Northern Ireland Protocol Bill

Debate between Baroness Winterton of Doncaster and Stephen Farry

Committee stage
Wednesday 13th July 2022 Commons Chamber

[Stephen Farry]

I beg to move amendment 24, page 3, line 3, leave out subsections (1) to (3).

This amendment removes the designation of Article 5(1) to (4) and Annex 2 of the Northern Ireland Protocol relating to movement of goods and customs, as excluded provision.

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

With this it will be convenient to discuss the following:

Clause stand part.

Amendment 34, in clause 5, page 4, line 14, leave out “the Minister considers appropriate” and insert “is necessary”.

This amendment changes the threshold for giving a Minister power to make regulations under this Clause. The threshold is amended to make it objective rather than subjective.

Clause 5 stand part.

Amendment 35, in clause 6, page 4, line 29, leave out “they consider appropriate” and insert “is necessary”.

This amendment changes the threshold for giving a Minister power to make regulations under this Clause. The threshold is amended to make it objective rather than subjective.

Clause 6 stand part.

Amendment 15, in clause 24, page 13, line 16, leave out from “to” to the end of line 22 and insert

“House of Commons draft affirmative procedure”.

This probing amendment would apply “House of Commons draft affirmative” procedure in place of regulations on tax or customs matters being subject to annulment.

Amendment 16, page 13, line 27, leave out from “procedure” to the end of line 32.

This probing amendment would prevent Henry VIII powers (amending Acts of Parliament by regulations) being made on tax or customs matters using the “made affirmative” procedure.

Amendment 17, page 13, line 34, leave out “draft affirmative procedure” and insert

“super-affirmative procedure (see section (Super-affirmative resolution procedure: general provisions))”.

This probing amendment would replace draft affirmative procedure on tax and customs matters with super-affirmative procedure (see NC5).

Amendment 18, page 13, line 36, leave out subsections (7) to (9).

This amendment is a probing amendment removing the “made affirmative” procedure on tax or customs matters.

Clause 24 stand part.

New clause 4—UK-EU Joint Committee: reduction of sanitary and phytosanitary checks—

“A Minister of the Crown may not exercise any powers conferred by this Act until a Minister of the Crown has sought an agreement at the UK-EU Joint Committee on reducing sanitary and phytosanitary checks and laid a report setting out the details of those discussions before each House of Parliament and provided a copy of that report to the Speaker of the Northern Ireland Assembly.”

New clause 5—Super-affirmative resolution procedure: tax or customs matters—

“(1) For the purposes of this Act the “super-affirmative resolution procedure” in relation to the making of regulations subject to the super-affirmative resolution procedure is as follows.

(2) The Treasury or HMRC must have regard to—

(a) any representations,

(b) any resolution of the House of Commons, and

(c) any recommendations of a committee of the House of Commons charged with reporting on the draft regulations, made during the 60-day period with regard to the draft regulations.

(3) If, after the expiry of the 60-day period, the Treasury or HMRC wish to make regulations in the terms of the draft, the Treasury or HMRC must lay before the House of Commons a statement—

(a) stating whether any representations were made under subsection (2)(a); and

(b) if any representations were so made, giving details of them.

(4) The Treasury or HMRC may after the laying of such a statement make regulations in the terms of the draft if the regulations are approved by a resolution of the House of Commons.

(5) However, a committee of the House of Commons charged with reporting on the draft regulations may, at any time after the laying of a statement under subsection (3) and before the draft regulations are approved by that House under subsection (4), recommend under this subsection that no further proceedings be taken in relation to the draft regulations.

(6) Where a recommendation is made by a committee of the House of Commons under subsection (5) in relation to draft regulations, no proceedings may be taken in relation to the draft regulations in that House under subsection (4) unless the recommendation is, in the same Session, rejected by resolution of that House.

(7) If, after the expiry of the 60-day period, the Treasury or HMRC wish to make regulations order consisting of a version of the draft regulations with material changes, the Treasury or HMRC must lay before the House of Commons—

(a) revised draft regulations; and

(b) a statement giving details of—

(i) any representations made under subsection (2)(a); and

(ii) the revisions proposed.

(8) The Treasury or HMRC may after laying revised draft regulations and a statement under subsection (7) make regulations in the terms of the revised draft regulations if the revised draft regulations are approved by a resolution of the House of Commons.

(9) However, a committee of the House charged with reporting on the revised draft regulations may, at any time after the revised draft regulations are laid under subsection (7) and before the revised draft regulations are approved by that House under subsection (8), recommend under this subsection that no further proceedings be taken in relation to the revised draft regulations.

(10) Where a recommendation is made by a committee of the House of Commons under subsection (9) in relation to revised draft regulations, no proceedings may be taken in relation to the revised draft regulations in that House under subsection (8) unless the recommendation is, in the same Session, rejected by resolution of that House.

(11) For the purposes of subsections (4) and (8) regulations are made in the terms of draft regulations if the regulations contain no material changes to the provisions of the draft regulations.

(12) In this section the “60-day period” means the period of 60 days beginning with the day on which the draft regulations were laid before the House of Commons under section 24 of this Act.”

This new clause sets out the House of Commons super-affirmative procedure for tax and customs matters.

United Kingdom Internal Market Bill

Debate between Baroness Winterton of Doncaster and Stephen Farry

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 29th September 2020 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. We have not done too badly, all things considered. However, after the next speaker, I will introduce a four-minute time limit, so that we can get in as many people as possible. I call Stephen Farry.

[Stephen Farry]

Thank you, Madam Deputy Speaker. Regardless of that, I will try to honour what you just said about the length of speeches. I primarily want to speak to amendment 16, in my name and those of others, regarding the removal of the most offensive and dangerous clause in the Bill—clause 45—and I will touch on some other amendments.

At the outset, I want to be extremely clear: the vast majority of people in Northern Ireland and most businesses in Northern Ireland do not want to see this Government breaking or threatening to break international law, period, and they certainly do not want to see it happening on their behalf. Let us get that straight. The Government are not doing this for the good of the people of Northern Ireland.

The breaking of international law undermines the Good Friday agreement, which is lodged with the UN and is part of international law. In particular, breaking the withdrawal agreement and undermining the protocol does not help our businesses one bit. Instead, it places them in a much more uncertain legal situation for doing business. That is not in their interests, because businesses need to operate in a long-term, sustainable legal framework, especially if they are trading internationally. It risks Northern Ireland being turned into some sort of rogue state.

Whatever happens today, it is important that this House ensures that nothing goes forward in the Bill that either threatens or breaches international law, because it is a very dangerous route to go down. The opportunity exists this evening in new clause 1 and my amendment 16. Any efforts to soften that or put hurdles in place to make the prospect of breaking the law more difficult or push it further down the line defeats the purpose, because the threat is still on the table. That is no way for this country to do business internationally, and it sends a worrying message around the world.

Some of the spin in relation to the Bill is extremely disingenuous. In another debate, we heard references to George Orwell’s “Nineteen Eighty-Four” and doublethink, but the Government are taking that to a new level with some of the arguments used today and previously. In particular, we are told that this is about a safety net for Northern Ireland. I have already made the point that this is anything but that. This is about removing the safety net for Northern Ireland by undermining the Good Friday agreement.

The Minister talked about the businesses of Northern Ireland being supportive of the Bill. That is news to me, and I would certainly be keen to hear who those businesses are. He talked about people who are opposing the Bill wilfully misrepresenting the Good Friday agreement. I was there as part of the negotiations on the Good Friday agreement. I saw John Major, Bertie Ahern and others negotiating the agreement. I saw the role of the United States and the European Union. They understand what is at stake here and what the Government are potentially doing. It is extremely arrogant to suggest that people are wilfully misrepresenting the agreement when we are trying to defend it.

The principle of consent is embedded within the withdrawal agreement. The European Union is very clear and keen that that is the case. We can talk about other consent issues all we want, and if we are doing so, we go back to the very first principle: that Brexit itself was imposed upon the people of Northern Ireland against their will. That is when the issue of consent and pulling away from a carefully balanced set of arrangements began.

Some of the amendments tabled today seek to disapply the Human Rights Act in relation to clause 45. I remind the Government that the Good Friday agreement contains reference to the importance of the European convention on human rights, and the Human Rights Act puts that into domestic effect. The Government are talking about protecting the Good Friday agreement, in their terms, while at the self-same time putting in a clause that undermines it clearly and unambiguously. Indeed, the Northern Ireland Human Rights Commission and the Equality Commission, two institutions named in the Good Friday agreement, have expressed deep concern at the amendments that have been tabled by the Government.

Breaching international law will be a dead end for the Government, and I am not sure what they are seeking to achieve by it. The right hon. Member for Wokingham (John Redwood) talked about those on the Opposition Benches undermining the negotiations. The Government are doing that all by themselves at present. This is not a tenable or sustainable direction of travel. Until the Government withdraw the threat of breaking international law, they are not going to get a proper future relationship agreement, or a free trade deal with the United States. It is no longer just an issue of the Democrats and such people as Speaker Pelosi or Vice-President Biden. We now have Mick Mulvaney, President Trump’s special envoy, echoing those self-same comments. This is now a bipartisan issue in the United States. Whenever the Government have been out-Trumped, that is a very clear message of the danger of the route that they are going down.

In relation to us in Northern Ireland, we have to get the best route possible in terms of the protocol. The protocol is the direct outworking of the UK Government’s decisions around Brexit, so the protocol arises from what the UK has decided to do. It is imposing, essentially, binary choices on a society in Northern Ireland that works only through sharing and interdependence. We do not want any borders, but we have to try to work to mitigate the impact of the protocol. The way we do that is through building the trust and confidence of the European Union, so that we can ask for waivers and other forms of mitigations, not through unilaterally seeking to breach the terms of the protocol.

A very clear example is around the issue of export declarations and other export procedures. As part of the withdrawal agreement, the Government have already recognised that that is the prerogative of the European Union under its customs code; however, waiving that would not really threaten the integrity of the EU’s single market or customs union, unlike some other potential aspects. That may well be a fairly easy thing for the EU to give, but we are not going to achieve that if the Government cannot establish that confidence to work in good faith with the European Union and their partners going forward.

I will make two more points. The first is on new clause 7 from my DUP colleagues in Northern Ireland. As Members may have noticed, the Alliance party does not always follow the DUP on Brexit—indeed, we take radically different positions, including on this Bill—but there is common ground in a number of areas, in terms of trying to ensure that we have unfettered access from Northern Ireland into Great Britain. I recommend that the House approve that amendment if it goes to a vote. I do not think that it does any damage to the protocol or the withdrawal agreement, but it tests on a periodic basis the commitments that the Government are making and that are reflected in the withdrawal agreement itself. I have probably gone on for slightly too long, so I will end on that point.

Budget Resolutions

Debate between Baroness Winterton of Doncaster and Stephen Farry

Monday 16th March 2020 Commons Chamber

[Stephen Farry (North Down) (Alliance)]

rose—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. There are two more speakers, and I hope the remaining two speakers will take three minutes each, in which case we will have time to squeeze both of you in.

--- Later in debate ---

[Stephen Farry (North Down) (Alliance)]

This will be a Northern Ireland double act. In my limited time, I wish to mention the impact of the Budget on Northern Ireland. Spending in Northern Ireland per capita is higher than in most other parts of the UK, but that reflects our legacy of division of violence, and there has been a lack of opportunity to restructure our economy over recent decades. I stress that only three out of 12 UK regions are net contributors to the UK Treasury.

Before the coronavirus crisis, the Northern Ireland economy was struggling to make ends meet—that was a result of 10 years of austerity, as well as of domestic mismanagement, and our failure to reform public services, or address the cost of managing a divided society where there is a lot of duplication. We need to get our house in order, and I welcome our feet being held to the fire in that regard, with things such as the forthcoming fiscal council.

There is an ongoing shortfall of £600 million to begin with, just to keep the lights on, never mind fulfilling the commitments in the “New Decade, New Approach” document. We need assistance and ongoing mature discussion between the Executive and the Treasury, about how we can better finance such issues. As the hon. Member for Strangford (Jim Shannon) said, we have a particular crisis with coronavirus. Northern Ireland is different from other parts of the UK, including in terms of our economy, and although we welcome a lot of the initiatives that were announced over the past week—even tonight I think more money was announced for the devolved regions—it is unclear how far that will go to address our particular circumstances.

There is an issue with our ability to replicate the welcome 100% rates relief for small businesses in Northern Ireland, but that needs to happen. We have a particular dependence on tourism and hospitality, and we must ensure that those sectors are protected and able to survive. It is important that we get through this crisis with our economy in decent shape, and that we do not lose too many businesses along the way. Measures to support businesses and workers are important.

We can learn lessons from what is happening in other jurisdictions. In the Republic of Ireland, the Taoiseach has spoken about support for workers who would otherwise be laid off, and the Government should say to businesses, “We will make up that shortfall. Please don’t lay workers off.” In France, President Macron is offering to ensure that no business will go bust, and those are the types of lessons we need to learn for Northern Ireland. Hopefully, the Chancellor and Treasury will look favourably at that, and have a mature discussion with the Northern Ireland Executive over the coming days, to ensure an economic recovery plan for Northern Ireland.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister, Anneliese Dodds.