Northern Ireland Protocol Bill

Jeffrey M Donaldson Excerpts

2nd reading
Monday 27th June 2022 Commons Chamber

[Mr Lammy]

I will not at the moment.

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

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

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

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

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

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

[Mr Lammy]

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

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[Simon Hoare]

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

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

[Sir Jeffrey M. Donaldson]

Will the hon. Gentleman give way?

[Simon Hoare]

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

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

[Sir Jeffrey M. Donaldson]

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

[Simon Hoare]

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

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

I welcome the opportunity to speak on Second Reading of this very important Bill. At the outset, it is important to make the point to all right hon. and hon. Members that this is not simply another Brexit-related Bill. Nor is it a technical Bill to remedy problems that have arisen since January 2021, albeit that it will have that effect.

Fundamentally, the Northern Ireland Protocol Bill seeks to finally and fundamentally reset and restore Northern Ireland’s relationship with the rest of the United Kingdom, given the devastating impact of the protocol on the economic, constitutional, social and political life of Northern Ireland over the past 18 months. Many in this House will remember our opposition to the protocol, and it is an honour to follow the former Prime Minister, the right hon. Member for Maidenhead (Mrs May). She rightly flagged up our opposition from the outset to the protocol. It gives me no pleasure to say that we warned that it would be bad for Northern Ireland and that it would not work. That assessment has been more than borne out in reality.

The Northern Ireland institutions were restored in January 2020. The former Secretary of State, the right hon. Member for Skipton and Ripon (Julian Smith), is in his place and he was very much involved in bringing about the New Decade, New Approach agreement. At the heart of that agreement was a clear commitment by the UK Government to protect Northern Ireland’s place within the UK internal market, and that it would be respected. On that basis, my party re-entered power sharing.

We kept our side of the bargain and we were patient. We waited and waited for the Government to take action to protect our place in the internal market. The Secretary of State for Northern Ireland did refer to measures to be introduced to the United Kingdom Internal Market Act 2020 that would have at least partly dealt with the problem, alongside other measures to be proposed to a Finance Bill, but those measures were not brought forward, so still we waited.

Last July, when I became leader of the party, I warned that if the Government failed to honour their commitment in New Decade, New Approach, we would have a real difficulty, because the consensus that is essential to ensure that power sharing is maintained in Northern Ireland is being undermined.

[Simon Hoare]

The right hon. Gentleman has not said anything up to now that is any way factually challengeable. On the presumption that the Bill secures its Second Reading this evening and begins its parliamentary progress, in the interest of serving those people in Northern Ireland who look to the Executive and Stormont to meet their daily needs, will he instruct his party colleagues who are MLAs to return to the Executive, get it back up and running, discharge their democratic duty, and serve all the communities in Northern Ireland?

[Sir Jeffrey M. Donaldson]

I will come to that point, but I simply ask the hon. Gentleman: if I were to do that, would he then support the Bill? I heard nothing in his contribution to suggest that he would.

Last July, I made it clear that:

“The Irish Sea Border is not just a threat to the economic integrity of the United Kingdom, it is a threat to the living standards of the people of Northern Ireland”,

and so it has proven. The impact of the additional cost of bringing goods from Great Britain to Northern Ireland is contributing to the cost of living situation in Northern Ireland. It is driving up the cost of food in our supermarkets, it is driving up the cost of manufacturing, and it is making it difficult for businesses to operate effectively.

[Bob Stewart]

Further to that point, it seems that the people of Northern Ireland sometimes cannot get goods from Great Britain. Manufacturers here are not sending them to Northern Ireland, because of the additional burden of trying to get them there.

[Sir Jeffrey M. Donaldson]

The right hon. Gentleman is absolutely correct. Many of my constituents, and those of my right hon. and hon. Friends, have experienced that as consumers and businesses. This is about not just businesses, but every citizen of Northern Ireland.

It is also about the democratic deficit. My Members, who were elected to the Northern Ireland Assembly and are Ministers in the Executive, are expected to preside over the imposition of regulations over which they have no say. They have no democratic input into how those regulations—the ones that regulate how we trade with the rest of our own country—are put in place. How can any hon. Member defend a situation where part of this United Kingdom is treated in such a way that its elected representatives have no say in many of the laws that regulate our trade with the rest of the United Kingdom? That is simply unacceptable and it is part of the problem.

[Karin Smyth]

I agree with the right hon. Gentleman, as I have said in this place many times, about aspects of the Joint Committee. This Bill that he is agreeing with, however, similarly gives absolutely no power to anybody in Northern Ireland—him, his party or anybody else— but gives it all to the Secretary of State. On that basis, how can he support it?

[Sir Jeffrey M. Donaldson]

If enacted, the Bill will restore confidence in Northern Ireland, will restore the consensus essential to operate power sharing, and will therefore give back to the elected representatives in Northern Ireland the power to take the decisions that they have not been able to take.

I also say to the House that it is a bit rich to hear hon. Members arguing for devolution and the restoration of power when this House, on a number of recent occasions, has overridden devolution and the Northern Ireland Assembly and has enacted powers contrary to the desires of the elected representatives in Northern Ireland.

I believe that this Bill is essential to the restoration of political stability in Northern Ireland. It will provide a framework for the free movement of goods within the UK internal market in line with the Government’s commitment in New Decade, New Approach. It gives reasonable protection to the EU single market; it does not have an impact on the EU and the integrity of that market. In fact, it protects the integrity of that market as well as the integrity of the United Kingdom’s internal market. I see no reason why this House should not bring forward measures to do that, when it is clear and evident that the protocol has disrupted the integrity of the UK internal market.

[Sir George Howarth (Knowsley) (Lab)]

I know that the right hon. Gentleman gives a lot of thought to these issues and does not arrive at opinions lightly. He is arguing that the Bill as it stands will give Northern Ireland the things it wants—I think that is his main point—but what will happen if he is wrong?

[Sir Jeffrey M. Donaldson]

I am not suggesting that the Bill is perfect. It is rare for legislation that passes this House to be perfect in every sense and not to require subsequent amendment. The benefit of the Bill is that it empowers Ministers to make change where change is necessary to ensure the proper functioning of the UK internal market, which is an entirely valid thing for this Parliament and Government to do.

Furthermore, as a Unionist, I make no apology for saying that it is important to me that the Bill will restore Northern Ireland’s place within the Union. Some right hon. and hon. Members have referred to the rule of law, yet the High Court and the Court of Appeal in Belfast have stated clearly that the protocol subjugates article 6 of the Act of Union, which is an international agreement —it is the fundamental building block of the Union.

Article 6 states clearly that I, as a Northern Ireland citizen and a member of this United Kingdom, have the right to trade freely within my own country and that there should be no barriers to trade between the constituent parts of the United Kingdom. In putting in place the Irish sea border, the protocol has broken article 6 and made me a second-class citizen in my own country, because I do not have the right to trade freely with the rest of the United Kingdom. I am simply asking for my rights as a British citizen.

[Simon Hoare]

indicated dissent.

[Sir Jeffrey M. Donaldson]

The Chair of the Northern Ireland Affairs Committee shakes his head, but if he found his constituents in a position where they were unable to trade freely with the rest of their own country, he might be as annoyed as I am and he might actually have something to say about it.

[Jim Shannon]

My right hon. Friend is putting forward an excellent case for how to do away with the Northern Ireland protocol through this legislation. Does he agree that it removes the direct jurisdiction of the European Court of Justice and brings it back here, and that it should be the people of this House, and of the United Kingdom of Great Britain and Northern Ireland, who make those decisions, not Europe?

[Sir Jeffrey M. Donaldson]

I believe in fairness and that when there is a dispute at an international level, the court of one side should not be left to be the arbiter of that situation. That needs to be rectified.

On the implications of the Bill, I make it clear that in our view, it will provide for the restoration of the equilibrium that is essential in Northern Ireland—the cross-community consensus that is at the heart of the Belfast agreement and that is absolutely necessary to ensure the proper functioning of the political institutions. As was evident in the May elections, not a single Unionist Member elected to the Assembly supports the Northern Ireland protocol, so there is no cross-community consensus in favour of it.

This House can bury its head in the sand and pretend that there is no instant solution to the problem. It can say, “Let us just wait for the EU to finally agree to change its negotiating mandate,” but what about Northern Ireland in the meantime? I want to see the political institutions restored, but I am not able to do it if my Ministers are required to impose a protocol that harms Northern Ireland. I am not prepared—my party is not prepared—to engage in an act of self-harm to Northern Ireland’s part of the United Kingdom. We are simply not prepared to do that.

Therefore, is it the will of this House that it wishes to see Northern Ireland languishing without political institutions able to operate because there is no cross-community consensus while we argue the rights and wrongs and the legalities of this situation? Unfortunately, I do not have a situation for my people whereby we can talk all night and debate this Bill and its legality in international law. I happen to believe there is a necessity, and the necessity is peace and stability in Northern Ireland.

This House and this Government are charged with the responsibility of ensuring peace and stability in Northern Ireland. That is the necessity, and I do not see and have not heard in this House from anyone opposing the Bill what their solution is beyond saying, “Let’s have more negotiations”—negotiations with an EU that refuses to change its negotiating mandate and will not change the text of the protocol. I have to say to right hon. and hon. Members that refusal to change the text of the protocol simply means that we will not get a solution that will achieve the cross-community consensus required in Northern Ireland, and I believe the Bill offers a solution.

[Sir William Cash]

Does the right hon. Gentleman accept, as he said earlier, that a serious democratic deficit exists at the moment in the making of laws by European institutions—in the Council of Ministers, by a majority vote, behind closed doors? None of his voters has any opportunity to intervene whatsoever, and it is done in a manner completely inconsistent with proper democratic procedures. Is that not the absolutely right reply to my hon. Friend the Member for North Dorset (Simon Hoare)?

[Sir Jeffrey M. Donaldson]

I thank the hon. Member for that intervention and for the excellent work he has been doing in helping to bring about the progress we are making towards the restoration of the political institutions in Northern Ireland.

As I come to a conclusion, let me say that much of what will happen in the coming period in Northern Ireland will be shaped by attitudes and decisions in this House. If this Bill convincingly passes all its Commons stages in its current form and the Government continue to develop the regulations required to bring to an end the harmful implementation of the protocol, that will of course give substantially greater confidence that new arrangements are on the way, which in turn would provide a basis to take further steps to see the return of our local institutions.

Therefore, I appeal to Members of this House who genuinely want to see the institutions restored and up and running in Northern Ireland again to prioritise the interests of Northern Ireland over any narrower ideological reservations they may have about this Bill. I urge them to recognise the vital nature of this Bill now progressing rapidly through its legislative stages in the Commons before the summer recess, and of ensuring not only that it receives substantial support in this House, but that it is not subject to either wrecking amendments or other amendments that would dilute the framework and impact of the Bill.

In conclusion, much harm has been inflicted on the Belfast agreement and its successor agreements. Time is now short to ensure that we arrest this situation, and the only way to do that, finally and fully, is to deal with the protocol and to see Northern Ireland once again focus on moving forward together. We want to see the Northern Ireland Assembly and Executive restored, and that can be achieved when there is a sustainable basis for doing so. We will continue to be condition and not calendar-led as we look forward to this Bill now making rapid progress. I commend the Bill, and we will be supporting it in the interests of Northern Ireland and the integrity of the entire United Kingdom.

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[Sir Jeffrey M. Donaldson]

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

[Sir Robert Buckland]

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

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

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[Stephen Farry]

I hear those words from the Bench behind me rather than anyone trying to refute what I am saying. That tells its own story.

The protocol is a consequence of the Government’s decisions on Brexit, and particularly of the decision to go for a hard Brexit. It also reflects the fact that the DUP pursued Brexit without any real consideration of the impact on Northern Ireland and the reality that any hard Brexit would require some form of special arrangements for our part of the world. A hard Brexit poses some particular challenges to the whole notion of a shared and interdependent Northern Ireland. It has to be recognised that Northern Ireland is a diverse society. The protocol is by no means a perfect solution, but it offers Northern Ireland the opportunity of a soft landing, given all the tensions Brexit brings to it. It brings opportunities in terms of dual access to both the GB and EU markets, but of course it also has its challenges. We must do all we can not only to maximise the opportunities but to address the challenges.

The Bill is very far-reaching. It immediately disapplies some aspects of the protocol and gives Ministers the ability to disapply others. It brings major consequences: it threatens Northern Ireland’s access to the EU single market for goods. The business community sees the dual regulatory system as unworkable. I hope that Ministers have heard from the Dairy Council, the meat producers, the Northern Ireland Food and Drink Association and Manufacturing Northern Ireland, all of which have expressed major concerns in that regard.

The loss of the jurisdiction of the European Court of Justice will also bring consequences. The protocol is not the same as a free trade agreement: it is a different type of beast. It is about us having access to the single market as a region. It is not a neutral situation that we have to almost tolerate; it is to Northern Ireland’s benefit because the most likely outcome is a situation in which other parts of the European Union do not treat Northern Ireland’s goods as having free access. We may need the European Court to enforce access for our businesses, so let us not throw it away without thinking through the consequences.

The Bill risks a trade war with the European Union—I do not want to see that but it is a potential risk—and undermines relations with the United States of America. The rules-based international order is of fundamental importance to the UK and the wider world and we mess with it at our peril. The Government have been disingenuous in a number of aspects related to how they have sought to defend the Bill. This is not about defending the Good Friday agreement. Brexit was a threat to the Good Friday agreement; the protocol is a response to protect it against that situation. There is not a choice between the protocol and the Good Friday agreement; the two can be reconciled if people wish.

[Sir Jeffrey M. Donaldson]

The hon. Member says that the protocol is designed to protect the Good Friday agreement. The north-south institution has collapsed, the Assembly is not meeting, the Executive is not functioning adequately and, in the words of the Irish Foreign Minister, east-west relations are at their lowest ebb for years. How is the protocol doing in protecting the Good Friday agreement?

[Stephen Farry]

I rather suggest that the right hon. Gentleman lies at the heart of all four of the outcomes he just listed, in the sense that DUP Ministers pulled out of the north-south institutions, they pulled out of the Executive, they are not allowing the Assembly to meet and, frankly, east-west relations have been poisoned by both the Government and the comments from a number of Unionist Members in Northern Ireland in recent years.

On the other issues used to justify the Bill, one of the first things the Government say is that they cannot reduce VAT on renewables in Northern Ireland—“This is an outrage!” I have looked into the matter, and the Government’s own figures suggest that the entire net value of the measure for Northern Ireland is a sum total of £1 million per year. The Government also have the option of going to the European Commission to ask for flexibility. Have they done that in the past three months since the Chancellor made the announcement? No, they have not. It is clear that they prefer to have this manufactured grievance rather than trying to find a genuine solution.

The Government say that no proper negotiations have happened over the past 12 to 18 months. Why is that the case? The Government have not approached the matter in good faith, so negotiations have stalled. They now say that they cannot proceed unless the EU says it is up for the renegotiation of the protocol. That denies the fact that there are three different ways in which things can be fixed that are all consistent with the protocol as it currently stands. First, there are flexibilities inside the protocol. We have already seen progress on the issue of medicines, but the Government, for their own reason, refuse to acknowledge the progress that has been made. I wonder why that is the case.

Secondly, I agree with other Members that article 13(8) of the protocol exists to allow the protocol to be superseded in whole or in part. I understand that that was put into the protocol at the request of the UK Government. That provision can be used but it has to be done by negotiation and mutual agreement.

Thirdly, we can do things in terms of supplemental agreements to the trade and co-operation agreement, such as a veterinary agreement. Again, those options have not been pursued. There are plenty of options out there that the Government can pursue entirely in keeping with the EU’s current negotiating mandate. People say that there is no alternative to this Bill, but there is: it is to go back and negotiate in good faith to build trust and partnership with the European Union.

Let us think about this for a second. Will this Bill improve trust and partnership? Will it make those negotiations any easier? No, it will make them harder, because every practical solution that I agree with depends on the EU and the UK trusting each other, and that is not where the Government sit tonight.

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[Robin Millar (Aberconwy) (Con)]

Before I start, I would like to comment on the quality of the debate that we have had. I have been really encouraged that Members in all parts of the House have contributed and we have heard many different views. This is a reflection, too, of the conversations I have had around this place over the past few weeks in the run-up to the debate. I welcome that engagement across the House on all these points.

At its heart, this is about the Union. It is a question of principle. The right hon. Member for Leeds Central (Hilary Benn) said that this was a Bill born out of desperation, not principle, but I would argue exactly the opposite. This starts with principle. For me, it starts with the ruling of the Northern Ireland Court of Appeal that the Acts of Union were subjugated by the Northern Ireland protocol. It is imperative, then—a point well made by the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson)—that while we consider issues of trade and the peace agreements, we also consider the integrity of the Union. All these are important and each must be addressed, but all can be addressed only if the integrity of the Union underpins them.

With regard to trade, the Bill restores free movement of goods within the UK. However, it also respects the integrity of the EU single market through the introduction of green and red channels. I would suggest that this meets the test set by my right hon. Friend the Member for Maidenhead (Mrs May) for delivering the aims of the Bill.

With regard to governance and jurisdiction, my hon. Friend the Member for Stone (Sir William Cash) mentioned the democratic deficit that exists within Northern Ireland. I would suggest that the Bill meets that requirement through rejecting the jurisdiction of the EU and the European Court of Justice because with that residents of Northern Ireland have no control over the laws that are set and that must govern them.

[Sir Jeffrey M. Donaldson]

I thank the hon. Member for his point. If I may, I will just return briefly to the point he made prior to that. At no stage has this Government or my party ever called for a hard border on the island of Ireland. That is why we support this solution, but is he aware that, by threatening retaliation, the only people who are now talking about a hard border on the island of Ireland are the EU? If it is a trade war, the EU will not leave the border unsupervised on the island of Ireland, and it has threatened to remove the right of Northern Ireland companies to trade across the border in those circumstances—that cannot be policed in any other way than on the border itself—so it is the EU that is threatening a hard border on the island of Ireland through retaliation and, by extension, it is threatening the Good Friday agreement.

[Robin Millar]

The right hon. Member makes a strong point that I will come on to address in just a moment.

I would make the case that the Bill meets the second test of my right hon. Friend the Member for Maidenhead (Mrs May) on reputation. What self-respecting nation allows itself to be split and part of it to fall under the governance of another unaccountable power? That cannot be the reputation that this Union wishes to pursue.

Thirdly, on the question of the integrity of the United Kingdom, clause 1(c) states that the Bill

“provides that enactments, including the Union with Ireland Act 1800 and the Act of Union (Ireland) 1800, are not to be affected by provision of the Northern Ireland Protocol”.

That, I suggest, meets the test of legality. There might be questions about necessity, as my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) pointed out, but my reason for supporting this Bill lies in the imperative of what the Court of Appeal said. It said that the Acts of Union have been subjugated, and that is reason enough for me.

The right hon. Member for Tottenham (Mr Lammy), when he was challenged as to whether he would change the protocol, declined to answer what changes he would make or how they could be delivered. He did, however, make a good point when he said that we must focus on what works and that, I suggest, is what the Bill is trying to do. It is a Bill that provides a solution, seeks to address the issues of trade, respects and seeks to restore cross-community consent and, most importantly, restores the integrity of the UK while at the same time protecting the integrity of the EU single market.

This is not a perfect Bill. I have concerns about the sweeping powers within it given to Ministers. I suspect that, subject to further debate—I hope that the Bill will rapidly progress without delay through this House—those might be considered. However, I will support this Bill with enthusiasm, because there is a legal basis for action. As I have said, the Court of Appeal has set that by indicating that the Acts of Union have been subjugated. As my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) said, it means that inaction is not an option. I will finish with this question for hon. and right hon. Members. If it is the case that our Acts of Union have been subjugated, and if, as my right hon. and learned Friend says, inaction is not an option, then if not this Bill, what? If not now, when will we restore the integrity of our Union?

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[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

It is always good to follow the right hon. Member for South West Wiltshire (Dr Murrison), even though I am going to profoundly disagree with him.

It is interesting that we now have a tantalising real-time example of what happens when a part of the UK is able to diverge from the current UK economic model. It turns out that not simply accepting lower growth than south-east England in perpetuity in exchange for a guaranteed lump sum can actually be quite beneficial, and so of course the UK Government want to put an end to it.

It is important, however, to take a historical view of where we are. It behoves the British Government to remember their history, for their predecessors have been here quite a few times before. The end of the seven years war in 1763—a few folk here now might have been around back then—was a catastrophic success for a newly fledged Great Britain. As a result of victory over the perfidious Europeans, it gained supremacy over the North American continent and possessions elsewhere. Let me quote from Pulitzer prize-winning Professor Alan Taylor’s history of the American revolution, here quoting Henry Ellis, a colonial Governor:

“What did Britain gain by the most glorious and successful war on which she ever engaged? A height of glory which excited the envy of the surrounding nations…an extent of empire we were equally unable to maintain, defend or govern”.

Taylor adds:

“Because of that triumph, the empire would reap a revolution in British America”.

As we stand here in these sunlit Brexit uplands, we must also consider the price that this modern-day facsimile of Georgian Britain would have us pay for attaining their own heights of glory. Even then, the idea that this place—this legislature—should be supreme above all others led them to make similar mistakes.

The contradictions of British North America were slightly different from those we face today. In short, while the colonialists liked to distinguish themselves from their French and Spanish rivals as more democratic because they had a form of self-rule—let us not call it devolution—we now know that that was somewhat erroneous, as that self-rule was very much restricted to Protestant landowners. While that made the ruling of the original 13 colonies relatively straightforward, the newly won possessions in New France did not fit that model, so this Parliament decided to pass the Quebec Act, which did not go down too well with the puritans in New England or elsewhere.

The vastly expanded sphere of influence was also much more expensive to maintain. Therefore, despite the warnings that this would not be appreciated, taxes were levied for the first time on colonial possessions, first through the Sugar Act 1764 and then the Currency Act 1764 and the Stamp Act 1765. All the time, the consequences for those who were subjected to the legislation were ignored, and that slowly drove a wedge between England’s interests and those of its periphery. [Interruption.] Perhaps Ministers should listen. We know what happened next.

I take us on that American detour because we live in hope that Ministers will reflect on how their wonderful wheeze, designed to reassert the primacy of this Parliament, will not work in places where people look to legislatures that are closer to them.

[Sir Jeffrey M. Donaldson]

Will the hon. Member give way?

[Martin Docherty-Hughes]

I will not, I am afraid, as I want to make some progress. Quite simply, be we in the 18th century or the 21st century, introducing legislation that damages the economic self-interest of those on the periphery to benefit those in the core will never end well, especially when, as in this case, it satisfies the desires solely of the parliamentary sovereigntist-fetishists, who do not represent any real majority, even in the core.

Let me conclude with a quote from Edmund Burke, who was not only the father of conservatism but an Irishman and a Unionist to boot. Many will remember how in “Reflections on the Revolution in France” he said:

“People will not look forward to posterity, who never look backwards to their ancestors. Besides, the people of England well know that the idea of inheritance furnishes a sure principle of conservation, and a sure principle of transmission”.

But I think more pertinent to our discussions is what comes a few paragraphs later, where he said:

“The institutions of policy, the goods of fortune, the gifts of providence are handed down to us, and from us, in the same course and order.”

How providential it is, then, that this Conservative and Unionist Government’s blessed inheritance, and this state’s institutions of policy, are to repeat the same mistakes that have always been made. It is shame for the people of Northern Ireland that the economic and political damage of the Bill is to be visited on them in such a manner.

--- Later in debate ---

[Brandon Lewis]

The hon. Gentleman makes an important point, and it is absolutely our determination that the Bill will ensure a good, flexible free flow of products from Great Britain to Northern Ireland, in the same way that they would move from Great Yarmouth to Carlisle, Birmingham or London. That is what we want to deliver.

One of the reasons we have taken what colleagues refer to as the Henry VIII powers is to ensure that we work with business to make sure that those regulations deliver that free-flowing, flexible process without the bureaucracy that is deterring businesses from accessing Northern Ireland.

[Sir Jeffrey M. Donaldson]

The Secretary of State refers to an important point, namely the regulations that this Bill will make it possible to introduce. Clause 1 is clear that nothing in this Bill should harm the Act of Union. Will he confirm that the regulations that will be brought forward from this Bill will not do anything to harm the Act of Union?

[Brandon Lewis]

Absolutely, and that is why it was important to have that in the Bill—the right hon. Gentleman is absolutely right. Let us be clear: for just under a quarter of a century, the Belfast/Good Friday agreement has been the foundation of peace, stability and political progress in Northern Ireland. All three strands of the agreement are under threat, as we stand here today, and that is a direct result of the protocol. This Bill is the route to a solution. It is legal, it is necessary and it is right for the United Kingdom. Most importantly, it is not just right for the whole UK; it is right for the people and businesses of Northern Ireland. It creates the environment to facilitate the return of a fully functioning Executive.

While the Opposition have voiced criticisms, they have proposed no alternatives. We are taking the decision to act to protect the hard-won gains of the peace process in Northern Ireland. We owe it to the people of Northern Ireland to fix the problems, and that is why, as Secretary of State for Northern Ireland, I commend this Bill to the House.

Question put, That the Bill be now read a Second time.

Northern Ireland Protocol

Jeffrey M Donaldson Excerpts

Tuesday 17th May 2022 Commons Chamber

[Elizabeth Truss]

I thank my hon. Friend for his great expertise on this matter. To be clear, on the European Court of Justice, our solution is to have an arbitration mechanism in place, as we do for the trade and co-operation agreement, rather than having the ECJ as the final arbiter.

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

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

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

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

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

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

[Elizabeth Truss]

I thank the right hon. Gentleman. What everybody in Northern Ireland agrees on—all parties—is that the Northern Ireland protocol is not working, and we do not have cross-party consent to move forward. It is vital to restore the primacy of the Belfast/Good Friday agreement, which provided for power sharing in Northern Ireland to ensure that we have the consent of all communities. The Government’s priority, above all else, is to protect peace and stability in Northern Ireland. That is our first duty as a sovereign Government of the United Kingdom.

Sanctions

Jeffrey M Donaldson Excerpts

Monday 28th February 2022 Commons Chamber

[Elizabeth Truss]

I congratulate my hon. Friend on his leadership of the all-party parliamentary group on Ukraine. We will be doing more with our friendship group for the Ukrainians to raise international support behind the Ukrainian cause. I can tell him that I have been on the phone to Tony Blinken on many occasions in the last few weeks. He is going to travel to Europe this week, and I will be meeting him. I will also be in the United States the following week. The UK does all it can to ensure that the G7 is moving forward in all these areas of sanctions, including financial services, and we will not rest until we have completely cut the Russian economy off, and cut it off from its supply of oil and gas money to ensure that Putin does not have the money to fund his war machine.

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

The people of Northern Ireland stand with the people of Ukraine and we commend the Government for taking a lead in the international community on many of these issues. The Foreign Secretary spoke of humanitarian assistance. Will that extend to the United Kingdom opening its doors to some of the refugees from Ukraine?

[Elizabeth Truss]

We are already donating £40 million of additional humanitarian assistance to Ukraine. We are also providing direct support in the neighbouring countries, helping our friends the Poles and the Slovaks with the exodus of refugees from Ukraine. My right hon. Friend the Home Secretary has announced that we will be supporting the immediate families of British citizens here—[Interruption.] I understand what the right hon. Gentleman is saying about further support for those refugees.

Oral Answers to Questions

Jeffrey M Donaldson Excerpts

Wednesday 29th April 2020 Commons Chamber

[Dominic Raab]

My right hon. Friend raises a really important point. We of course want to ensure that all autistic children or any other children with special needs going through this terrible crisis are as protected as they possibly can be. When it comes to looking at the future arrangements for schools, on top of the key workers, we have got to make sure that we do as much as we can to protect vulnerable children, particularly those with particular needs. She talked about the funding going through to local authorities. I will speak to the Education Secretary and the Communities Secretary and make sure that we can come back with a specific answer on the point that she raises.

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

May I, on behalf of the Democratic Unionist party, echo and pass on congratulations to the Prime Minister and Carrie Symonds on the birth of their son?

The headline in this morning’s Belfast Telegraph speaks about deaths of those not infected by the virus—people who had not been attending hospital and desperately needed treatment. Will the First Secretary advise us of the measures that the Government intend to take to address the issue and to ensure that more people are able to attend for treatment, including cancer patients?

[Dominic Raab]

I thank the right hon. Gentleman and pay tribute to all the work he and the Northern Ireland Executive are doing at this difficult time. He is absolutely right to raise the challenge within the NHS more generally of dealing not just with covid-19, but with the wider conditions that people have. The chief medical officer has made it very clear: we have the capacity. The plans that we put in place and delivered through the Nightingale hospitals, the ventilators and the critical care capacity are there to deal not only with coronavirus, but with other non-covid priorities, whether they are urgent or whether they are other forms of treatment in relation to cancer or otherwise.

I am certainly willing to work with the Health Secretary and the Northern Ireland Secretary to make sure that we can deal with and address any particular challenges faced in Northern Ireland. It is absolutely crucial as we go through this crisis that that NHS capacity is protected, and that is one of the reasons we introduced the social distancing measures and why it is important that they have been so effective.