Windsor Framework

Alex Easton Excerpts

Tuesday 19th November 2024 Westminster Hall

[Jim Allister]

I agree with that. Of course, the protocol contains an EU cap on the amount of funding that can be given to farming. All the things that the hon. Member says are correct.

All that flows out of one fundamental point: the protocol and Windsor framework mean that, in 300 areas of law, Northern Ireland is now subject to laws made not in this place or in Stormont, but in a foreign Parliament by foreign parliamentarians—the parliamentarians of the EU. That is such an assault on the enfranchisement of our constituents—it is, rather, their disenfranchisement —and on basic constitutional and democratic accountability. It is something, I would suggest, that no Member of this House would contemplate for one moment for their constituents, and yet those of us who represent Northern Ireland, as well as our constituents, are expected to accept that we should be impotent when it comes to making the laws that govern much of our economy.

[Alex Easton (North Down) (Ind)]

I thank the hon. and learned Member for securing the debate. Does he agree that the Windsor framework is ethically flawed in its treatment of businesses and the people of Northern Ireland? In opposing it, Members should take inspiration from Gladstone’s belief that it is never politically right to do that which is morally wrong.

[Jim Allister]

That is a model that I am more than familiar with. It has manys an application, and one such fitting application is here.

Let me return to the issue of the 300 laws. Those are not incidental laws, but laws that shape and frame much of our economy: how we manufacture, package, sell and trade our goods, and much besides. Of particular political significance is the fact that those economic laws are now identical to those that prevail in the Irish Republic. Under the framework, a situation has evolved whereby Northern Ireland and the Irish Republic are governed by identical economic laws in those 300 areas. Of course, that is about building the stepping stone to an all-Ireland economic area, which was always the intent of the protocol. That gives it an added offensive political dimension.

The very concept that 300 areas of EU law—not our law—should be imposed on us, as if we are a colony—because that is what it is like—is offensive in the extreme. Of course, it is said, “Ah, but wasn’t the Windsor framework about protecting the Belfast/Good Friday agreement?” The Windsor framework has driven a coach and horses through the Belfast agreement. The fundamental modus operandi of the Belfast agreement was that, because of Northern Ireland’s divided past, any big or constitutional issues would have to be decided on a cross-community vote—in other words, a majority of both nationalists and Unionists. That is in section 4(5) of the Northern Ireland Act 1998. However, in respect of the Windsor framework, that was expunged.

In a couple of weeks, we will have an astounding situation in which the Northern Ireland Assembly, which elects MLAs—Members of our Legislative Assembly—will be asked to disavow their power to legislate for Northern Ireland in these 300 areas. They were never asked in the first place, but they are now going to be asked, for the next four years or more, to disavow their ability on behalf of their constituents to make laws in those 300 areas and surrender that sovereignty and right to a foreign Parliament and foreign politicians. The laws have not even been dreamt up yet, because in the next four years who knows what the EU will decide is good for itself—and, coincidentally, for us? Democratically elected Assembly Members are meant to vote to sign away their democratic rights, on behalf of their constituents, and endorse whatever comes down the track. Never mind what it is; we are just going to accept it like colonial patsies, which we now are under the protocol.

--- Later in debate ---

[Hilary Benn]

I did listen very carefully. The record will show exactly what the hon. and learned Gentleman said, but I take his point. When it comes to access to materials and goods moving from GB to Northern Ireland, that does happen under the Windsor framework. There are certain things that businesses have to do, but the goods do flow, and it is important to recognise that in this debate. Indeed, 71% of respondents to last year’s Northern Ireland annual trade survey said that dual market access was enabling their business to grow, so we should listen to what Northern Ireland businesses say. We have the Northern Ireland retail movement scheme, the internal market scheme and the Northern Ireland plant health label scheme, all of which help businesses to do business.

One of the gains as a result of the Windsor framework is that UK public health and safety standards apply on the basis that the goods will remain in Northern Ireland. That is a big step forward compared with what was previously the case. The framework has unlocked agreements with the EU on tariff rate quotas, enabling businesses from Northern Ireland to import steel and agrifood products under UK tariff rates. The right hon. Member for East Antrim (Sammy Wilson) referred to the duty reimbursement scheme, but that is now operating. An agreement was reached on human medicines.

We will continue to work with the European Union to implement the Windsor framework in good faith, and to deal with some of the challenges. As hon. Members know, I spend quite a lot of my time dealing with some of the challenges that arise from the implementation of the arrangement. There has been a delay in the arrival of the parcels scheme, which has put back the new, much reduced customs and information requirements. Those will now come into effect next year. We have also reached an agreement with the EU on dental amalgam. Those are all examples of practical ways of making progress.

[Alex Easton]

rose—

[Hilary Benn]

I am about to conclude, but I will give way one last time.

[Alex Easton]

There may have been some progress in certain areas of the Windsor framework, but there are still problems with pet passports for those travelling from the rest of the UK to Northern Ireland, there are still barriers to trade—I recently wrote to the Secretary of State about lorries being turned away from ports—and there are still problems with medication, such as attention deficit hyperactivity disorder drugs. Some people are ordering those goods online, and others are not able to get them at all. There are still substantial issues, and there is still a border down the Irish sea. Does the Secretary of State understand how that makes us feel as Unionists who want to remain part of the United Kingdom?

[Hilary Benn]

I do understand, and I hear the strength of feeling. I have tried to explain why we are in this situation. It is our departure from the European Union that has created every single one of the issues that the hon. Gentleman has just identified. We have to find a practical way forward in honouring the decision that the British people made in the referendum.

Many of the issues that have been identified today could be resolved if we are able to negotiate a sanitary and phytosanitary agreement and a veterinary agreement with the European Union. This Government have come into office committed to trying to do that. The last Government were not committed to doing that. As every hon. Member in the Chamber knows, we will get such an agreement only if we honour the last agreement we signed with the European Union, because why would they give us an agreement if we prove ourselves to be unreliable?

Motion lapsed (Standing Order No. 10(6)).