United Kingdom Internal Market Bill

Antony Higginbotham Excerpts

Monday 21st September 2020 Commons Chamber

[Mr Tobias Ellwood (Bournemouth East) (Con)]

I was not expecting to participate in this debate, but I never thought I would hear a Minister in this Chamber say that we might be breaching international law. I am grateful to Lords Howard and Lamont for quashing the myth that somehow those who speak against part 5 of the Bill are part of a tactic to support the EU or promote a remain cause. We have left the EU already. I voted for it, it was part of our manifesto and I supported that.

This debate is being watched far and wide, and I spent last week speaking to counterparts from my Defence Committee in the United States and to Washington DC, explaining to Senators and Members of Congress—they were bewildered—that we will continue to honour the Good Friday agreement. It is so important that we recognise what we have done in the past and where we are today and that we do not damage our hard-fought reputation.

We do not need the integrated review to understand that the world is getting more dangerous. The threats are getting more complex and more diverse. We are approaching great geopolitical change—an era of danger that we have not seen since the cold war—and at the same time the west is becoming more risk-averse and less consolidated in what we believe in and what we actually stand for. As we fight hard to secure a deal, let us not forget who we are and what we fought for. We are the founding fathers of international democracy and of the rule of law as well, so I am very pleased that the Government have conceded to grant Parliament a vote, were the powers in this Bill ever to be considered, but I am sorry that we have taken a very damaging route to get here.

As we finally conclude Brexit, let us not lose sight of the international moral high ground. The world is once again getting more dangerous. British leading leadership is once again in demand. Let us secure Brexit with our reputation repaired.

[Antony Higginbotham (Burnley) (Con)]

In rising to support the Bill, I want to speak about clauses 40 to 45. I start by quoting from the manifesto that I proudly stood on. It brought not just me to the House, but so many of my colleagues. That manifesto said clearly:

“We will ensure that Northern Ireland’s businesses and producers enjoy unfettered access to the rest of the UK and that in the implementation of our Brexit deal, we maintain and strengthen the integrity and smooth operation of our internal market.”

[Kirsten Oswald]

Will the hon. Gentleman give way?

[Antony Higginbotham]

I will not, because I am short on time. The clauses we are talking about today do exactly what we said in the manifesto. Clause 40 deals with Northern Ireland’s place in the UK internal market. Clause 41 deals with unfettered access. Those should be uncontroversial clauses and they should be uncontroversial because they are explicitly referenced in the protocol itself, which states that

“nothing in this Protocol prevents the United Kingdom from ensuring unfettered market access for goods moving from Northern Ireland to the rest of the United Kingdom’s internal market”.

As we have heard today, the protocol goes on to set out in high-level terms how we avoid a hard border on the island of Ireland, something that I am as committed to today as I was the day I voted for Brexit. We heard eloquently from my hon. Friend the Member for South Ribble (Katherine Fletcher) why that is so important. The protocol also sets out that it is for the Joint Committee to reach agreement on some of the specifics. It delegates decision making to that committee to finesse the detail and act in a way that is consistent with the protocol. The protocol requires both sides to negotiate in good faith, protect the Good Friday agreement and reach a free trade deal, because ultimately that free trade deal is what will prevent a hard border. That is what we are striving for, and that is what the clauses help to do.

However, given the short time before the end of the transition and that no free trade agreement has yet been agreed, we have to give thought to what happens if the EU takes an approach that is not in good faith. What if it takes a maximalist approach to what goods are considered high risk or a maximalist approach to what would constitute state aid that impacts the European Union? The outcome of that decision would not only be a major impediment to Great Britain and Northern Irish trade, but would threaten our own integrity and the Good Friday agreement. Are some seriously suggesting that in that scenario there should not be a means for the UK to respond? Are they suggesting we should look at such a situation, shrug our shoulders and say international law means we must surrender parts of our country?

I heard the concerns from Members on both sides of the Committee about international law, but let us be clear on what we are not doing. I do not think that the language has been helpful. We have heard references to rogue states, to the Novichok poisoning on UK streets and to Hong Kong citizens, but we are not breaking international criminal law. We are not breaking an international treaty on global security. We are not breaking a free trade agreement. We are saying that, having signed up to an agreement to fulfil a democratic mandate to the people of this country, which one side appears to be using to undermine our constitutional integrity, we will stand resolutely as one country in pushing back.

We have values as a country, and yes, those include standing up for an international rules-based system, the rule of law and democratic sovereignty, but when conflict arises, which it can do from time to time, Parliament remains sovereign, and this Parliament will act in the interests of our Union. That position was reaffirmed in our own EU withdrawal Act, which recognised the sovereignty of Parliament. If this Parliament is sovereign, we must act for the constitutional integrity of our country, and for that reason, I will be supporting this Bill.

[Mr Robin Walker]

We have heard passionate speeches from both sides of the debate and from a range of colleagues across the political spectrum in Northern Ireland and across the UK. I will not be able to take interventions because of the short time available.

In response to the specific question from the hon. Member for Sheffield Central (Paul Blomfield), although I will not go into the detail of Joint Committee discussions, I can confirm that we certainly have raised the issue of state aid. We, of course, want to see that resolved through the Joint Committee, as we have repeatedly set out.

I recognise the significant concerns raised by my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley) and others across the Committee, which is why we have agreed that the break-glass provision should be included in the Bill, requiring the House of Commons to give its approval before these measures are commenced. My hon. Friend the Member for Gillingham and Rainham (Rehman Chishti) asked an important question, and we will, of course, ensure that the House has the opportunity to debate matters in full before voting on commencement of these provisions.

As my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) has made clear, if we reach that point, the Government will have to make a persuasive case to the House. We published a statement last week saying that we will ask Parliament to support the use of provisions in the Bill only in the case of the EU being engaged in a material breach of its duties of good faith and thereby undermining the fundamental purpose of the Northern Ireland protocol.

As I set out earlier, let me reassure Members that the Government are absolutely committed to implementing the withdrawal agreement and the Northern Ireland protocol, meeting our obligations to secure the peace process. We continue to work with the EU in the Joint Committee to resolve outstanding issues with the Northern Ireland protocol, as the Prime Minister has set out. However, as a responsible Government, we cannot allow the economic integrity of the UK’s internal market to be inadvertently compromised by unintended consequences of the protocol. The protocol was designed as a way of implementing the needs of our exit from the EU in a way that worked for Northern Ireland, and in particular for maintaining the Belfast/Good Friday agreement, the gains of the peace process and the delicate balance that that reflects between both communities’ interests. It explicitly depends on the consent of the people of Northern Ireland for its continued existence.

We are taking limited and reasonable steps to create a legal safety net by taking powers in reserve, whereby Ministers can guarantee the integrity of our United Kingdom and ensure that the Government are always able to deliver on their commitments to the people of Northern Ireland. As my hon. Friend the Member for South Ribble (Katherine Fletcher) said in an excellent speech, one of those commitments is to the sustained economic growth of Northern Ireland.

These limited steps deliver on the commitments that the Government made in their general election manifesto—the manifesto on which every Government Member was returned. They deliver on the commitments made in the Command Paper published in May, and they deliver on the promises made by this Government and our predecessor to provide unfettered access between Northern Ireland and Great Britain. I therefore urge Members to vote against all amendments, other than those brought forward by the Government, to ensure the peace and prosperity of Northern Ireland and our whole United Kingdom.

Question put and agreed to.

Clause 11 accordingly ordered to stand part of the Bill.

Clause 40

Northern Ireland's place in the UK internal market and customs territory

Amendment proposed: 41, page 31, line 16, at end insert—

‘(1A) When exercising any functions covered by this Part, any appropriate authority has a paramount duty—

(a) to act without prejudice to all international and domestic law, including the Withdrawal Agreement;

(b) to address the unique circumstances on the island of Ireland;

(c) to maintain the necessary conditions for continued North-South cooperation;

(d) to avoid a hard border on the island of Ireland;

(e) to protect the Belfast/Good Friday Agreement in all its dimensions.” —(Stephen Farry.)

This amendment is intended to provide a safeguard so that any actions with respect to Part 5 of the Bill must be consistent with relevant existing international and domestic law commitments, including the terms of the Withdrawal Agreement and its Ireland/Northern Ireland Protocol.