Windsor Framework

Carla Lockhart Excerpts

Tuesday 19th November 2024 Westminster Hall

[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.

[Carla Lockhart (Upper Bann) (DUP)]

The hon. and learned Gentleman knows where I stand on this issue. I share his concerns about the Windsor framework, the protocol and the impact they are having on businesses, consumers and the constitutional future of Northern Ireland within this great United Kingdom. Does he agree that those parties who hold up the Belfast agreement as the be-all and end-all are the very same people who are now content to allow a majority vote? That has not happened in 50 years, and it runs absolutely contrary to the Belfast agreement, which the protocol is supposed to uphold.

[Jim Allister]

Yes; for the first time in over 50 years, we are going to have a majoritarian vote on a key issue, which, of course, has immense constitutional significance. That is why the Supreme Court of this land had to rule that the effect of the protocol was to put into suspension article VI of the Acts of Union, which is supposed to guarantee us all within this kingdom the same unfettered trade rights. Obviously, if we build a border that partitions and fetters trade, it cannot be said that there are the same constitutional and trading rights. Yet on that fundamental issue, we are going to have a majoritarian vote.

The message to Unionism—it is a very chilling message—is that cross-community votes were only ever about protecting nationalism; they were never about protecting Unionism. Unionists are just meant to suck it up, because this is the way forward. That is unacceptable. On behalf of those who sent me here believing that I was being sent here as a legislator, and sent Members to the Northern Ireland Assembly believing they were being sent there as legislators, I abhor and protest against the fact that in the next few weeks, we will have that obnoxious, obscene vote to remove from the people of Northern Ireland and their representatives the right to have a say in over 300 areas of law that govern them. There has never been a greater act of disenfranchisement of voters anywhere within this United Kingdom. It is wholly incompatible with the basic tenets of democracy.

People say, “How then do we handle the border?” Yes, there is a challenge in an interfacing border between EU and non-EU members, but the way to handle it is not through this constitutional Union-dismantling monstrosity; it is to return to the basic elements that govern much of world trade. We should mutually respect the laws, requirements and trading demands of those with whom we are trading. We should mutually enforce, from one country to another, the standards and requirements of the country to which we are exporting. If we do that, we do not need the Irish sea border, or a border on the island of Ireland. It should be backed up with criminal sanction so that, if someone does trade in breach of the requirements of the recipient country, they face a penalty. That is how it should be done, but it was not done, simply because the EU saw an opportunity to make Northern Ireland the price of Brexit. We continue to pay that intolerable price.

In a couple of weeks, we will be debating my private Member’s Bill, which will address those very issues, and mutual enforcement will be at the heart of it, because that is the way for the Government. I know they inherited all this—maybe with some enthusiasm—but they can now fix it. If they do not, they are saying to my constituents, “You are some sort of second-class democrat. You are not entitled to elect those who make your laws. You must be a subservient rule-taker from politicians who make the laws for you in a foreign jurisdiction.” How insulting is that? Yet that is the essence of what the Windsor framework puts upon us.