United Kingdom Internal Market

Debate between Baroness Winterton of Doncaster and Gavin Robinson

Thursday 1st February 2024 Commons Chamber

[Gavin Robinson]

It is always good to hear from the hon. Gentleman, but he knowingly confuses my point. He knows that Coca-Cola being situated in Northern Ireland and sending its products throughout the island of Ireland is a point that recognises our access to the single market, with which I take no issue—I see it as a practical benefit. He also ignores the fact that, in Northern Ireland, Coca-Cola is able to manage different tax regimes, different currencies and many different aspects which, in and of themselves, clearly demonstrate that there is no all-Ireland economy. I am not concerned about there being one, but I am concerned that there is one remaining reference in legislation that is totally irrelevant and has no force in effect but requires Ministers to have due regard to something that does not exist, and is part of this agreement.

The Northern Ireland Protocol Bill accepted red and green lanes but, under this new arrangement, there is no need for a lane to deal with goods coming from GB to NI and staying within the United Kingdom internal market. The checks required by the Windsor framework— tapering down to 5% by 2025 but, in real terms, 100% on some fruit and veg, 30% on meat, fish and poultry, and 15% on dairy—are gone, save for the ordinary checks we have in relation to smuggling and criminality. Those changes can only be achieved by opening the EU text and securing change in a way that we were told could not happen, that we were told was mythical or wishful thinking.

Madam Deputy Speaker, you have been very gracious in letting me speak around the SI up until this point. In the United Kingdom Internal Market Act 2020, the Government proposed many things that were to be of benefit to us, but they dropped them. They had our support in protecting our place within the UK internal market, but they dropped the proposals. This deal brings them back again, but it also goes further.

Other Members have commented on this, but proposed new section 45A(2) of the 2020 Act says:

“Accordingly, this Act—

(a) prohibits the application of export procedures to goods removed from Northern Ireland to Great Britain”.

Whether or not Members think it has practical import, I can say as a Unionist that it has principled import. There should be no exit procedures. The exit procedures under the Northern Ireland protocol have caused us so much harm, and they have gone. That is important for all of us.

Subsection (3) says:

“In particular, that permanent unfettered access is achieved in relation to qualifying Northern Ireland goods through (among other things)—

(a) the mutual recognition”.

Mutual recognition has been discussed many times in this House, and it is an aspiration we all share. We were told it was mythical. We were told it was a unicorn project. We were told that it could never be achieved because the EU would never agree, yet in this SI, we have mutual recognition—something that could do away with the checks, the impediments and the impositions that were put upon us by this Parliament and resolve the barriers to trade within our own country. Something that had consequences for the principled and political integrity of our country is now gone, because we have achieved mutual recognition.

Why is that important? It is important in the context of the debate we have been having across the House. I am proud that we have put in measures about internal market impact assessments that probably seem a little boring, methodical and bureaucratic, but even if we go through the process of getting civil servants and policy- makers to understand that any choice they make could have an impact on the UK internal market and Northern Ireland’s place within it, to understand what those impacts are and seek to address them, and even if the conclusion is that parliamentary sovereignty reigns and the principal policymakers in this place decide that they will diverge in policy terms from where we are in Northern Ireland, we have a goods guarantee. Nobody on the DUP Benches is going to upset parliamentary sovereignty, but we will protect our place within this United Kingdom.

The goods guarantee—the mutual recognition that says that, irrespective of the standards that apply in either part of this country, our goods from Northern Ireland will always be welcome in the rest of the United Kingdom—is a gain. It is a gain even when others did not see it as a problem, because it future-proofs our place within this United Kingdom. It is something that was absent from the Windsor framework. It has been a long quest for all of those who have walked hard yards to resolve some of the issues that have arisen from our choice to leave the European Union, but our determination on those issues has never wavered, and a resolution has been achieved.

New section 46A of the United Kingdom Internal Market Act deals with indirect access. In that section, our Government are now saying very clearly that there can be no administrative checks, controls and processes, not only for direct movements between one part of our country and another but for indirect movements—direct movements, but for the fact that the goods have merely passed through the Republic of Ireland. That crystallises yet again the fact that we are not in an all-Ireland economy: we are different from our near neighbours. Legislatively, Northern Ireland hauliers and Northern Ireland businesses that are sending goods from Northern Ireland to Great Britain will be able to do so in an unfettered way, even if they travel through a foreign country. Those controls will not apply to them.

Those achievements are worth focusing on, because we have been trying to resolve the unresolvable—to get focus on places where attention had moved elsewhere. It has taken much longer than we would have liked. I am sure that many Members on other Benches would have preferred the process to end a lot sooner as well, if only we had agreed to less, but we were not prepared to do so. The Windsor framework marked progress, but we said that there were unresolved issues: not only the potential for future divergence in GB that would put us in a difficult position, or gains that were offered in the Northern Ireland Protocol Bill or, indeed, the United Kingdom Internal Market Act that were ultimately dropped—which we have now brought back and secured, and this Parliament is agreeing to—but resolving the unresolvable in a way that will have practical application for Northern Ireland, and for our place within this United Kingdom, now and for a long time to come.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I have three more Members wishing to speak. I want to bring the Minister in at 3.18 pm, so perhaps people could bear that in mind.

Northern Ireland (Executive Formation etc) Bill

Debate between Baroness Winterton of Doncaster and Gavin Robinson

Committee stage
Tuesday 29th November 2022 Commons Chamber

[Gavin Robinson]

Dame Rosie, you can see that there is a willingness and desire to move things along. I am very grateful to the Minister and to the Secretary of State for their engagement. That is a helpful clarification on the guidance.

As I mentioned tangentially during an intervention I made on Second Reading, a number of amendments that were tabled fell outside the scope of the Bill, but I hope that the Northern Ireland Office will engage with us and colleagues across the House pragmatically over the next few weeks, because these issues are not going to go away and need to be resolved.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I call the Chair of the Northern Ireland Committee.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Baroness Winterton of Doncaster and Gavin Robinson

Committee stage
Wednesday 29th June 2022 Commons Chamber

[Gavin Robinson]

On a point of order, Dame Rosie. For the sake of clarity and for the benefit of all Members, may I ask you to confirm that there will be a Report stage? I have listened to these exchanges, but given the timescale that we have for the Bill’s remaining stages on Monday—given that the second day of the Committee stage will end an hour before the moment of interruption—and given the likelihood of many Divisions, I expect that there will not even be time for a substantive Third Reading, let alone a Report stage.

Just in case people fall into the view that there will be enough time for a Report stage and the opportunity to table further amendments, I must express my view that that will not be the case on Monday. But I ask you, Dame Rosie, for clarification.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Report stage is currently scheduled for Monday. As I understand it, amendments would need to be tabled at the close of Committee stage on Monday, as manuscript amendments. I hope that is helpful.

[Gavin Robinson]

Further to that point of order, Dame Rosie. In principle there can be a Report stage, but in practice, if the Committee stage runs until an hour before the end of proceedings and there are Divisions—four, potentially—there will be no time whatever for a Report stage or a Third Reading. We cannot predict what will happen with Divisions, but I am asking for confirmation that a set of circumstances could arise whereby no effective Report stage would occur.

[The First Deputy Chairman]

Obviously it is difficult to predict what would happen on the day. In such circumstances, Members can all agree that they wish to allow enough time for Report stage by means of shorter speeches or fewer votes. On the other hand, I understand that it is also possible for the business managers and the Government to table a Business of the House motion that could perhaps give specific protected time to a Report stage, but that would be a decision for the Government. Again, I hope that that is helpful.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Baroness Winterton of Doncaster and Gavin Robinson

2nd reading
Tuesday 24th May 2022 Commons Chamber

[Gavin Robinson]

It is important for the House to recognise that sometimes politicians talk about how powerfully these things affect us, but it is fair to say that from my hon. Friend’s contributions throughout the years he has brought a great deal of personal empathy and emotion to these issues. I make that intervention, and I will talk perhaps longer than you would normally permit in an intervention, Madam Deputy Speaker, and I will look for a nod from my hon. Friend whenever the time is appropriate—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. If the hon. Member for Strangford (Jim Shannon) would like me to come back to him after the hon. Member for Belfast South (Claire Hanna), I am happy to do that if at any point that is what he feels.

Police, Crime, Sentencing and Courts Bill

Debate between Baroness Winterton of Doncaster and Gavin Robinson

2nd reading & 2nd reading - Day 2
Tuesday 16th March 2021 Commons Chamber

[Gavin Robinson (Belfast East) (DUP) [V]]

I am grateful to be called in this debate. I wish to place on record my thanks to the Under-Secretary, the hon. Member for Croydon South (Chris Philp), for meeting me to discuss this Bill. The scale of the Bill, the wide-ranging import of its provisions and indeed the two days set aside for the Second Reading debate all indicate the magnitude of what is contained within it.

First, I wish to indicate my support for the provisions that directly apply to Northern Ireland. The ability to access information from encrypted devices, the ability to take samples from human remains, changes to the Sexual Offences Act 2003 and mutual recognition across our United Kingdom are all welcome provisions that will assist in the fight against serious crime. Ministers are aware that I have raised my concern that, although they are not part of this Bill, unexplained wealth orders, provided for in the Criminal Finances Act 2017, have not yet commenced in Northern Ireland, despite our Department of Justice seeking a commencement order.

With paramilitarism and organised crime still having a significant impact in Northern Ireland generally, and in my constituency of East Belfast particularly, we need immediate progress on this issue. I am prepared to table amendments to the Bill if necessary, though I am somewhat assuaged to hear that progress may come in the next week or two. I would therefore be extremely grateful if confirmation of that could be given from the Dispatch Box this evening.

Separately, the House is well aware of the strength of feeling following the abhorrent murder of Sarah Everard so I am pleased that the Bill will increase the time served in prison from half to two-thirds of the sentence as a minimum for the most serious sexual offences. It will bring in provisions on abuse of positions of trust and enact Kay’s law with greater protections linked to pre-charge bail.

Finally, and regretfully, I rail against in the strongest possible terms the overarching sweeping and draconian provisions on protests. I have heard what the Government’s intention is, but the loose and lazy way the legislation is drafted would make a dictator blush. Protests will be noisy. Protests will disrupt. No matter how offensive we may find the issue at their heart, the right to protest should be protected.

Unless we wish to proceed with societal constraints that permit only graceful, genteel and humble protest, I urge the Government to indicate that they accept the strength of feeling on this issue, that they will work with colleagues across the House to amend the provisions significantly, and that they will not proceed without publishing guidance underpinned by statute on the operative implications.

I wish you, Madam Deputy Speaker, and all colleagues a happy St Patrick’s Day for tomorrow.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Thank you. We now go by video link to Dame Angela Eagle.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between Baroness Winterton of Doncaster and Gavin Robinson

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons & Report stage & Report stage: House of Commons
Thursday 15th October 2020 Commons Chamber

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Order. I would like to try to get three more speakers in before 3.18 pm. I will just put that out there. As Members know, I cannot put a time limit on, but I think that would be fair.

[Gavin Robinson]

Dame Rosie, I will engage in this part of proceedings in the spirit of co-operation and collegiality, so as not to exhaust the comments others may wish to make.

It is a pleasure to follow the hon. Member for Kingston upon Hull North (Dame Diana Johnson), who I believe is now on the Intelligence and Security Committee. She is right to highlight new clause 8, tabled by the hon. Member for Walthamstow (Stella Creasy). I have to say that that is the first time appropriate consideration has been given to those issues in any of our contributions on the Bill. The Minister knows I support the general thrust of the Bill and the provisions in it. I heard him refer to the Children’s Act 2004 and some of the standards that need to be adhered to when considering children through the prism of the proposed legislation, but the hon. Lady made sincere and serious points. I hope he will reflect on them further.

In fairness, given the amount of time left in the debate and the contribution I can make, it is right that the Minister has more time to respond to the issues raised and that he does so comprehensively. I think there have been fair points made throughout the debate, even on amendments that, ultimately, I may not back. On trade unionism and blacklisting, my reading of the Bill, the guidance and the authorisation process is that there is no fear around those issues. However, there is clearly an apprehension of fear among those who have proposed amendments in that regard and I hope the Minister will deal with them comprehensively.

I have indicated my assent and support for new clause 3. I think the Minister is probably minded to accept it. I hope I am not going too far in suggesting that the Minister should accept new clause 3 from the Intelligence and Security Committee, but I ask that he does.

If I could ask anything from the Minister’s response, it would be on these two issues. First, there has been discussion and consideration around the Human Rights Act. In fairness to the hon. Member for Liverpool, Walton (Dan Carden), he did say that that only allows for retrospective accountability on the part of the state. To my mind, however, it would be wholly unlawful for anybody involved in the authorisation process to authorise something that naturally falls foul of the Human Rights Act. They could not do it. They do not have the values to allow for it. In terms of torture, torture is not permissible in any circumstances. It is against our Human Rights Act and it is against international frameworks. It cannot be allowed. That is an absolute right and I think it is clear that there should be no authorisation, and cannot be any authorisation, given on that basis.

I would like the Minister to talk about sexual crime more particularly. I still believe that that should not be, and could not be, authorised. I find that some of the amendments, because they have a total list of these issues, are unhelpfully drafted. Having each and every one of the aspects contained in an amendment—I am thinking in particular of amendment 13—means that it is unsupportable. There is a world of difference between causing loss of life or serious bodily injury and murder. It is a nuanced legal difference, but there is a world of difference between the two. There are circumstances in which, regrettably, life is lost, and there are circumstances in which it is legitimate for the state to remove life. I do not say that to be controversial; that is part of our human rights framework. That is provided for in our human rights legislation. There is a distinction between the two, and amendments that group all these issues together are unhelpful. They are individually important issues, and we should have the opportunity to engage with them individually and independently of one another. I would be grateful to hear from the Minister on those issues.

I will draw my remarks to a close, but I have to say that this process, with two hours and 20 minutes of debate for Committee stage, is wholly unsatisfactory. These issues are much too important to be left to two hours and 20 minutes of debate.

Parliamentary Constituencies Bill

Debate between Baroness Winterton of Doncaster and Gavin Robinson

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 14th July 2020 Commons Chamber

[Gavin Robinson (Belfast East) (DUP)]

It is a pleasure to follow the hon. Member for Ynys Môn (Virginia Crosbie). I congratulate her on her success; I hope it is the first of many. I shall not repeat her constituency name too frequently in case I injure its pronunciation. It is a great tribute to her that she has got that success so soon in this Parliament.

As we know, every day is a school day. It has been interesting to hear people on the Government Benches talk with a straight face about the equalisation of seats, having operated and implemented the English votes for English laws process in this Parliament. If Members want an English Parliament, they should create it, and I will support it, but it is no substitute for our national Parliament, which is this Chamber. It is hard to listen to equalisation arguments, having been unnecessarily excluded from so many votes in this place since the creation of that policy.

As I say, every day is a school day, and it is interesting to learn that not only is there a song called “Sussex by the Sea”, but it is an anthem with a national day on which to be sung. The hon. Member for Romford (Andrew Rosindell) is looking at me because he understands all the nuances in our wonderful British Isles. It would have been no surprise to him, but it was to me.

Having heard the comments from the hon. Member for Glasgow East (David Linden), who is not in the Chamber, about how much he enjoyed the Bill Committee, I suppose I should probably not admit that I gave evidence to the Committee and probably added to the pain and suffering that he and other Committee members endured. I was pleased to give evidence as our party’s director of elections.

Some important contributions have resurfaced today, not only from the Bill Committee but on the amendment paper, and should be considered. I can see no argument against parliamentary sovereignty or parliamentary scrutiny of boundary commission proposals. I added my name to amendment 1 for that precise purpose. The hon. Member for Eltham (Clive Efford) made the argument earlier about setting the task and then agreeing with the conclusion, and that is our role.

I do not agree with the right hon. Member for Basingstoke (Mrs Miller) when she suggests that there is a commensurate removal of Executive power. When I gave evidence to the Bill Committee, I think I was fair when I reflected that there is no equivalence or equalisation between parliamentary sovereignty and approval and a technical amendment mechanism that is not used by Ministers and has not been used by Ministers. I have yet to hear Ministers put forward a comprehensive or compelling example of when that ministerial power was used and how it is of equal comparison to the removal of parliamentary approval for boundary commission proposals in respect of the restructure in the Bill. I do not think there is such an example and I have yet to hear one, but I am happy to give way should somebody wish to correct me.

I support new clause 1, but it is fair to say that it contains many arguments in which I have no part to play. I will not put forward arguments about the retention of seats in Wales—that is for others—or about the retention of seats in Scotland, either. In 2018, the Government published the Parliamentary Constituencies (Amendment) Bill, which secured 18 seats for Northern Ireland. It was published but never progressed, but that legislative commitment was given by Government, and it was important for the constitutional and balanced position that we have in Northern Ireland. It was a commitment that was given and has not been repeated in this Bill, which is hugely regrettable, so I will support new clause 2 if it is brought to a vote.

On new clause 1, there are fair arguments about 5% and how much better the constituencies will be with the increase of every percentage point thereafter. This has not been raised in the Chamber thus far, but Members will know that, under the Parliamentary Constituencies Act 1986, Northern Ireland has a special provision in rule 7 whereby, if the Boundary Commission is unable to construe boundaries with geographical significance or there is no further inaccuracy, we are allowed to have a tolerance of 10%. That rule is retained in this Bill, and we think it is an important rule. The Minister will know from the comments I made in evidence to the Bill Committee that, following a judicial review last year and the Court of Appeal judgment issued only two months ago, Boundary Commission proposals from Northern Ireland were struck down in the operation of rule 7, and we are concerned that there may be a chilling effect on the application of rule 7 in future Boundary Commission proposals.

We will support the increased tolerance from 5% to 7.5% because we think that it would give the greater flexibility required to ensure that Boundary Commission proposals in Northern Ireland are fair, balanced and not infected by other historical arguments that could be brought into the process. However, I am keen to hear from the Minister how lessons can be learned from the application of rule 7 and that the 10% tolerance—or 20%, since it is plus or minus 10%—is important for Northern Ireland, and future boundary commissioners should not be precluded from using it, because it plays an important part in the Boundary Commission process in Northern Ireland, and ultimately it needs to be retained.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Things have perked up enormously on the time front. However, from now on, if Members could stick to five minutes, everyone will be able to speak. I call Shaun Bailey.