Northern Ireland (Executive Formation) Bill

Debate between Baroness Winterton of Doncaster and Jeffrey M Donaldson

2nd reading
Wednesday 22nd February 2023 Commons Chamber

[Sir Jeffrey M. Donaldson]

I thank the Chair of the Northern Ireland Affairs Committee for that point. Of course, Norway is a sovereign country; Northern Ireland is not. Northern Ireland is part of the United Kingdom, and it is the Government of the United Kingdom who are the sovereign authority in these matters. We need to look at this not just at the level of our democratic institutions in Northern Ireland, but in relation to the mechanisms for the Government of the United Kingdom to intervene in circumstances where the UK’s internal market, and Northern Ireland’s place within it, is threatened by EU laws—whether they be changes to existing laws or new laws that are introduced. We cannot have a situation where, in respect of our trade across the Irish border, EU laws that apply to that trade impact on our ability to trade within the internal market of the United Kingdom. We certainly cannot have the situation that has arisen with the protocol, where article 6 of the Acts of Union, which govern the economic union of the United Kingdom and our place in it, is impliedly repealed by this House. That must be avoided in the future. In any arrangements, we need to have a safeguard that protects article 6 of the Acts of Union—our right to trade within the internal market of the United Kingdom without barriers being put in our way.

As I draw my remarks to a close, may I say that the reason we are here is that the protocol has undermined the cross-community consensus that is necessary, which my hon. Friend the Member for East Londonderry (Mr Campbell) referenced in his comments, to ensure that we have stable, functioning institutions in Northern Ireland. We are approaching the 25th anniversary of the Belfast/Good Friday agreement, so let us not also lose sight of the successor agreements. We know that at St Andrew’s, at Hillsborough and at Stormont we have had to make changes that improve the way that Northern Ireland is governed. I have heard in recent days clarion calls to look again at the way in which our institutions operate and the principles at the heart of the agreement.

Let me put down a very clear marker on behalf of my party and, I believe, on behalf of Unionism generally: if the road that some want to take on reform is exclusion; if the road that some want to take on reform is majority rule; if the road that some want to take abandons the principle of cross-community consensus in Northern Ireland, that will not be acceptable to my party now or at any stage in the future. It is those principles that are essential to ensure that there is cross-community support for our political institutions in Northern Ireland. I say to the Government that, while we will look at what change can be made to improve the governance of Northern Ireland, we will not countenance the abandonment of that cross-community consensus that is at the heart of our institutions. In that respect, I welcome the comments made by the shadow Secretary of State that that is also the position of the Labour party. I recognise, too, the contributions that Tony Blair and others made to bringing the agreement together and the very delicate balances at the heart of that agreement. They must be protected as we go forward.

Madam Deputy Speaker, I hope that, within the timeframe that this Bill creates between now and next January for an election, we will see an outcome on negotiations and legislation that will bring fundamental change that will respect and restore Northern Ireland’s place within the United Kingdom and its internal market, that will ensure that we are not in a situation where we are rule takers from the EU and where EU law affects our ability to trade within the United Kingdom. That is not acceptable. Where we trade within our own country, the rules that apply should be those of the United Kingdom. Where we trade with the European Union, the rules that apply should be those of the European Union. That is clear. The protocol does not deliver that, and we need a solution that does.

[Madam Deputy Speaker (Dame Rosie Winterton)]

May I remind Members that if they intervene during a speech, they should stay for the entirety of that speech, in case something they have said is referred back to. Sadly, those who are guilty of this have probably left the Chamber, but we can remind them when they return.

Northern Ireland Protocol Bill

Debate between Baroness Winterton of Doncaster and Jeffrey M Donaldson

Committee stage
Wednesday 13th July 2022 Commons Chamber

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

Just a gentle reminder that quite a few hon. and right hon. Members are wishing to catch my eye. I cannot impose a time limit because we are in Committee stage, but Members may like to bear that in mind.

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

It is a pleasure to follow the hon. Member for Bromley and Chislehurst (Sir Robert Neill). We have become good friends since both serving together on the UK delegation to the Parliamentary Assembly of the Council of Europe, and I hold him in the highest of respect.

On behalf of my colleagues, I pay tribute to the former Secretary of State, the right hon. Member for Great Yarmouth (Brandon Lewis), who is in his place, for the work that he has done in bringing the Bill to this stage, and for the work that he did during his tenure as Secretary of State. He developed a good understanding of the difficulties in Northern Ireland with the protocol and the other issues. I know that it is his desire to move Northern Ireland to the next stage of the peace process to move towards reconciliation, but he recognised that there was a need to deal with these fundamental issues before we could get to that point. I thank him for the work that he has done in that regard. On behalf of my right hon. and hon. Friends, I extend our grateful appreciation.

I also welcome the new Secretary of State, the right hon. Member for North West Cambridgeshire (Shailesh Vara), to his place. I got to know him well when he was a Minister in the Northern Ireland Office and we look forward to working with him in the weeks ahead on the issues that confront us at this time.

I want to respond to the points that have been made in relation to amendment 1 and related amendments, to deal with the question of necessity in particular and the immediacy of the risk that has given rise to the Government introducing this legislation. I understand the points that have been made cogently here. Therefore, it is important, representing one element of the political community in Northern Ireland, to outline why we believe the Bill is necessary. We counsel against impeding the ability of the Government to press forward with this legislation.

On the risk, I echo the comments made by the hon. Member for Aberconwy (Robin Millar). For us as Unionists, there is a risk to the Union in relation to how the protocol is being applied in Northern Ireland. Both the High Court and the Court of Appeal in Northern Ireland have stated that the protocol subjugates article 6 of the Act of Union. That article confers on Northern Ireland citizens the right to trade freely within their own country. It states that there shall be no barrier to trade between the constituent parts of the United Kingdom. No one could reasonably argue that the protocol does not put in place barriers to trade. It most certainly does and I hear that every day from my constituents, whether they are consumers or businesses, and the difficulties that they are facing in trading with the rest of the United Kingdom.

Those difficulties have led to political instability in Northern Ireland. They have had an economic impact in Northern Ireland and I would argue strongly that there is the potential for that to lead to societal problems. We on these Benches have worked hard to ensure that those problems have not arisen. When people have taken to the streets and engaged in violence, we have worked in local communities to prevent a repetition of that. That has been the case across the community. It does not mean, though, that there are not strong feelings, particularly within the Unionist community, about what this protocol means not only for trade, which is important, but for their identity and for their place in the Union. As we have seen over the years in Northern Ireland, when people feel that their identity is threatened, when they feel that their place in the United Kingdom is being undermined, that can lead to societal problems.

The hon. Member for Bromley and Chislehurst has rightly argued that, from his perspective, he is looking to see the immediacy of the risk, but I say to him that it is there, it is very real and I ask him to take on trust from my contacts within the Unionist community that it is bubbling beneath the surface and we have worked hard to try to ensure that that does not emerge.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Debate between Baroness Winterton of Doncaster and Jeffrey M Donaldson

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Wednesday 24th October 2018 Commons Chamber

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

I thank the hon. Lady for her point of order, and I remind everybody that moderation in language and in debate is what we would like to see. This is a very important debate, and perhaps we need to take the temperature down a little.

[Sir Jeffrey M. Donaldson]

If we need to moderate debate because I have called on people to put themselves forward and seek a democratic mandate, I stand to be corrected, but the people of my constituency are looking at the Labour party. More than 60% of the people who voted in my constituency voted for my party at the general election. When I hear Labour Members tell me that they speak more for the people I represent than I do, I am entitled to say that they should put themselves forward in Lagan Valley at the next election. Seek a mandate. Take me on. I am more than happy to contest the Labour party in Lagan Valley. Let us see then whether I speak for the people of Lagan Valley or they do.

--- Later in debate ---

[Sir Jeffrey M. Donaldson]

In respect of—

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

Order. I do not think that the right hon. Gentleman is going to give way, so rather than just shouting at him, I think that we should allow him to continue, because he will be well aware that a lot of other hon. Members want to contribute to the debate.

[Sir Jeffrey M. Donaldson]

I am very much aware of that, Dame Rosie. I have taken some interventions but there is a lot that we need to say and a lot that others want to say, and I respect that.

This issue is important because it is about the principle of devolution. If we truly respect the decisions of this House—which gave the power to the Northern Ireland people, through the Assembly and the Executive, to exercise the right to legislate on these areas of the law —please let us not talk about creating a border in the Irish sea, when we all voted to give Northern Ireland that power. Otherwise, what is the point of devolution? The point of devolution is that the people of Northern Ireland have the right to legislate for laws that affect their lives. It is the same in Scotland and in Wales. That is why we have devolution.

Members of this House say to me, a Member from Northern Ireland, that talking about having different laws in my part of the United Kingdom is somehow about creating a border in the Irish sea; it is not. It is about respecting the principle on which this House agreed—that Northern Ireland has the right to make its own laws in its own legislature as part of this United Kingdom. That is important.

We must respect the devolution principle, not breach it. I understand that this legislation is only about giving civil servants advice and direction; I am not suggesting that it is about changing the law. Nevertheless, we need to be careful because I rather suspect that the hon. Member for Walthamstow does not see this as the end game—not as an end in itself, but as a means to an end. Let us be honest with each other about that. I believe that the hon. Lady sees this measure as a means to an end in changing the law in Northern Ireland. All I am saying—I echo previous comments made today—is that most people in my constituency and in Northern Ireland believe that it is for the Northern Ireland Assembly and Executive to make those laws. My party will therefore vote against new clause 7 because it has the potential to undermine the principle of devolution. I say that without prejudice to the points made by the hon. Member for North Down, which I respect. We are not running away from the issues, court judgments or any of those things. What we are saying is that the proper place to deal with and discuss these matters is in the Northern Ireland Assembly.

In the most recent democratic vote on abortion law of any legislature in the United Kingdom, the Northern Ireland Assembly in 2016—only two years ago—voted by a majority to retain the existing law on abortion in Northern Ireland. Now, I accept that we need to examine the issues. In fact, we have looked at the whole question of life-limiting conditions and we have a working group report that we want to get back to.

Let me return to the core and central point of all this: I listened to the new president of Sinn Féin, Mary Lou McDonald, talking about equal rights, and I pointed out to her in a panel discussion that if the Assembly sat tomorrow and there was a vote on marriage, the Democratic Unionist party would not have enough seats on its own to table a petition of concern. I therefore challenged Sinn Féin that if it believed that this issue is such a pressing one, it should call the Assembly and get the Government up and running. If it believes that this is the priority—if Sinn Féin thinks that health, education, roads and housing should be secondary—it can list it as the first item of business. But it will not call the Assembly and it will not form an Executive. Sinn Féin will not give the people of Northern Ireland, through their elected representatives, the opportunity to address any of these issues.

That is the reality we are dealing with. We can trade arguments back and forward with each other on some of these very sensitive issues, but the reality is that my constituents do not have a Government this evening and are not getting decisions taken that need to be taken because one political party in Northern Ireland is denying not only equal rights but basic rights that impact on the daily lives of my constituents, whether it is their housing rights, their health rights or their education rights. All those rights—human rights—are being impacted. It would be good to hear some hon. Members refer to those human rights that are currently being denied by Sinn Féin, which refuses Northern Ireland the right to have a democratic Government.