get their youngsters into a school or the support from the health service that they require, or who find that wages locally are being driven down or rents are being pushed up. It is for that reason that I think the Government have introduced a Bill that, while it has a fine aim, does not reach the objectives that they have set out.
The one thing that has been missing from the debate today is the impact that the Bill is likely to have on Northern Ireland. Northern Ireland is different. This House voted to leave Northern Ireland under the control of the European Union, through the Windsor framework and the Northern Ireland protocol, and we are under the remit of the European Court of Human Rights as a result of the Belfast agreement, which the Government are happy to change when it suits them but say they cannot change when it does not suit them. The fact of the matter is that the Bill does not deal with the issues that need to be dealt with if we are to attack the legal arguments that illegal immigrants use to stay in the United Kingdom.
Does the right hon. Gentleman remember that in 2016, on the BBC’s “Spotlight” programme, a constituent said to him that they were seeking to “get the ethnics out” and he appeared to say, “You’re dead right”? Is that why he is so supportive of the Bill?
First of all, that is inaccurate—I did not say that. Secondly, this is all about the United Kingdom safeguarding its own borders and dealing with the kinds of issues that need to be dealt with, including in Belfast. Despite what people may think and what the Secretary of State said from the Dispatch Box, Northern Ireland is greatly impacted by the issue. Belfast is the second city of the United Kingdom when it comes to the number of immigrants being housed per head of population, and that is causing all kinds of problems. If the hon. Lady wishes to ignore the concerns of her constituents, that is fine, but I want to address them.
As it stands, article 2(1) of the charter of fundamental rights of the European Union applies in Northern Ireland, and the High Court has recently judged that that is grounds for people who wish to remain in the United Kingdom, having entered illegally, to bring a case. Certain aspects of European law are removed by the Bill, but not that one. Without a change to the charter of fundamental rights, Northern Ireland will be a gateway, because all the arguments that the Government are hoping to disapply will apply in Northern Ireland.
Of course, the European Court of Human Rights is embedded in the Belfast agreement. The Bill does not deal with that, so all the arguments used under the European Court of Human Rights will apply in Northern Ireland, and the European Court of Justice will be able to make a judgment as to whether the requirements of the European Court of Human Rights and the charter of fundamental rights are being applied when people make their case. What will be the impact of that? First, it will make Northern Ireland a magnet for people who might find that the route to staying in the United Kingdom is blocked, but in Northern Ireland it will not be, because we will still be under EU immigration rules, and the European Court of Justice can make the judgment. Secondly, if those people decide that they do not want to remain in Northern Ireland, with the free movement from Northern Ireland to the rest of the United Kingdom and, indeed, with the common travel area, they could move into the rest of the United Kingdom. If that becomes a large number of people, will we then have people barriers between Northern Ireland and the rest of the United Kingdom? These are issues that have either not been considered by the Minister or have been wilfully neglected, and for that reason, we cannot support this Bill.
(1 year, 1 month ago)
Commons ChamberAs the Secretary of State has said, tonight’s debate and the Bill are simply to allocate money, which we have already decided on in previous debates, to various Departments. Although I made a promise to the Minister of State when we discussed this on Thursday that we would try to stick to the debate on the budget and try not to wander into the Windsor framework, Brexit and the Northern Ireland protocol, the issue of—
The promise actually was broken by the Secretary of State. It was a two-sided promise: that would not be raised by Ministers, who would be sensitive to the issue, knowing what our answer to these issues are and, in turn, we would stick to the budget debate. That promise has not been kept, so it would be remiss of me not to make it clear, as has been made clear by my party leader in an intervention, that we want to see the Executive up and running, but there are rules for the working of the Executive. There are important safeguards for the Executive to work: the views of both communities have to be respected, accepted and reflected in the decisions made in the Executive and in the decisions made by the Executive.
As things stand, with the protocol and the framework, there will still be a requirement for foreign law to be imposed in Northern Ireland and for Ministers of a Unionist disposition to operate that system—a system that the Government, even in the Windsor framework discussions, indicated would lead to divergence between Northern Ireland and the rest of the UK. A paltry safeguard of the Stormont brake was put in but, even if it worked, it still would not stop Northern Ireland becoming further away from the rest of the UK because of decisions made in this House about laws that would affect the United Kingdom, excluding Northern Ireland.
I have to say to the Secretary of State that, while that situation pertains, he cannot ignore the requirements of the law in Northern Ireland. The views of both communities must be reflected, accepted and implemented in the Executive and the Assembly. If that does not happen, they cannot function because we do not have the basis for agreement and for decisions being made.
It is debatable, of course, but we can talk about the Executive, up and running, being able to decide and resolve some of the issues that have been talked about here today. As I go through my speech, I point out that the Executive, its implementation and existence is not essential to deal with some of the fundamental issues that have given rise to the budget problems that Northern Ireland is facing.
I wish to make two points, the first of which is about the impact of the budget on services in Northern Ireland. Like the SNP spokesperson, the hon. Member for Gordon (Richard Thomson), I do not want to go through every Department but, as this has been raised by two or three speakers already, one of the starkest indications of the budget problem we have in Northern Ireland is to be found in education. There will be a 2.8% reduction in education spending in Northern Ireland, while in England there will be a 6.5% increase. That will affect the aggregated schools budget: the amount of money that goes to individual schools. It will particularly affect youngsters with special educational needs because, of course, as has been said, the easiest things to cut are things like classroom assistants. Of course, spending on classroom assistants and support for people with special educational needs is to be cut by 50%. There are already 11,000 children diagnosed with special educational needs who will be affected, and there is a waiting list of 400 children who have not even been placed, so we can see the ongoing problem and the problems we will build up over the years because of the cuts in the education budget. I could also talk about aspects of the education budget that are designed to help youngsters from deprived backgrounds, such as measures on school meals that were introduced by the Minister from my party. They will have to be reduced as well, which again tends to affect children from the most disadvantaged areas.
Let us take the other example, which has also been mentioned. I served for some time on the Northern Ireland Policing Board. Policing is important for any community, and it is particularly important in Northern Ireland because of the ongoing terrorist threat, the problem of paramilitaries and the terror gangs and criminal gangs associated with them, and the impact that has on communities. New Decade, New Approach made a commitment to have 7,500 officers, yet the figure is set to fall to about 5,700 officers. In the next two years, 850 officers are going to retire. The money is available to recruit only 204, so the situation will get worse and worse in terms of police officer numbers, which will fall below the commitment made on how many are required in Northern Ireland.
I think the point that I made was an indication of that. It is not just about getting money so that we can spend it willy-nilly and not care about how it is spent. It must be spent in the best way possible. If we take education in Northern Ireland, for example, we have five different sectors, and in some cases a surplus of desks and, therefore, unnecessary schools that could be closed, amalgamated or whatever. The irony of this—this is where I take issue with some of the decisions by the Northern Ireland Executive—is that one of the last acts that the Assembly undertook was that, despite the surplus of places in existing schools in Northern Ireland, special provision had to be given to opening new schools that had “Integrated” above the door. This was despite the fact that there are stacks of schools that do not have “Integrated” above the door, but that are more integrated than some integrated schools. That will result in additional pressures on the education budget. I am not so sure that some of the decisions made by the Executive on how the money is spent are always the best.
There is one in the area of education and in the area of health as well. I know I am going to incur the ire of some of my own colleagues, and maybe some other hon. Members, by saying this, but in Belfast we have four major hospitals. Four major hospitals for a city of—what? Some 300,000 people? Are there really not better ways of spending that money to ensure proper health provision? Yet we spend it—[Interruption.] And that is exactly the debate that has to be had.
Does the right hon. Gentleman acknowledge that the Bengoa report outlined how we could tackle that reform and get ourselves to a more sustainable delivery, but that the Assembly has been collapsed for, I think, four of the six years since that that report was delivered, and that only way we can deliver those reforms, necessary as many of them may be, is in a restored Executive?
That is the whole point. Ministers have had the Bengoa report, as the hon. Lady says, for years. They have never acted on it. Indeed, some of the health reforms that were acted on and some of the politically difficult changes that were made in Health were made by a DUP Minister. We have given the lead on trying to deal with some of the spending issues. However, even with those savings, there are still the issues of fairness, of whether the Budget is sustainable, and of why we are not implementing in Northern Ireland the kind of budget reallocations that are implemented in other parts of the United Kingdom.
We will find the issues arising from this budget coming back to the Floor of this House time and again, because Departments are not going to be able to work within the existing budgets. Furthermore, since the Minister indicates that the Barnett consequentials that should be coming through will not come through this year because of the overspend in previous years, when it comes to the payment of nurses, teachers and so on, there will be greater pressures on the budgets of various Departments across Northern Ireland. I do not know whether those are reflected in this budget. That is why it must be accepted that, until the Government are prepared to look at measures that create the grounds for the formation of the Executive again, this issue will rest with the Secretary of State and he will have to take responsibility for it.
(1 year, 5 months ago)
Commons ChamberAs the hon. Member for North East Hampshire said, a tax-free allowance provides much more flexibility in the system, and I agree that that would have been a better way of dealing with the issue.
I will not give way again, because I have spoken for nearly seven minutes, and I want to make one or two points before I finish my speech.
There are many other measures in the Budget that I want to mention, such as the tax-free zones for industry and the changes in the system of licensing for medicines. Has the Chancellor considered whether those measures can apply to Northern Ireland? Given that, even after the Windsor framework, we are still subject to EU law and EU state aid laws in Northern Ireland, I fear that when we try to apply the measures, we will find that the EU is once again able to interfere in the affairs of the United Kingdom by preventing them from benefiting Northern Ireland as a whole.
I had further points that I wanted to make, but as many other Members want to speak, I will make just one last point. Reductions in VAT for the hospitality sector—this also applies to corporation tax—are very important in Northern Ireland, because we have a land boundary with another country where corporation tax and VAT rates are lower. Without changes in those two measures, we are placed at a competitive disadvantage.
(1 year, 6 months ago)
Commons ChamberWould the right hon. Gentleman mind saying what he thinks the specific impact will be on the dairy industry, and the many producers that sell about a third of their milk to the Republic of Ireland? What would be the environmental impact of having to dispose of a third of the milk produced in Northern Ireland? Where would that be sold if we did not have our privileged access to the single market?
The hon. Member should think about the issue the other way around. What would be the impact on the food industry in the Irish Republic if the EU and the Irish were so bold and so stupid as to cut off a third of the milk that they need to make cheese, butter and everything else in the factories there? There are always ways of working around these issues. There is an idea that, somehow or other, if we do not conform to EU law, we cannot trade with the EU. America does not conform to EU law; it does not have EU laws imposed on it. China does not have EU laws imposed on it, but it can trade freely, and its trade with the EU is worth billions. Of course there are ways of addressing the issue.
(2 years, 1 month ago)
Commons ChamberFirst, as the Opposition spokesman, the hon. Member for Hove (Peter Kyle), seems to be very sensitive about any comments I make about his past voting behaviour, may I confirm that yes, of course, he walked through the Lobby with us in opposition to the withdrawal agreement? I am not so sure that his main motive was his objection to the Northern Ireland protocol. I suspect that the evidence since that date, the full support the Labour party has given to the protocol and its ignoring of many of the concerns that Unionists have probably confirm my view, and that of most people in Northern Ireland, that regardless of the initial trip through the Lobby in this House, the Labour party supports the protocol. Indeed, its amendments today would seem to indicate that it opposes any attempts to do away with the protocol. I hope that that is a sufficient assurance to him as to my position on his stance.
I want to deal with the three main amendments that have been debated today. The first is amendment 44 to clause 7, in the name of the hon. Member for North Down (Stephen Farry). It is, no doubt, an attempt to ensure that the process and the concept of dual regulation never takes place. Yet what is the purpose of clause 7? It is threefold. First, it is to ensure that the democratic deficit that exists in Northern Ireland is wiped out. That deficit relates to the EU regulations and laws currently on the statute book as a result of annexe 2 of the protocol and the prospect of any of those 82 pages of laws being changed in the future. Those changes would apply to Northern Ireland without any say from this House, the Northern Ireland Assembly or the business community in Northern Ireland, whether they were detrimental or not.
For the life of me, I cannot see how the continued imposition of that part of the protocol is to the advantage of Northern Ireland. Indeed, I note that some who are opposing the Bill are doing so on the basis that the regulations provided for in the Bill would be implemented by Ministers here, without reference, they say, to the Northern Ireland Executive or Assembly. It seems okay for EU laws to be imposed upon Northern Ireland without any say, but it is an “affront to democracy” when UK Ministers impose regulations on their own country. One has to look at the motives of those who are opposing this clause and ask: are they and do they continue to be the agents of the EU, wishing that we could remain in the EU, even knowing that the people have voted not to remain in the EU? They are trying to circumvent the wishes of the people of the United Kingdom.
Secondly, these regulations apply by and large to firms that will never trade with the EU. Some 95% of firms in Northern Ireland do not do any trade with the EU, yet they are required under the protocol to abide by EU regulations. This Bill genuinely gives the best of both worlds to firms in Northern Ireland, because those that do not trade with the EU will now be freed from having to abide by costly EU regulations, which may even be detrimental to their business.
At the same time, those that wish to trade with the EU will be able to volunteer to accept EU laws, even though those EU laws have not passed through the Northern Ireland Assembly or been subject to scrutiny. Regardless of the fact that those laws have not been scrutinised, or that they may have detrimental effects, they will volunteer to comply with the regulations. If that is the case, that addresses the concern expressed by the hon. Member for North Down and others—here again, the hon. Member for Hove is wrong—[Interruption.] I think the record will show that the hon. Member did say that businesses would be forced to adopt those regulations. No one will be forced to adopt them. They will make a commercial decision: do I wish to trade with the EU? If I do, I will volunteer to comply with the regulations.
One of my arguments about the Bill is that the clause on dual regulation is probably unnecessary. If a firm decides to trade with another nation, by definition it will have to apply the regulations that are required to sell goods in that country. There is no need for a firm such as Caterpillar in my constituency, which sells generators to Africa, China and America, to adopt dual regulation with the countries to which it sells the generators. It simply makes sure that it adopts and includes the relevant regulations when producing its products, because otherwise it could not sell in those countries. Nevertheless, the Government have decided to include this measure, to give an assurance to the EU that firms that trade from Northern Ireland into the European Union via the Irish Republic will be compliant with EU regulations. They will make that decision. People talk about the Government not honouring the protocol, but this is another way in which they have sought to honour an objective of the protocol, namely that the EU single market will be safeguarded. It will be safeguarded because firms will make a conscious decision to abide by the regulations, whether they are manufacturing chairs, sofas, beds or milk.
I am very touched by the concern that the hon. Member for North Down has for the agriculture industry. I wish he would transfer that concern to some of the climate zealots in his own party, who are demanding that we stop eating beef, drinking milk and using dairy products, and that laws are passed to ensure that people cannot enjoy the kind of sunny day we are experiencing today. I wish only that his concern for the farming industry in Northern Ireland was as consistent as he claims it to be, because I do not think it is. Indeed, some of the climate policies that his party has been promoting in Stormont would have devastated the beef industry, the pig industry, the sheep industry, and the dairy industry in Northern Ireland.
Amendment 13 would require a report on dual access. Substantial information is produced on trade across the border. That is why we know that only 0.4% of EU trade comes through Northern Ireland—we have the statistics. That is how we know that only 5% of businesses sell to the Irish Republic, and that five times more of our exports go to GB than to the Irish Republic. There is already extensive reporting, so I do not know why there is any need for further reports. There also seems to be concern about the impact that the measure would have on the European market. Well, I think the role of this Government is to protect the UK market, not to have concerns about what happens in the EU market. The EU can look after its own market—we have left it—and decide what is good or bad for it. This Government do not have a job to promote the EU market; they do have a job to protect and promote the UK market.
Amendment 14 would require that the North South Ministerial Council debate the regulations and come to a conclusion, and then that that conclusion be reflected and supported by the UK Government and the Joint Committee. There are two fundamental flaws in this. First, the North South Ministerial Council does not have a role in dealing with issues that are reserved matters here at Westminster; it only has a role in dealing with those aspects that are under the remit of the devolved Assembly in Northern Ireland and the Irish Government. So this would extend the role and the remit of the North South Ministerial Council by allowing and requiring it to comment on issues that are reserved to the United Kingdom Government. Secondly, the United Kingdom would then be required to reflect and support the view of the North South Ministerial Council. Let us not forget that although people talk about the all-Ireland economy, the Irish Government are in competition with the Northern Ireland economy and with the UK economy. How can we reasonably expect something that may be agreed at the North South Ministerial Council that may be detrimental to the UK economy to be supported by UK Ministers?
Does the Member acknowledge that the North South Ministerial Council, when it is not being held to ransom, is already a consensus-based forum, and that our amendment speaks to proposals agreed there that would therefore be agreed by his party? Does he not understand how hollow the words about respecting the Good Friday agreement in all its parts sound when a vital part of it, strand 2, is denigrated in this way? Does he further acknowledge, as his party leaders have done, that there are potential mechanisms within strand 2 of the agreement and within the North South Ministerial Council that can give voice to Northern Irish interests?
That brings me to my next point—that introducing reserved matters to the North South Ministerial Council would mean that the controversies that have currently stopped it working, and stopped the Northern Ireland Assembly working, would be imported into the North South Ministerial Council so that we would not get the kind of agreement that the Member talks about. Amendment 14 would reinforce the impact that the protocol has had on the current institutions of the Belfast agreement and bring them into the remit of the North South Ministerial Council in future.
New clause 15 goes down the same route of introducing an input for the North South Ministerial Council, and another barrier to the introduction of dual regulation in the Bill, by requiring that the Executive endorse the arrangements—and in a way that, as we have heard, would exclude Unionists because the SDLP has now adopted majoritarianism with regard to the Northern Ireland Assembly.
A comparison was made with Brexit. Brexit was a majority decision. It was not a majority decision in Northern Ireland; it was a majority decision of the people of the United Kingdom as a whole. A referendum was held across the whole of the United Kingdom and it was binding in all parts of the United Kingdom, regardless of pockets where there was a majority for Brexit or a majority against it. If we had gone down the route of consensus on a referendum as suggested by the SDLP—which would of course be impossible—then what would we have done about London or other pockets across the United Kingdom? We cannot make that comparison between the dealings of this Bill regarding the arrangements within the Assembly and a referendum vote.
I hope that the Committee will accept the points I have made and will not vote in favour of those amendments.
(4 years, 7 months ago)
Commons ChamberMy hon. Friend illustrates once again the potential unforeseen consequences.
Our amendments have the support of all the political parties in Northern Ireland, such is the degree of concern about the impact on the Northern Ireland economy. We could support Labour’s amendment 1, but it does not go as far as we would like. We already know from the Government’s own assessment that there will be impacts on the Northern Ireland economy, and while amendment 1 asks for a picture at a particular time, new clause 55 asks for a moving picture over a period of time, with independent assessments on a year-to-year basis of the impact of the Northern Ireland protocol on the Northern Ireland economy. That is as important as the assessment proposed in amendment 1.
I thank the right hon. Gentleman for giving way. I regret that in the two hours allocated to speak about the Northern Ireland protocol, he is the only representative of Northern Ireland who will be allowed to speak on the substantive amendments we have tabled on north-south co-operation, the environmental impact and democratic oversight. That will contribute to the very real feeling that Brexit, and this form of Brexit, is being forced on Northern Ireland, which has never given its consent.
People will appreciate that the right hon. Gentleman and I come from very different perspectives, but all the Northern Irish parties and all the business community have worked together on our common interests, because they are so vital to protect businesses and consumers, who cannot absorb the costs of this Brexit. Does he agree that if the Government mean anything they say about protecting Northern Ireland and the assurances they have given on unfettered access and non-tariff barriers, they should at a minimum accept new clause 55?
Yes. New clause 55 is very reasonable. It asks, first, for a 12-monthly assessment of the impact of the protocol on Northern Ireland; secondly, that if there is divergence in trade policy, the administrative costs of the impact should not be borne by the private sector in Northern Ireland; and thirdly, that it is done independently, to ensure that the true costs are not glossed over. It is a very reasonable new clause, adding to Labour’s amendment 1, and I hope that the Government will accept it. They want to give an assurance that they do not want there to be a detrimental impact on Northern Ireland. The only way we will know whether the terms of the protocol are having an impact on Northern Ireland is to make a regular assessment of the protocol, the regulations enforced as a result of it and the costs.
Our first set of amendments would require the Government to define unfettered access on the face of the Bill and would oblige Ministers and devolved Administrations to ensure that unfettered access. The second set is about representation on the Joint Committee. It will be a powerful Committee, and therefore it is important that there is Northern Ireland representation on it. The third set is on consultation with the Northern Ireland Assembly. I have already said to the Minister in an intervention—