Trade Diversion and Windsor Framework

Carla Lockhart Excerpts

Tuesday 4th March 2025 Commons Chamber

[Hilary Benn]

The hon. and learned Gentleman has had quite a lot to say and I have given way to him three times, so I hope he will bear with me while I continue my remarks.

In the past, the idea that the UK would be a country that signed an international agreement and then reneged upon it would have been extraordinary to us all in this House, but that is what happened in very recent living memory, and it is why I put this point to the hon. and learned Gentleman.

The last Government negotiated the Windsor framework. I stood up in the House and supported it. The Opposition supported it at that time, and I voted for it because I genuinely believed that it represented a significant step forward. But if we do not honour the most recent agreement that we have signed with the European Union, why would it wish to reach agreement on what this Government are currently seeking, in particular on an SPS veterinary and agrifood agreement? This Government have come in saying that we want to do that, while the last Government appeared to say, “Well, the trade and co-operation agreement is all we want—we don’t want anything else.” This Government have a very different view: we want to negotiate an SPS veterinary and agrifood agreement, and that would help considerably with some of the issues that have been raised during the debate. The Government will continue to listen to the concerns of businesses and respond pragmatically.

[Carla Lockhart (Upper Bann) (DUP)]

I have listened intently to the Secretary of State’s contribution and I am somewhat bemused by some of what he said. He speaks of businesses in his constituency that are jealous of what Northern Ireland businesses have. What we have in Northern Ireland is increased costs, increased paperwork and impediments to trade. It is increasingly difficult for engineering, agrifood and horticultural businesses in my constituency. I have invited the Secretary of State to visit those businesses, but I am still waiting. I encourage him to come to Northern Ireland and listen to the businesses that are impacted by the protocol and the Windsor framework on a daily basis. I also heard today about two plants that have been added to the ever-lengthening list of plants that are not available to Northern Ireland, well whoop-de-do-da-day—how brilliant and great for Northern Ireland. When are we going to get real and address the real problems that exist with the protocol and the Windsor framework?

[Hilary Benn]

Kind though it is of the hon. Member to encourage me to come to Northern Ireland, as she knows I am in Northern Ireland on a very regular basis and a little while ago I had a meeting with her and two organisations, at her request. I meet businesses on a very regular basis. I met the Northern Ireland Chamber of Commerce and Industry Brexit working group and I always do my level best to respond to requests for visits from colleagues in the House of Commons, including the hon. Lady, but there are only so many hours in the day.

I wanted to point out that the independent monitoring panel, which I met for the first time yesterday, has started its work. Establishing the panel was a commitment made in the safeguarding the Union Command Paper. Its job will be on the basis of the evidence and it will be provided with data on the flow of goods between Great Britain and Northern Ireland to say whether the UK internal market guarantee is being met. The first six-month reporting period commenced on 1 January and will conclude on 30 June 2025, following which the IMP will publish its assessment and any recommendations. I commit to the hon. and learned Member for North Antrim, and all those who contributed to the debate, that I shall consider the report with the same attention to detail that he has shown in forwarding his argument today.

To conclude, this Government are committed to Northern Ireland. They are committed to the United Kingdom and to implementing the Windsor framework in a manner that is consistent with protecting Northern Ireland’s place within our internal market.

Question put and agreed to.

Clonoe Inquest

Carla Lockhart Excerpts

Tuesday 11th February 2025 Commons Chamber

[Hilary Benn]

As I made clear at Northern Ireland questions recently, the Supreme Court issued a judgment on the interim custody orders relating to internment in 2020. The previous Government knew there was a problem and, for quite a long period of time, was unable to find a solution. In the end, the solution—sections 46 and 47 of the legacy Act—has been found to be unlawful, but I have given an undertaking from the Dispatch Box that we are looking at all lawful means to prevent compensation from being paid in those circumstances. I believe that we are taking the right approach to the legacy Act.

On coroners, I say for, I think, the third time that if we have an inquest system that we support and that applies right across the piece, it is not possible to write legislation that says, “We will have the verdicts, judgments and findings that we like, but we will not have the findings that we do not like.” That is a decision—[Interruption.] Independent coroners make those decisions in respect of individual cases. I feel the anger of many Members of the House—[Interruption.] Will the hon. and learned Gentleman let me finish answering the question that he put? I feel the anger that is being expressed in the House, but we have an independent legal system in this country, which is one of the foundations of our freedom.

[Carla Lockhart (Upper Bann) (DUP)]

The IRA itself claimed the terrorists shot by the security forces at Clonoe, describing their actions that night as being “active service”. They had just launched a cowardly attack on Coalisland RUC station, no doubt with murderous intent, but they met real soldiers and they lost. No doubt many innocent lives were saved by the security forces as a result of that evening: these were not innocent people, but hardened terrorists. Does the Secretary of State agree that this was a justified and necessary operation, within the guidelines of military interception, and will he condemn judicial rulings that seek to rewrite history, undermine our security forces and embolden bloodthirsty terrorists who wage war against innocent people?

[Hilary Benn]

I accept the characterisation that the hon. Member has ascribed to the individuals. Clearly, in firing 60 rounds at the police station, we know what their intent was. That was what the Provisional IRA and terrorists on the loyalist side did during the course of the troubles, and we have to speak of that as well. The coroner’s findings are there on the record. Members and public society are perfectly entitled to express a view, and I acknowledge the concerns that Members have raised today. It is a very serious issue, and that is why it falls to the Ministry of Defence to consider the findings and what may follow.

European Union (Withdrawal Arrangements) Bill

Carla Lockhart Excerpts

2nd reading
Friday 6th December 2024 Commons Chamber

[Gavin Robinson]

My right hon. Friend is right. That is where it becomes thoroughly obnoxious for people in Northern Ireland. They say, “Whatever the constitutional views are, and whatever the Labour position on this and the Conservative position on that, why am I being impinged on? Why am I being treated differently? If a workaround is available that allows goods from the Republic of Ireland into the GB market, why is there not one for me?”.

When we talk about market access and the UK internal market system, we are in principle talking about a marketplace—somewhere to both buy and sell, where trade flows in both directions. However, when Government Members talk about market access, they all too often consider one direction only, and not the implications for businesses in Northern Ireland.

I will conclude with a point about the democratic scrutiny mechanism and the vote that is due on Tuesday. The arrangements are a complete inversion of the commitments that were given in the Belfast agreement. They were brought forward following Boris Johnson’s bedazzlement with Leo Varadkar in the Wirral. The protections that were offered to the people of Northern Ireland were stripped away in haste as a result of that political union. It has left us in a position where, even though cross-community support will not be attained, articles 5 to 10 of the Windsor framework will continue.

There is a strong argument, which others have made, that we should not countenance that process with our presence, but as I said at our party conference in September and since, we will be there on Tuesday. If the vote proceeds, we will vote against the continued application of the Windsor framework, in the knowledge that if we demonstrate our opposition, we will not leave anybody on other Benches or in the European Union with the chance credibly to argue, “They weren’t even interested enough to vote—they didn’t even turn up.” With our vote and our voice, we will demonstrate our opposition to the continued application of the framework.

[Carla Lockhart (Upper Bann) (DUP)]

I commend the hon. and learned Member for North Antrim (Jim Allister) for his Bill. It is disappointing that I will not get to make a speech on it; I trust that you will show me a little leniency, Madam Deputy Speaker, in my intervention as I have deliberately not jumped up and down during others’ speeches.

Does my right hon. Friend the Member for Belfast East (Gavin Robinson) agree that those in this House underestimate at their peril the damage caused by the current arrangements? Unionism is reeling at the fact that our mother Parliament has sacrificed and continues to sacrifice Northern Ireland on the altar of political expediency. Unionism has had enough. Businesses and consumers have had enough. They cannot get plants, seeds or trees from GB. They cannot bring in farm machinery, just because it may have British soil on its wheels. They cannot bring seed potatoes from Scotland. All traditions in Northern Ireland—

[Madam Deputy Speaker (Caroline Nokes)]

Order. I think the hon. Lady has made her point. I call Gavin Robinson.

--- Later in debate ---

[Alex Burghart]

No, I do not think I am being impatient, because this is an extremely important subject. We were all aware, when the Command Paper was published earlier this year, that this would need to be done. The framework was in the Labour party’s manifesto, so we assumed that it was making those preparations. It is perfectly possible to put together terms of reference for Intertrade UK within three months, for example. We are not being impatient; such things need to be done for a reason and within a reasonable time. I know that the Minister is alive to the importance of those things, but I hope that she will hurry that work along.

It is clear that under this Government the Windsor framework will continue to run. How successfully it runs will depend on any deals they strike and on whether they are able to uphold the commitments made in “Safeguarding the Union”. However, as Opposition Members have said, the limitations of the Windsor framework, in practical terms and on constitutional principle, are clear. That is why we must continue to seek even better solutions.

The hon. and learned Member for North Antrim and my right hon. Friend the Member for Chingford and Woodford Green talked about the Bill’s central issue: mutual enforcement. During the Brexit negotiations, mutual enforcement was categorised as “magical thinking,” but I think that was an unfair ploy used by people who did not want to do it. It is thinking that has magical potential but it is not magical thinking, because, as my right hon. Friend spelled out, mutual enforcement has already been done. We have seen it work in the EU’s dealings with New Zealand. Significantly, we heard that Monsieur Barnier was open to it, and that people involved in formulating policy at the time have stated again that they know it is deliverable. I just do not want anyone on either side of the House to think that mutual enforcement cannot be pursued; it can and must be. With the good will and the technology, there is no reason why there cannot be a future in which mutual enforcement plays a role.

During the Brexit negotiations, I remember being told repeatedly, as a Back-Bench Member, that there could not be any border checks, any infrastructure, or any checks near the border. However, in recent months we have seen that is not true. We know that it is not true because the Republic is conducting Operation Sonnet, which it is perfectly entitled to do. Operation Sonnet is a series of checks performed by the Garda on people crossing the border to make sure that they are not crossing illegally.

[Carla Lockhart]

I commend the hon. Member on his speech. Does he agree that today, sadly, is a missed opportunity? We had it within our grasp in this place to end the application of EU law in Northern Ireland, to restore Northern Ireland’s place in the UK internal market by removing the Irish sea border, and to address the democratic deficit, but we failed, so we will just have more of the same as of tomorrow.

[Alex Burghart]

I am very glad that the hon. Lady has had an opportunity to make that point.

As I have said, we have seen that the Republic is carrying out checks on the other side of the border, so things that we were told were not possible are. If that is the case, it must open up possibilities for the future. I remain strongly of the view that the Windsor framework with “Safeguarding the Union” is a better solution than the Windsor framework was; that the Windsor framework was a better solution than the protocol; and that the protocol was a better option than the backstop. However, that does not mean that there are not better solutions available.

Those of us who believe in the Union do not wish for a sea border, or for a settlement that infracts the Acts of Union. Mutual enforcement obviously has the potential to be a sensible alternative, particularly if it is backed up by very serious penalties for those who infringe those arrangements. Indeed, in those circumstances, it could be remarkably effective. We would not start from here. We are where we are, but that does not mean that we cannot get back to where we once belonged.

Oral Answers to Questions

Carla Lockhart Excerpts

Wednesday 27th November 2024 Commons Chamber

[Hilary Benn]

I do agree with that. As my hon. Friend and the House will know, the longest waiting lists in the health service in the United Kingdom are to be found in Northern Ireland. That is not acceptable, above all for those people who are waiting far too long. There is a plan for reform, which I welcome, but the people of Northern Ireland want to see progress happening.

[Carla Lockhart (Upper Bann) (DUP)]

Just last week, I attended and spoke at a rally hosted by the Ulster Farmers’ Union in response to the change to agricultural property relief. It was attended by 6,000 farmers, with every political party in Northern Ireland standing together in opposition to the change. When will the Government acknowledge that their figures are not reflective of the average farm, and that this death tax will result in the break-up of family farms as we know them, the selling of land to pay the tax, and the purchasing of devalued land by big businesses that are not interested in using it to feed our nation? Will the Secretary of State outline whether he has shared the concerns of Northern Ireland farmers with the Chancellor?

[Hilary Benn]

I have spoken to the Secretary of State for the Environment, Food and Rural Affairs and a Treasury Minister about this. I understand that the changes are unwelcome and difficult, but given the fiscal position, the Government are having to take difficult decisions. There is, however, a difference of view about how many farms will be affected, and the Treasury estimate is about 500 claims a year. We cannot infer from land values an inheritance tax liability, because it depends on the ownership structure of the farm.

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.

Police Funding

Carla Lockhart Excerpts

Tuesday 5th November 2024 Westminster Hall

[Carla Lockhart (Upper Bann) (DUP)]

I welcome the opportunity to speak in this debate, and I commend the hon. Member for North Down (Alex Easton) for securing his first Westminster Hall debate and for his efforts. I agree with much of what he said. Members will forgive me for continuing to champion the needs of Northern Ireland and highlighting the uplift needed.

The House is well aware that Northern Ireland is running a deficit of an estimated £37 million. The numbers are well below what is safe for policing, and crime is on the increase. It would be remiss of me, as a female MP from Northern Ireland, not to raise the increased attacks on females in Northern Ireland: 42 have been killed in the last eight years, making Northern Ireland the most lethal place in Europe for women.

Drugs, criminality, terrorism and changing crime patterns—especially the rise of cyber-crime—place additional demands on police resources. The recent PSNI-led investigation into Alexander McCartney’s online crimes, which tragically involved hundreds of victims globally, illustrates the massive resources that complex cyber cases require. Traditional crimes are no longer a measure.

Years of tight budgets have left officers facing even greater workloads, but pay has effectively fallen by 25% over the past decade. Low pay and increasing job pressure are driving officers to leave soon after completing training—a costly waste of resources. We have the highest number of officers leaving after their two-year probation. Retention is a major concern in Northern Ireland, but the exodus is not all about money; officers feel demoralised by slow, punitive disciplinary systems and worry about being targeted unfairly. The situation is driving up sickness rates and early retirements due to mental health issues, further straining resources. The PSNI is now grappling with record levels of sick leave and rising medical retirements, with nearly 800 officers off sick on a given day.

There is also the issue of mission creep. As other public services have faced cuts, the police are increasingly called on to fill the gaps, especially with mental health and social care. Officers in Northern Ireland, and across the UK, spend a significant portion of their time in A&E, and the demand from children’s homes is high with calls about children who miss curfew—a task that stretches resources and takes time away from core duties.

What am I getting at? Policing budgets must reflect the wide array of duties that are now attached to policing in Northern Ireland. While there are those in this place—although they are not present today—whose party bemoans the Chief Constable’s ask of the Prime Minister for urgent moneys, I want to say that my hon. Friends and I support him 100%. He does so knowing the crisis point we are at, and because he presides over the crisis. Therefore, I support his asks and trust that the Minister is advocating for such with the Treasury.

There are specific challenges that the Police Service of Northern Ireland faces that differ from those in England and Wales. Unlike police forces in other parts of the UK, the PSNI does not receive funding through a local precept, although we acknowledge that it gets a top-up to help address terrorism threats. Also, unlike its counterparts in England, the PSNI lacks easy access to mutual support from neighbouring forces. When English forces need extra help, they can call on neighbouring teams, which is a very cost-effective and efficient solution. For the PSNI, mutual aid requires extensive planning, which limits flexibility in emergencies, so headcount must reflect that.

Another urgent issue for the PSNI is the compensation bill related to the recent data breach and fines from the Information Commissioner’s Office, which again will deeply impact already stretched budgets. It was bitterly disappointing, but not surprising, that policing in Northern Ireland did not feature in last week’s Budget. UK policing—we accept that this is right across the UK—faces a funding shortfall so deep that it is not just about money and funding now; it is about a thoughtful, strategic funding package. We need to rethink how to resource the police so that they can meet the needs, retain their officers and focus on core responsibilities.

Oral Answers to Questions

Carla Lockhart Excerpts

Wednesday 23rd October 2024 Commons Chamber

[Hilary Benn]

I do. Indeed, raising £113 million was part of the deal that the last Government put in place as part of the £3.3 billion package that led to the restoration—well, that followed the restoration of the Executive. That includes delivering a balanced budget in the current year, and I am very encouraged by the statements of the Northern Ireland Finance Minister in that regard.

[Carla Lockhart (Upper Bann) (DUP)]

The budget sustainability plan is commendable, but does the Secretary of State agree that our public services are in crisis? Our roads are crumbling, we have the longest health waiting lists in the whole of the UK, and our schools need investment. Northern Ireland needs to be in receipt of a fair long-term funding allocation, based on Treasury needs. Will he confirm to the House that he is making the case for that to the Treasury for the people of Northern Ireland?

Northern Ireland City Deals

Carla Lockhart Excerpts

Wednesday 9th October 2024 Commons Chamber

[Hilary Benn]

There is quite a lot of information already available about the two schemes that are going ahead, what they have achieved and what the plans are. I think that is readily available, if the right hon. Gentleman needs it, and I will bear in mind the point he makes about information on the other schemes. He and the House have already heard me say a number of times that clarity as soon as possible would be in the interests of everybody.

[Carla Lockhart (Upper Bann) (DUP)]

The Secretary of State has kindly agreed to meet the council leads in the Mid South West deal area, for which I am a Member of Parliament. Upper Bann, Fermanagh and South Tyrone, and Mid Ulster are all included, but he will note that the other MPs for those areas are absent from this place.

The Secretary of State speaks of partnerships, synergy and the great things that can be achieved. Sadly, in the Mid South West deal area, we are not going to be able to achieve them because the main partner has pulled the plug and paused the deal, which is impacting on infrastructure, tourism and regeneration. Will the Secretary of State assure the House today that he will make the case for the Mid South West area, which is home to over half a million people and a vital economic driver in Northern Ireland within this United Kingdom?

[Hilary Benn]

I have already indicated to the House that I of course give that assurance. As I said in answer to the previous question, all those who have an interest in these schemes progressing and who are concerned about the impact of the pause—the plug has not been pulled, and you cannot pause a plug, but I think the hon. Member will understand the point—should be making the case, too.

Oral Answers to Questions

Carla Lockhart Excerpts

Wednesday 24th July 2024 Commons Chamber

[Hilary Benn]

I pay tribute to the work that veterans and members of the police and the security services did over many years during the troubles in trying to keep people safe from terrorism. I undertake, as part of the consultation that I have already set out to the House, to consult veterans’ organisations.

[Carla Lockhart (Upper Bann) (DUP)]

I welcome the Secretary of State to his position. Will he further outline what discussions he is having with groups and organisations who represent innocent victims? Will he assure the House that in repealing this legislation, there will be no pandering to those who were the victim makers? What meaningful engagement is he having with the Irish Government, who oppose the Act but have disgracefully refused to deal with the many allegations of state collusion with the Provisional IRA? I am thinking specifically about the long-awaited public inquiry into the Omagh bombing.

Northern Ireland

Carla Lockhart Excerpts

Monday 26th February 2024 Commons Chamber

[Carla Lockhart (Upper Bann) (DUP)]

In my approach to the Humble Address, I hope it is in order, by way of introduction, to comment on the “Safeguarding the Union” Command Paper. It has been a very wide-ranging debate, so I assume that that is appropriate.

I acknowledge those within my party who have worked hard to improve the unacceptable situation that we found ourselves in. I welcome provisions including, among other things, the monitoring committee, the East-West Council, the new provisions on rest-of-world products, and the UK Government’s commitment to stand by Northern Ireland in the absence of a resolution on veterinary medicines. The DUP has unfortunately had to take steps, for which it is often criticised, to address the far-reaching implications of the protocol. We have often been blamed for many of the problems that have flowed from that unforgivable move on the part of our Government back when the iniquitous protocol was implemented. I welcome the improvements but, as has been said, there remains much work to be done. I, along with colleagues on the DUP Bench, am all too aware of the work that lies ahead.

I, too, take this opportunity to raise issues of which the Secretary of State will be very aware, including horse movements from GB to Northern Ireland and vice-versa, rare breeds and plants, and so on. All those issues have been raised with me in my role as agriculture spokesperson. I look forward to the engagement that has been promised and to getting results on those issues.

Part of the answer lies in the text of the Humble Address, which tells us that the economic provisions provided by article 6 of the Acts of Union are of “foundational importance”. That is absolutely correct. In the 21st century, being part of the same country means being part of the same internal market, which means that goods can flow freely within it without encountering border control posts, demanding customs, and SPS paperwork and checks that increase costs and can make the difference between whether a domestic economic venture is viable or has to fall by the wayside. Having the right to border-free access within the internal market of the country of which we are a part is certainly, from the vantage point of today, a basic right of economic citizenship.

The really odd thing about today is that although we are gathered here to affirm that article 6 and the rights that it confers are not only important but are, in the words of the Humble Address, of “foundational importance”, on 8 February 2023, paragraph 68 of the Supreme Court judgment ruled that they are in part suspended. We cannot withdraw, even temporarily, anything that is foundational without inviting the structure that it supports to topple, or ensuring that it does so. Part of the partial suspension of the economics provisions under article 6 results in Northern Ireland being cut off from the rest of the UK through a customs border that has to be crossed, whether it is approached through the red lane or the internal market system.

The alternative border experience for customs that constitutes the UK internal market system is actually defined by the Commission delegated regulation EU 2023/1128, which my right hon. Friend the Member for East Antrim (Sammy Wilson) referred to earlier. The formal EU description of that regulation is:

“amending Delegated Regulation (EU) 2015/2446 to provide for simplified customs formalities for trusted traders and for sending parcels into Northern Ireland from another part of the United Kingdom”.

The provisions thus simplify customs formalities, but do not remove them. Rather than removing those movements from the remit of the EU customs code, they have the effect of amending how the EU customs code deals with them.

It is quite extraordinary that the UK Government agree that movements of goods within the United Kingdom should be subject to a border imposed by 27 other states that regulate movements from one part of our country to another through their customs code, regardless of how demanding or undemanding that code is.

[Paul Girvan (South Antrim) (DUP)]

I thank my hon. Friend for highlighting that point. Many goods ordered online and delivered from a GB company make their way into Northern Ireland after being shipped into Dublin at night, so the members of the public who order them have to pay customs to the Republic of Ireland for goods that are to be used within the United Kingdom. That is another area that has not yet been addressed and needs serious consideration.

[Carla Lockhart]

I thank my hon. Friend for making that valid point. The Minister will, in his new role, be extremely busy in dealing with the many remaining issues.

Some might say, “Well, if the EU sought to change the customs code to increase the demands on trusted traders, we could refuse to accept the change.” That goes to the heart of the matter. If we were prepared to refuse such a change from the EU under those circumstances, why would we accept them under the current circumstances, through arrangements that involve the partial disenfranchisement of 1.9 million UK citizens who can no longer stand for election to make all the laws to which they are subject and, under the brake, must instead make do with the right to stand for election to try to stop laws already made for us by a foreign Parliament?

The truth, as was pointed out in the other place, is that the Windsor framework is an invalid treaty. There are rules about what makes a treaty valid or invalid, and one of the most basic is respect for the territorial integrity of states, which involves states renouncing claims to make the laws of other states. The Windsor framework involves 27 states refusing to recognise the territorial integrity of the UK, seeking to divide our country in two, and then claiming the right to make some of the laws for part of our country. In that context, the UK Government should declare the treaty void, and, acting on the determination set out in this Humble Address, declare that article 6 is of foundational importance, and look for the earliest opportunity for Parliament to un-suspend—and thus fully restore— article 6, so that the people of Northern Ireland are not alienated, however temporarily, from any aspect of this provision, which is, as the Humble Address rightly acknowledges, of “foundational importance”.

Many in Northern Ireland have welcomed the restoration of the Northern Ireland Assembly and its ability to deal with health, education and infrastructure. I, for one, will raise many of those issues with our colleagues in the Assembly. I trust that we will see much change in those issues, which have a daily impact. However, we must not paper over the cracks. There remains much work to do. This has been a sensible debate that has allowed many issues to be raised constructively. I look forward to engaging with the Minister on many of these matters.