Report of the Independent Reviewer for National Security Arrangements 2023

Chris Heaton-Harris Excerpts

Thursday 16th May 2024 Written Statements

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

The role of the Independent Reviewer of National Security Arrangements in Northern Ireland is to monitor compliance with annex E of the St. Andrews agreement 2006, reviewing the relationship between MI5 and PSNI in handling national security matters.

Professor Marie Breen Smyth, the Independent Reviewer of National Security Arrangements in Northern Ireland, has sent me her report for 2023. What follows is a summary of the main findings of the report covering the period from 1 January 2023 to 31 December 2023. Professor Breen Smyth states:

“My contact with MI5 and the PSNI was again largely conducted in person. Policy directions remain consistent with those made in the review period in 2022.

For the first time since records began in 1969, there were no security related deaths in 2023. However, there was an increase in bombing and shooting incidents compared with the previous 12 months. Groups that are not assessed to be a National Security threat, such as loyalist paramilitary groupings, conducted some of these.

A review of the numbers of actual and attempted attacks from 2008 until 2023 shows that the highest number of attacks were conducted in 2010 when the security risk was SEVERE falling consistently through to 2022. The downward trend is apparent in all categories, with the exception of shooting and bombing incidents where there was a rise in the current period. There is a slight increase in the number of people arrested and a moderate decline in the number of people charged.

The year began with the Northern Ireland Related Terrorism (NIRT) threat at SUBSTANTIAL—an attack is likely—having been reduced to this level on 22 March 2022. Attacks by dissident republicans (DRs) have significantly declined since 2009. Nevertheless, dissident republican activity increased in early 2023, including the attempted murder of DCI John Caldwell in Omagh in February.

On 28 March 2023, the NIRT Threat Level was raised to SEVERE—an attack is highly likely. The threat level had been lowered from SEVERE to SUBSTANTIAL in March 2022. Before this, it had remained at SEVERE for over a decade.

The primary target for DR groups remains PSNI and prison officers. Thus, there is a risk of an attack as long as the level of DR activity remains significant. Such attacks are within the capability of DRs and constitute a risk not only to the intended targets such as PSNI officers, but because of their actions they unintentionally place members of the public at risk.

The perceived and possibly the actual risk to PSNI officers was exacerbated by a data breach which took place on 8 August 2023 when the PSNI responded to a Freedom of Information request and inadvertently published officer details online.

The national security threat emanating from DR groups forms only part of the wider security picture. Paramilitary-style attacks, threats and intimidation directed at the wider community emanate from DRs and other republican and loyalist groups as well as serious and organised crime groups.

There has been no significant change within loyalist groupings in relation to the Northern Ireland Protocol/Windsor Framework. Concerns remain in relation to wider constitutional issues perceived to be affecting Northern Ireland. Armed loyalist organisations show no signs of resurgence on this or other issues.

In terms of prospects for the security of the immediate future, violent dissident republicans remain intent on conducting attacks against security targets and the security forces continue to work to disrupt those threats. Despite successful interdictions by them and an almost complete lack of community support for their activities, DRs remain committed to violence as a strategy. As a result, attacks and attempted attacks remain highly likely.

The implementation of the Northern Ireland Protocol/Windsor Framework and perceived consequences for the constitutional position of Northern Ireland remains a significant issues for the Protestant Unionist Loyalist (PUL) community. Discontent within this community has previously been linked with localised disorder as seen in 2021.

As IRNSA I believe that a formal process of paramilitary transition is needed to dismantle the remaining organisations, ending recruitment and taking weapons out of circulation. Whilst compiling the report I discussed recent initiatives in relation to paramilitary transition and how this can benefit the security picture. There will remain a significant organised crime problem, but Northern Ireland has this in common with the rest of the UK and beyond. Ending paramilitarism would clear the path to a focused law enforcement approach, devoid of any political overtones.

Although dissident republicans continue to pose the most significant threat to national security in Northern Ireland, efforts by security partners has meant that the vast majority of the population are able to go about their daily lives secure from the threat of terrorism. Despite this, risks to serving police officers and prison officers persist and constant vigilance remains necessary”.

Summary

Annex E to the St Andrews Agreement

Further to reinforce this comprehensive set of safeguards, the Government confirm that they accept and will ensure that effect is given to the five key principles which the Chief Constable has identified as crucial to the effective operation of the new arrangement.

Independent Commission for Reconciliation and Information Recovery

Chris Heaton-Harris Excerpts

Wednesday 17th April 2024 Written Statements

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 set out the new legal framework for taking forward troubles-related investigations, and provided for the establishment of the Independent Commission for Reconciliation and Information Recovery (ICRIR). The Act was a significant milestone in delivering on our pledge to provide better outcomes and greater information, accountability and acknowledgement to those most affected by the troubles, while also helping society to look forward. I am pleased to confirm that I will be commencing operational functions of the ICRIR as planned on 1 May 2024.

The Government have been supporting the ICRIR as it moves towards operational establishment by developing secondary legislation, as provided for in the legacy Act. We have laid regulations on the holding and handling of information by the ICRIR, in line with section 34 of the Act. In addition, we will shortly lay regulations on the retention of biometric material for the use of the ICRIR, in line with section 35 of the Act.

We will also be laying a second set of commencement regulations at the end of April 2024, which will commence functions of the ICRIR. As part of those regulations, we will include two transitional provisions. The first provision is in relation to criminal investigations of troubles-related offences. Where all that remains to be done on 1 May 2024 is the preparation or completion of the investigation report, or something subsequent to that, then the investigating body may prepare or complete the investigation report, or do anything subsequent to that, between 1 May 2024 and 30 April 2025.

The second transitional provision is in relation to decisions not to prosecute a person for a troubles-related offence taken before 1 May 2024. Where a person requests that the prosecuting authority review such a decision, and as a result of the review the decision is overturned on or after 1 May 2024, the decision is to be treated as if it had been taken under the pre-1 May legal framework. This is provided that the review is ongoing on 1 May 2024 or, if the person requests the review on or after that date, that the person does so within 28 days of the decision.

In taking these actions, the Government are demonstrating their ongoing commitment to implementing the legacy Act and to providing better outcomes for victims and survivors of the troubles by delivering the ICRIR. I welcome the commission’s imminent operational establishment and would encourage all parties to engage fully with it.

[HCWS412]

Fourth Update on New Decade, New Approach

Chris Heaton-Harris Excerpts

Monday 15th April 2024 Written Statements

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

During the passage of the Northern Ireland (Ministers, Elections and Petitions of Concern) Act in the House of Lords, the Government committed to updating the House on progress made on the commitments in New Decade, New Approach (NDNA) we have delivered on to date. The first of these statements was published on 23 March 2022 and this is the fourth statement.

In December 2023, the Government held intensive discussions with the political parties in an attempt to reach agreement on how the Executive can return on a stable financial footing. A comprehensive financial package worth a significant £3.3 billion was agreed. This funding sets Northern Ireland on a sustainable footing with a bright future ahead. Over £700 million of reprioritised and new UK funding streams were made available to the restored Executive for public services transformation which includes NDNA Transformation funding and uncommitted Unique Circumstances funding. This funding is available to the Executive to help transform public services to meet the needs of people across Northern Ireland.

On 31 January, the UK Government published a Command Paper (CP1021) setting out measures to strengthen the UK internal market and Northern Ireland’s place in the Union. Following this, the Northern Ireland Assembly was recalled on 3 February, leading to restoration of fully functioning devolved government in Northern Ireland after a two-year absence.

The UK Government are pleased that devolution has been restored in Northern Ireland and strengthened by a deal that will:

Further protect Northern Ireland’s place in the UK;

Promote and strengthen the UK internal market;

Recognise the importance of the connections across the United Kingdom now and in the future; and

Help put public services on a sustainable footing.

In parallel, we have continued to implement the commitments we signed up to in NDNA. Since January 2020, the UK Government have:

Published four reports on the use of the Petition of Concern mechanism;

Passed the Northern Ireland (Ministers, Elections and Petitions of Concern) Act to implement the institutional reforms agreed in NDNA;

Passed the Internal Market Act 2020;

Held a meeting of the Board of Trade in Northern Ireland;

Held the Northern Ireland Investment Summit which was led by the Department for Business and Trade in partnership with the Northern Ireland Office and Invest Northern Ireland in September 2023;

Announced an £18.9 million investment in NI’s cyber security industry, supporting NI’s development as a global cyber security hub and the target of achieving 5,000 cyber security professionals working in Northern Ireland by 2030;

Renegotiated the Protocol and restored the free-flow of trade from Great Britain to Northern Ireland through a new UK internal market system, ensuring that Northern Ireland remains an integral part of the UK internal market;

Ensured that Northern Ireland can access the trade deals the UK is striking across the world;

Invited representatives of the Northern Ireland Executive to all meetings of the UK-EU Joint and Specialised Committees;

Changed the rules governing how the people of Northern Ireland bring their family members to the UK, enabling them to apply for immigration status on broadly the same terms as family members of Irish citizens;

Appointed Danny Kinahan as the first Northern Ireland Veterans Commissioner in September 2020;

Passed the Armed Forces Act which further enshrines the Armed Forces Covenant in law;

Conducted a thorough review of the Aftercare Service, the purpose of which was to consider whether the remit of the service should be widened to cover all HM Forces veterans living in Northern Ireland with service-related injuries and conditions;

Marked Northern Ireland’s Centenary in 2021 with a £3 million programme of cultural and historical events, including the delivery of the Shared History Fund and schools planting project;

Passed the Northern Ireland Troubles (Legacy and Reconciliation) Act to provide greater information, accountability, and acknowledgment to victims, survivors, and families, through a framework which will deliver effective legacy mechanisms while complying with our international obligations;

Appointed the right hon. Sir Declan Morgan KC as Chief Commissioner of the Independent Commission for Reconciliation and Information Recovery following recommendations from the three Chief Justices across the UK;

Accepted the recommendation for Peter Sheridan to be appointed as Commissioner for Investigations of the Independent Commission for Reconciliation and Information Recovery;

Brought forward regulations to ensure designated Union Flag flying days remain in line with those observed in the rest of the UK;

Recognised Ulster Scots as a National Minority under the Council of Europe Framework Convention for the Protection of National Minorities;

Provided £2 million in funding for NI Screen’s Irish Language and Ulster Scots Broadcast funds, which support a range of film, television and radio programming;

Passed the Identity and Language (Northern Ireland) Act which will encourage and promote respect and tolerance for all of Northern Ireland’s diverse identities, cultures, and traditions;

Established a new hub—Erskine House—in the heart of Belfast, increasing the visibility and accessibility of UK Government Departments in Northern Ireland;

Reviewed the findings of the Renewable Heat Incentive Inquiry Report to consider its implications for the use of public money in Northern Ireland; and

Continued to foster closer ties and better collaborative working across sectors such as tourism, sport and culture, including through the successful joint UK and Ireland bid to host the 2028 European Championships.

To date, the Government have spent approximately over £800 million towards such outcomes as:

Bringing an end to the nurses’ pay dispute in January 2020;

Securing additional funding for the Executive in the 2020-2021 financial year;

The creation of a new Northern Ireland Graduate School of Medicine in Londonderry; supporting the transformation of public services;

Supporting low-carbon transport in Northern Ireland, enabling the Department for Infrastructure to order 100 low-carbon buses which have been deployed in Belfast and Londonderry; and

Addressing Northern Ireland’s unique circumstances through projects and programmes that tackle paramilitarism, promote greater integration in education, support economic prosperity, and support linguistic diversity.

The Government are now working to deliver the financial package agreed with the parties entitled to form an Executive in December 2023, and the suite of commitments as set out in the “Safeguarding the Union” Command Paper published in January 2024. To this end, the Government look forward to working together with the newly restored Executive to deliver for the people of Northern Ireland.

[HCWS394]

Operation Kenova Interim Report: Response

Chris Heaton-Harris Excerpts

Monday 11th March 2024 Written Statements

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

My noble Friend the Parliamentary Under Secretary of State for Northern Ireland (Lord Caine) has made the following statement:

This statement is in response to the publication of the Operation Kenova interim report into the activities of an alleged agent known as Stakeknife, which has just been published by the Police Service of Northern Ireland.

There can be no doubt that the way Operation Kenova has conducted its work since being commissioned in 2016 has gained the trust of many families who have long been seeking answers as to what exactly happened when their loved ones were so brutally murdered by, and on the orders of, the Provisional IRA.

Over 3,500 people from all parts of the community were killed during the troubles and tens of thousands more injured. Over 1,000 of those killed were members of the security forces. Their bravery, courage, dedication and sacrifice in seeking to uphold democracy and the rule of law must never be forgotten.

We must remember too that the vast majority of deaths during the troubles, around 90%, were perpetrated by terrorist organisations—in the substance of this report, by the Provisional IRA.

As this is an “interim” report, I will not comment at this time on behalf of the Government on the detail of the report. It contains several specific, very serious allegations that remain subject to consideration by the courts.

It would not be right for the Government to make any comment on the substance of the interim report until the conclusion of litigation related to it. I note the recent decisions made by the Public Prosecution Service for Northern Ireland in relation to files passed to them by Operation Kenova, which once again go to show how difficult it is to achieve criminal justice outcomes in legacy cases. Due to numerous related civil cases, however, that remain ongoing, it would be inappropriate to comment further at this time. There is also the prospect of appeals against any of the recent decisions made by the Director for Public Prosecutions for Northern Ireland.

I would like to put on record again my deepest sympathy with all the families who lost loved ones during the troubles—including as a result of the actions of the Provisional IRA.

[HCWS324]

Northern Ireland-related Terrorism Threat Level

Chris Heaton-Harris Excerpts

Wednesday 6th March 2024 Written Statements

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

MI5 has lowered the Northern Ireland-related terrorism threat level in Northern Ireland from “SEVERE”, meaning an attack is highly likely to “SUBSTANTIAL”, meaning an attack is likely.



The decision to change the threat level is taken by MI5, independently of Ministers.



This is a systematic, comprehensive and rigorous process, based on the very latest intelligence and analysis of factors which drive the threat.



The fact that the threat level is being lowered is testament to the tremendous efforts of the Police Service of Northern Ireland and MI5 to tackle Northern Ireland-related terrorism.



This positive step reflects the commitment of communities from across Northern Ireland to build a safer place to live and work.



As ever, the public should remain vigilant and report any concerns they may have to the police. There remains a small group of people determined to destabilise the political settlement in Northern Ireland through acts of terrorism.



The Government, police and intelligence agencies will continue to work tirelessly to address the threat posed by terrorism in all its forms. The threat level will be kept under constant review.

[HCWS313]

Omagh Bombing Inquiry: Terms of Reference

Chris Heaton-Harris Excerpts

Wednesday 21st February 2024 Written Statements

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

On 2 February 2023, I announced that I would establish an independent statutory inquiry into the preventability of the Omagh bombing. The Real IRA-perpetrated terrorist atrocity in August 1998 killed 29 people and two unborn children, and injured 220 others. This was a heinous act carried out, not just on the people of Omagh, but on all those in Northern Ireland who supported the peace process.

On 12 June 2023, I announced the appointment of Lord Turnbull KC as chairman of the Omagh Bombing Inquiry.

Since his appointment, I have been working with Lord Turnbull to agree the terms of reference for the inquiry. I can confirm that the inquiry’s terms of reference have now been finalised and are set out in full below.

I have placed a copy of the terms of reference in the Library of the House.

The Omagh Bombing Inquiry is now formally established and able to begin its important work. Its terms of reference are as follows:

Purpose

1. To investigate whether the car bomb detonated in Omagh, County Tyrone on 15 August 1998 in which 29 people and two unborn children were killed could have been prevented by UK state authorities, with particular attention to the matters considered by Horner J. in the application for judicial review, Re Gallagher [2021] NIQB 85.

Scope

2. To the extent necessary to investigate issues relating to whether the Omagh Bombing could have been prevented by UK state authorities, the Inquiry’s investigations will include consideration, individually and collectively, of the following matters:

a. As background and context to the Omagh Bombing, the assessment by UK state authorities of the threat posed in Northern Ireland by dissident republican terrorists from 1 December 1997 to the date of the Omagh Bombing. This shall include consideration of any change in the assessment following the Belfast Agreement on 10 April 1998.

b. The adequacy of the measures taken by UK state authorities, including the police, security forces and Intelligence and Security Agencies, to disrupt those dissident republican terrorists who had been involved in terrorist attacks or attempted terrorist attacks in the period from 1 December 1997 to the Omagh Bombing. This shall include consideration of any change in the measures used or approach taken by UK state authorities following the Belfast Agreement on 10 April 1998.

c. The adequacy of the policies and practices of UK state authorities, including the police, security forces and Intelligence and Security Agencies, in sharing intelligence between themselves and with the authorities in the Republic of Ireland on the activities of those dissident republican terrorists who had been involved in terrorist attacks or attempted terrorist attacks in the period from 1 December 1997 to the Omagh Bombing.

d. The allegation made by Norman Baxter (former Senior Investigating Officer in the investigation into the Omagh Bombing) in the course of his evidence to the Northern Ireland Affairs Select Committee on 11 November 2009, that police investigators into previous attacks in Moira (20 February 1998), Portadown (9 May 1998), Banbridge (1 August 1998) and Lisburn (30 April 1998) did not have access to intelligence materials which may reasonably have enabled them to disrupt the activities of dissident republican terrorists prior to the Omagh Bombing.

e. Information relating to dissident republican terrorist activity said to have been passed to police between June and August 1998 by an alleged British security forces agent known by the name of Kevin Fulton and whether that might reasonably have enabled UK state authorities, whether on its own or in conjunction with other information, to disrupt dissident republican terrorists engaged in the planning and preparation of the Omagh Bombing.

f. The nature of the intelligence said to have been obtained by the UK Government’s Communication Headquarters (GCHQ), including from alleged vehicle and telephone monitoring, of dissident republican terrorists involved in the planning, preparation and conduct of the Omagh Bombing and other earlier attacks.

g. The adequacy of the analysis and handling of and response by UK state authorities to any intelligence obtained by GCHQ, including from vehicle and telephone monitoring, of dissident republican terrorists involved in the planning, preparation and or conduct of the Omagh Bombing and other earlier attacks.

h. The extent and adequacy of steps taken by UK state authorities to track and analyse the mobile telephone usage by those suspected to be involved in dissident republican terrorist attacks before the Omagh Bombing and whether that might reasonably have enabled UK state authorities to disrupt dissident republican terrorists engaged in the planning, preparation and or conduct of the Omagh Bombing.

i. Any other matters which are relevant to whether the Omagh Bombing on 15 August 1998 could have been prevented by UK state authorities. To the extent it is relevant to the issue of preventability by UK state authorities, this may include information sharing and investigations with and by state authorities in the Republic of Ireland.

Method

The Inquiry will examine and review all documents as the Inquiry Chairman shall judge appropriate.

The Inquiry will receive such oral and written evidence, in OPEN and CLOSED, as the Inquiry Chairman shall judge appropriate and follow such procedures as are appropriate to ensure that the Inquiry is effective, taking account of the need to protect national security interests.

Report

The Inquiry will report to the Secretary of State for Northern Ireland as soon as practicable. The Inquiry Report will make such recommendations as may seem appropriate. Given the sensitive nature of the material, the Inquiry Chairman may choose to produce both an OPEN and a CLOSED report.

[HCWS274]

United Kingdom Internal Market

Chris Heaton-Harris Excerpts

Thursday 1st February 2024 Commons Chamber

[Sammy Wilson]

I will not go over the wide range of what is in the Command Paper or the SI, but will focus on some particular points in the SI. It is well known that I do not support this deal or agreement, and I have given reasons why not. It is important that we have the opportunity to examine the detail of it, and the way that this legislation has been hurried through today has not allowed that examination. That is one reason why I will focus just on one particular aspect of it.

When my hon. Friend the Member for Belfast East (Gavin Robinson) was speaking, he talked about the need to get rid of the debris or litter that was still around. The first point I want to make—perhaps the Minister can answer this in summing up—is that a lot of legislative litter is still around as a result of the arrangements put in place for the red lane and the green lane. We have statutory instruments on which I have spoken in Committee on a number of occasions, and EU regulations, including regulation 2023/1231, which gives the EU the right to make the final decision to suspend goods going through the green lane—and, I suspect, the internal market lane —and make the red lane the default position. I wonder when we will see the removal of all the infrastructure around the previous arrangements in the protocol and the Windsor framework. That would indicate that the UK Government were totally in command of goods flowing into Northern Ireland, rather than, as the EU legislation and indeed the withdrawal agreement state at present, the EU having the final say.

Secondly, my hon. Friend indicated that the movement of goods between Northern Ireland and GB was an issue of concern. It is, and indeed it is likely to be an issue of concern in the future, especially since the Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024 make it clear that legislation could be introduced in the House that would impact on trade between Northern Ireland and GB—for example, if the Government decide to change some retained EU law. The only assurance given is that a Minister would have to make an assessment of the impact and report it to the House. But at the end of the day—this is clear in proposed new section 13C of the European Union (Withdrawal) Act 2018—he could make a decision to proceed nevertheless, even though that would likely have an impact on trade.

EU law could be another reason for divergence. We could find decisions made or practices allowed in the EU that put the GB market at risk. That is why we will be introducing the border operating model. The danger is that Northern Ireland goods could get caught in that. I imagine hearing people, including the Minister, saying, “But the legislation prevents that.” It does—on the face of it, we cannot have any border checks for what are called Northern Ireland qualifying goods going into GB. Indeed, local authorities will be informed that trade cannot be restricted, that no barriers can be put up to that trade and that Northern Ireland qualifying goods should have free access. Of course, all the export declarations previously required are to be dropped. However, perhaps the Minister can tell us what is meant in proposed new section 45B of the UK Internal Market Act 2020, which indicates that if goods fall into one of five categories, they will require export declarations.

Leaving that aside, let us look at the situation—actually, it is provided for in this legislation—whereby it is quite clear that the freedoms given for Northern Ireland qualifying goods to sail through into GB are being abused by exporters from the Republic, who bring goods through Northern Ireland and declare them as qualifying goods. By the way, it appears that no evidence has to be given; it will simply be taken on trust when goods are declared to be qualifying goods. I see the Minister is nodding.

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

indicated dissent.

[Sammy Wilson]

Perhaps the Minister can tell us what proof companies will have to give and how onerous that proof will be. What will happen where it becomes clear that there is abuse in goods moving through Northern Ireland into GB? It appears—again, if I am misreading this, perhaps the Minister can explain it to me—that proposed new section 45C indicates that guidance will be given to local authorities, probably through bodies and so on, as to what needs to be done to keep the free flow of goods between Northern Ireland and GB, but proposed new section 46A states:

“The Secretary of State may revise or revoke (in whole or in part) any guidance issued under this section.”

In what circumstances would that guidance be given? If it were given, what would the impact be on the free flow of goods from Northern Ireland to GB, which is more than 60% of our market? It is about those details.

When we have this kind of seal of an agreement, with all the wide-ranging and broad-brush aspects, we sometimes find that when we get down to the detail it falls apart, as happened in the Windsor framework—let us not forget that it fell apart within about two days of the Prime Minister giving the assurances. It is important that we understand all the various scenarios that are being painted in such a detailed SI as this.

First, will the Minister give us an assurance about what is happening to the green lane infrastructure—will the SIs and the EU regulations be removed, or will they stay in place, as part of the Windsor framework, the protocol and the withdrawal agreement? Secondly, what are the five categories of goods that will require export declarations? People need to know. Thirdly, when it comes to the goods flowing into GB, under what circumstances will the border operating model be applied to them? The final point I want to make is this—

Northern Ireland

Chris Heaton-Harris Excerpts

Thursday 1st February 2024 Commons Chamber

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

I beg to move,

That the draft Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024, which were laid before this House on 31 January, be approved.

Getting devolution back up and running has been the principal focus of Government policy in Northern Ireland since February 2022, when the then First Minister resigned. The agreement that I set out to the House yesterday is designed to secure the widest possible support among the community in Northern Ireland for participating in the political process. These regulations should be seen and considered in the context of forming part of a package. This package will safeguard and durably strengthen Northern Ireland’s integral place in the Union and the UK’s internal market, and it will do so by placing commitments in that package into law.

The Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024 affirm, strengthen and future-proof Northern Ireland’s place within the Union, underpinned by the Acts of Union and the terms of the Northern Ireland Act 1998.

[John Redwood (Wokingham) (Con)]

If the Chancellor of the Exchequer wishes to lower the VAT rate or to take something out of VAT altogether, will that be a good law for Northern Ireland as well as for the rest of the UK, and can we now set taxes for the whole country?

[Chris Heaton-Harris]

On the example my right hon. Friend has given of VAT, that has just been done for a number of different things. I believe the latest one was solar panels, but I will check with those in the Box. There are various other products, and I will get an answer for my right hon. Friend. But, yes, is the answer for VAT, and also for tax.

The regulations address the concerns that have been expressed in parts of the Unionist community in Northern Ireland that its status has been diminished. Let me say from the outset of our discussions that what the Government wanted and the Democratic Unionist party wanted, and which we had, was our shared determination to strengthen our Union.

[Conor McGinn (St Helens North) (Ind)]

May I sincerely recognise the efforts of the right hon. Gentleman, his team and his colleagues in achieving what they have achieved over the last week? One of the most encouraging things in the last week is that leaders within nationalism and Unionism have all emphatically said they want to make Northern Ireland work. We all have different views on the constitutional future, and that discussion and debate is ongoing, but if Unionists want to make Northern Ireland work and nationalists want to make Northern Ireland work regardless of that, everyone benefits.

[Chris Heaton-Harris]

I completely agree with the hon. Gentleman. It has been a pleasure to work with all the party leaders over the time I have been Secretary of State. I am absolutely convinced—indeed, I have seen this on a number of occasions—that they can work together behind the scenes. It was striking last February, when Detective Chief Inspector John Caldwell, a police officer, was shot by dissident republicans, how all the political leaders of Northern Ireland came together in such a strong repudiation of that attack. I have seen them work together behind the scenes on a whole host of things, and I know that, when Stormont is up and running, they will be able to deliver strong government, make the right decisions for Northern Ireland and make Northern Ireland a much more prosperous place. I thank him for his intervention, and he is absolutely right.

Again, let me say from the outset that what united the Government and the DUP was our shared determination to strengthen our Union.

[Colum Eastwood (Foyle) (SDLP)]

There was a memorial service on Tuesday for somebody who I think never gets enough credit for his role in the peace process. Peter Brooke once said that Britain had “no selfish strategic interest” in Northern Ireland, and that was later repeated in the Downing Street declaration. Reading the Command Paper, it seems to me that the Government have moved from that position, which I think undermines the Good Friday agreement. They seem to have moved away from the principle of rigorous impartiality. Does the Secretary of State agree with Peter Brooke’s assertion and the Downing Street declaration, or is he moving to a different place?

[Chris Heaton-Harris]

I disagree with what the hon. Gentleman said at the end of his intervention and completely agree with what Sir Peter Brooke said at the time and our commitment to the Belfast/Good Friday agreement in all of its different facets.

I want to stress our determination to strengthen the Union, and the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) has powerfully argued that strong and effective devolution delivering a thriving Northern Ireland within our United Kingdom is the surest way to ensure that this United Kingdom remains united in the time ahead. In taking the steps he has taken, he is delivering far more for the future of Northern Ireland in the Union than any of his detractors.

[Julian Smith (Skipton and Ripon) (Con)]

Can the Secretary of State give a list or summary of what those who are against the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) feel they have actually achieved in their months of campaigning?

[Chris Heaton-Harris]

I would love to be able to outline anything. I have a piece of paper with that on it; oh, it is blank—nothing, absolutely zero.

[Mr Gregory Campbell (East Londonderry) (DUP)]

I am holding up the piece of paper.

[Chris Heaton-Harris]

I am afraid that the back of a postage stamp is too big to write what they have achieved. The right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) has achieved so much in this deal in safe- guarding the Union and his detractors have not come up with anything.

The changes the right hon. Gentleman has secured in these regulations and the other instrument before this House, which we will consider shortly, will further enhance those protections. The regulations end any presumption that there is any form of automatic and unchecked dynamic alignment with European goods rules. Section 7A of the European Union (Withdrawal) Act 2018, the so-called pipeline of EU law, is now expressly subject to the operation of vital democratic safeguards that the Northern Ireland Assembly, when sitting, will be able to exercise, including the Stormont brake. Indeed when— I emphasise when—Stormont begins to sit again and first assembles, I will be able to sign that Stormont brake legislation into law and it will be available to be used by the Assembly as we move forward. When Parliament passed the 2018 Act, it was exercising its sovereignty so that the UK-EU withdrawal agreement could be implemented in domestic law.

[Sammy Wilson (East Antrim) (DUP)]

The Secretary of State indicates that there are now “vital democratic safeguards”—he used the plural term—to guard against EU law, including the Stormont brake. Can he tell us what the other safeguards are?

[Chris Heaton-Harris]

Yes: we have the withdrawal Act itself, and the right hon. Gentleman is sitting in the place that safeguards our laws themselves.

It is right that we are updating domestic law to reflect the fact that democratically elected representatives in Northern Ireland will now be able to reject new and amended EU law and that the withdrawal agreement’s implementation is subject to robust scrutiny.

[Sir Edward Leigh (Gainsborough) (Con)]

The ability of Ministers to govern is already severely constrained by things like the Human Rights Act 1998. What worries me about this is not the deal as such; I am a Brexiteer and want a dynamic and deregulated economy, so what happens when we try to diverge from EU laws? Will some civil servant have to sign this off—will it be a question of “No, Minister” before we even get to the House of Commons? Can the Secretary of State therefore assure me that we will be able to enjoy our Brexit freedoms under this deal?

[Chris Heaton-Harris]

I thank my right hon. Friend for his question, which has been put before. It was put yesterday and it is a genuinely fair question. I can honestly say that this package of measures will not change the freedoms and powers we have secured through leaving the European Union or through the Windsor framework. It will not reduce our ability to diverge or our commitment to do so should it be in the interests of the United Kingdom, and if the legislation does carry significant adverse effects, of course the House would expect the Minister to set out any steps to be taken in response to that assessment.

[Sir William Cash (Stone) (Con)]

As my right hon. Friend may expect, I shall now refer to section 38 and ask him a question about it. On the amendments made under the statutory instrument—which is not by Act of Parliament, of course—the arrangements under section 38 of the European Union (Withdrawal) Act 2020 state that the Parliament of the United Kingdom is sovereign and that its sovereignty subsists notwithstanding section 7A of the 2018 Act, including the Windsor framework. My right hon. Friend will know what I am saying: in practice and in law constitutionally there is the capacity for overriding not only the withdrawal agreement and the protocol but the Windsor framework as a result of what is contained in those words.

[Chris Heaton-Harris]

I note my hon. Friend’s point. As I said yesterday, I hope he recognises what we are doing in this statutory instrument—making Northern Ireland’s place in the United Kingdom a strong addition to the section. As I said to him yesterday, his original clause has been a big part of the solution to this conundrum. I am grateful to him for it and completely understand the point he has just made and thank him for it.

[Colum Eastwood]

From listening to the Secretary of State and reading the Command Paper, we would perhaps think there is only the Democratic Unionist party in Northern Ireland and no people with any other constitutional preferences, but of course there are many people in the north of Ireland who want to see a new Ireland as soon as possible. Despite what might be in the Command Paper and what the Secretary of State and others have said, does he agree that the Good Friday agreement is sacrosanct and that it is absolutely clear that if people vote for constitutional change, that is what will happen—that it is not up to the British Government or anybody else; it is up to the people of Ireland, north and south?

[Chris Heaton-Harris]

Yes, nothing that we are doing here changes that fundamental principle. The hon. Gentleman is absolutely right to make that point and I hope I have clarified it for him properly.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

Further to the point made by the hon. Member for Foyle (Colum Eastwood), the difficulty was that in the eyes of Unionists the Northern Ireland protocol undermined the principle of consent, which is at the heart of the Good Friday agreement. Does the Secretary of State agree that these new measures and the legislation reset the balance so that the principle of consent and the will of the people of Northern Ireland alone will determine the future of our country as part of the United Kingdom?

[Chris Heaton-Harris]

Yes, and I think the right hon. Gentleman and the hon. Member for Foyle (Colum Eastwood) are making exactly the same point, and rightly so. They represent two communities that have governed by consent in the past and what we are doing here today is trying to get government by consent back up and running in Stormont in the future.

[Sir Peter Bottomley (Worthing West) (Con)]

As one who in living memory served as a Minister responsible for the environment and for agriculture in Northern Ireland because the Northern Ireland political process was not working, may I say that, as well as the exercise in syntax and the like in the writing of these instruments, the key point is that the Assembly should be effective and Ministers should come from Northern Ireland doing the jobs we do not want to have to do from Westminster?

[Chris Heaton-Harris]

Anyone who ever becomes Father of the House is obviously wise and well experienced and that was a particularly wise comment from a particularly well experienced hon. Member. My hon. Friend is completely right in everything he said.

Crucially, this legislation will also change the law so that new regulatory borders between Great Britain and Northern Ireland cannot emerge from future agreements with the European Union. That is an important new safeguard to future-proof Northern Ireland’s constitutional status. No Government in the future can agree to another protocol; neither can the UK internal market be salami-sliced by any future agreement with the European Union.

This legislation will also introduce safeguards so that Government Bills that affect trade between Northern Ireland and other parts of the UK are properly assessed. Ministers in charge of such Bills will need to provide— my right hon. Friend the Member for Gainsborough (Sir Edward Leigh) raised this point—a written ministerial statement to Parliament as to whether a Bill would have a significant adverse effect on trade between Northern Ireland and another part of the United Kingdom. If the legislation does carry that significant adverse effect, the House would expect the Minister to set out any steps to be taken in response to that assessment. Indeed, we have Select Committee Chairmen present, and they would expect to do high levels of scrutiny in that space. This is a very good transparency measure that we should all welcome.

[Theresa Villiers (Chipping Barnet) (Con)]

The Secretary of State has repeatedly said that the deal we are looking at today will not prevent Britain from diverging from EU laws, which is obviously welcome. On page 17 of the Command Paper, it states:

“We will also…set out plans to introduce legislation in the spring that would avoid new regulatory divergence between GB and NI on veterinary medicines.”

Is the Command Paper saying that in that area there will be no future divergence?

[Chris Heaton-Harris]

If my right hon. Friend goes through paragraphs 136 to 141 of the Command Paper, she will see us stating that we know that the current situation is not right. We have a grace period that will run out soon, and we want to find a solution similar to the one we found for human medicines. It has been suggested that we set up a working group of experts and people who truly know and care about this subject to look at this matter quickly and come to Ministers and Parliament with a solution that we will take to our European partners and negotiate hard to get, and we want to do that. The situation is not quite as she states; there is a process to get to a point where we have a settled view from this House, and indeed from experts from Northern Ireland in this space, so that we can move forward on this matter. I know it is important to all Members from Northern Ireland.

As I was saying before that intervention, the SI will increase transparency by ensuring that Parliament is presented with evidence of the GB-NI trade impacts of relevant legislation before proceeding with it. The concrete steps we are taking and enshrining in law will deliver clarity to business that Northern Ireland’s unfettered access to the UK internal market will not be threatened by a new regulatory border.

Finally, with this legislation the Government will provide for additional duties and further requirements in statute regarding the operation of an independent review of the Windsor framework, reflecting our steadfast commitment to ensuring that the framework operates on the basis of the broadest cross-community support. As Secretary of State, I will be put under a duty to commission a review within one month of the Assembly having passed a consent vote, but without cross-community consent, and I will be obliged to respond to the report from that review within six months. That constitutes a new and important commitment by this Government. All those steps we are taking are designed to ensure that tangible action is taken off the back of a review and solutions are found. Government Ministers are being placed under a legal duty to raise the contents of the review at the UK-EU Joint Committee on the withdrawal agreement.

[Stephen Farry (North Down) (Alliance)]

Can the Secretary of State provide a little further clarity about the independent review of the Windsor framework? He will appreciate the spectrum of views on the Windsor framework, and it is worth stating that most people in Northern Ireland, most elected representatives and most businesses are pragmatic about it, although there are those who are opposed to it. Can he assure us that it will be a genuinely independent review that takes on board the full spectrum of opinion, not least in the context of the Assembly potentially having confirmed at that stage ongoing support for the Windsor framework?

[Chris Heaton-Harris]

I can give the hon. Gentleman that confirmation. It will be for Ministers to make sure that the panel is completely independent.

[Paul Girvan (South Antrim) (DUP)]

On the regulatory issues in Northern Ireland, several laws have been passed in Europe—we hear that up to 300 have gone through since we agreed to leave—and some of those are already in place in Northern Ireland. As part of the review, is it possible to look at those that have been implemented to make sure that we get rid of those that we can? That mechanism should be in place.

[Chris Heaton-Harris]

The review will be based on the entirety of law, but essentially it has to look forward. The hon. Gentleman is right that there is always a pipeline of European Union law. I was a Member of the European Parliament for 10 years, and I saw at first hand the quantity of law that came from the European Union. The point I would make to him is that had we been able to get to this place earlier, we would have had the Stormont brake in operation earlier, and Northern Ireland Assembly Members might well have been able to trigger the Stormont brake and see it in action. I very much hope that we will see it in action in the future to demonstrate its worth in this space.

[Gavin Robinson (Belfast East) (DUP)]

It is worth making the point that while the Secretary of State is right in his response on the review, which was the subject of the rightful concern raised by my hon. Friend the Member for South Antrim (Paul Girvan), he is also right to focus on the democratic scrutiny and accountability mechanism. That is not before us today, but it has been legislated for and it was a change to the Northern Ireland protocol.

The Secretary of State will also know that in this statutory instrument, there is a proper amendment, being made here in the UK Parliament, to section 7A of the European Union (Withdrawal) Act 2018, which relates in particular to that pipeline. To give a sense of how regulations have been changed through this process, on Tuesday evening when the European Union and the UK Government reached agreement on what was contained in the red lane for rest-of-the-world products, 60 pages or more of legislative text and change were published that show the benefits. Not only has this legislation dealt with regulatory barriers that could be created in the future; as part of the overall package, some of those barriers have already been removed.

[Chris Heaton-Harris]

I could not have put it better myself. The hon. Gentleman is knowledgeable about the subject and has been well involved in the negotiations behind the document and the statutory instruments we are talking about. He is 100% right.

[Sir William Cash]

Does my right hon. Friend, who himself was on the European Scrutiny Committee, recognise that we are constantly monitoring these things? Indeed, the hon. Member for Belfast East (Gavin Robinson) is on that Committee.

[Chris Heaton-Harris]

I had the pleasure of serving for five years on the European Scrutiny Committee under the wise chairmanship of my hon. Friend, and he is absolutely right. That scrutiny is what this House does best. The Select Committee system is there to scrutinise all aspects of legislation, what the Government do and what comes our way. I know his expertise, having experienced it.

When we were members of the European Union, wading through the hundreds of different explanatory memorandums that came the Committee’s way was quite a job and quite a responsibility. One of the commitments we have made is that we will make sure that information is freely available to Assembly Members in Northern Ireland—when they take their seats—to ensure that they can undertake democratic scrutiny of proposals that might well affect Northern Ireland, so that they have the information they need to use the Stormont brake, should they so choose. Scrutiny is a vital part of all this.

[Jim Shannon (Strangford) (DUP)]

The Secretary of State and everyone on these Benches will know that over the past two years, I have done lots of consultation and had lots of discussion with party groups, community groups, the Orange Order, those in the NHS and many other people as well, seeking their opinions. From all that comes where we are today. I suspect that this legislation is not the fulfilment of everything we would wish to see, and with that in mind I ask one question.

The constitutional legislation and the legislation to secure our place in the internal market are here, but I and my constituents retain some level of concern, so I press the Government for more assurance. It was highlighted yesterday that European laws might be overruled by the Government, but that wording suggests they may also be accepted, allowing Northern Ireland to diverge. I want the answer, Secretary of State. Does the last word lie in this place, or does it lie with the EU when it comes to making those decisions?

[Chris Heaton-Harris]

Actually, for an element of law that would be triggered by the Stormont brake, I think the biggest say would be with Assembly Members, though this place—Parliament—is sovereign, and the hon. Gentleman will know that this place has already chosen for Great Britain to diverge from Northern Ireland. That has happened on the matter of animal welfare and livestock exports, and for good reason: Northern Ireland has a land border and a vociferous and lively trade in live animal exports with the Republic of Ireland, and were we to extend the ban in Great Britain to Northern Ireland, that would affect the export of about 3,500 cattle, 1,700 pigs, 337,000 sheep, and so on. Those are the figures for livestock moved to Ireland from Northern Ireland in 2022. This place already makes such decisions and it will continue to do so.

[Sammy Wilson]

The Secretary of State is at odds in making that argument. That is one argument that the Minister for Food, Farming and Fisheries made in saying why Northern Ireland should be excluded, but the reason given was that, because Northern Ireland is part of the EU single market, there could not be discrimination between cattle being transported to the Republic of Ireland and cattle being transported thousands of miles away to the south of Italy. That is the real reason why this House once again found itself subservient to EU rules in Northern Ireland.

[Chris Heaton-Harris]

I am afraid that the right hon. Gentleman is completely wrong. I know that he has written to my right hon. Friend the Minister for Food, Farming and Fisheries—I have his reply, which I was copied into—expounding that some sort of carve-out should be made. But this is on the basis of a range of international agreements and their core principles, and that includes the World Trade Organisation. As good a Eurosceptic as I am, I am careful not to blame the wrong organisation for the wrong things. We have signed up to World Trade Organisation rules, and we benefit from those rules. One element of this issue is World Trade Organisation rules, and he is picking the wrong thing to point his finger at. Those rules prevent discrimination against different countries in all sorts of ways, and they are important, vital rules. I am afraid that on this particular point, he is completely wrong.

I have long been clear to right hon. and hon. Members that I serve in the Government proudly as a Unionist. I am pleased that the regulations, which I commend to the House, will address the concerns expressed by part of the community in Northern Ireland in past years that our Union of nations has been somehow diminished as a whole. The regulations demonstrate that the Government have listened so that trust can be rebuilt, so that people and businesses can be reassured that they are in the UK’s long-term future, and so that we can see Northern Ireland’s political institutions restored.

[Julian Smith]

We are obviously debating the regulations, but may I point right hon. and hon. Members to annex A of the Government’s “Safeguarding the Union” Command Paper, which provides an excellent summary of the historical context of the Acts of Union, including article 6? Many keyboard warriors across Northern Ireland—I am not sure what they have achieved in the last eight months other than to create a whole kerfuffle—would be well advised to read it. They would see that none of the Acts of Union is under threat in any way.

[Chris Heaton-Harris]

I thank my right hon. Friend for making that point. He is right that a lot of noise and heat have been generated in many ways by people who have done absolutely nothing in this space. They are trying to cloud the reality that he expressed and which we have set out in annex A for everybody to see. I very much hope that right hon. and hon. Members will welcome the progress we have made in delivering the agreement by supporting the passage of these regulations and that, in coming days, they will join me in welcoming the return of Stormont, so that the Assembly and the Executive may serve the people of Northern Ireland once more.

[Jim Shannon]

I thank the Secretary of State for being generous in giving way. As he knows, I always try to be constructive. It is for all the people out there, including my constituents, who have concerns and probably do not have trust in the Government, for genuine reasons—forgive me, but we have been let down on a number of occasions—that I ask the Secretary of State to reiterate this once again; my apologies for asking him to do so. With his hand on the Dispatch Box—we all know what that means and are aware of the duty of his position—will he answer in simple terms for my constituents: does this deal constitute the renewal of our place in the constitutional and economic United Kingdom of Great Britain and Northern Ireland as fully and as completely as any other area in this great UK?

[Chris Heaton-Harris]

I believe that it does—100%.

[John Redwood]

Someone wanting to send goods from GB to NI would naturally expect to use the new internal market lane—the green lane. Who decides whether they would not be allowed to do so? Would it be the EU, the UK Government or the Stormont Executive?

[Chris Heaton-Harris]

It is the UK Government in that area.

[Ian Paisley (North Antrim) (DUP)]

Further to that point, in respect of paragraph 96 of the Command Paper, will the Secretary of State outline whether he expects further SIs in the pipeline to give full effect, impact and clarity to the issues raised in this wide-ranging document?

[Chris Heaton-Harris]

We will give legal direction to the Department of Agriculture, Environment and Rural Affairs on these matters. We will use other legal instruments for the deal, but it is for us to give legal direction to DAERA on that point.

[Colum Eastwood]

We all accept that the DUP had a particular issue about all this, but does the Secretary of State accept that it is not good practice in Northern Ireland to have a one Government, one party process? Will he commit in the future to having a much more inclusive process for dealing with these types of issues?

[Chris Heaton-Harris]

I thank the hon. Gentleman for that point; he makes it fairly. To be honest with him, there was one party that was staying out of government, and that party represents a community. I did try to keep him as updated as I could throughout the process, as we have done with the other political parties, but I needed to talk more to the party we needed to persuade to go back into government.

In future, I will always try to treat everybody equitably, but I hope the hon. Gentleman understands that I had to ensure there was an agreement that the Democratic Unionist party could stand behind so that I could start to rebuild the trust—the hon. Member for Strangford (Jim Shannon) used the word “trust”—that had been lost between the Democratic Unionist party and the United Kingdom Government. That is something we had to do between the two of us.

[Colum Eastwood]

I am grateful to the Secretary of State for giving way again. I think it has to be understood that there are more people in Northern Ireland than just the DUP and Unionism. I think nationalism feels that north-south has been undermined by the massive emphasis put on east-west. I ask him to think carefully about that. For me, the Command Paper undermines the Good Friday agreement, undermines north-south, and goes far too far in the direction of the DUP’s thinking.

[Chris Heaton-Harris]

The hon. Gentleman is a friend of mine, so I hope that he does not mind my disagreeing with him on this. The Command Paper will, I hope, deliver the restoration of Stormont: the most important strand 1 institution of the Belfast/Good Friday agreement. It will also allow for Ministers to be appointed to the North South Ministerial Council: an important institution in a different strand of the Belfast/Good Friday agreement, which could then function properly. What the Command Paper does is allow for all strands of the Belfast/Good Friday agreement to start humming again as they should. He will have to forgive me, but I must disagree with him on that point.

[Sir Robert Buckland (South Swindon) (Con)]

I am grateful to my right hon. Friend for being so generous. Does it not all boil down to this? As is outlined in annex A, it is important to distinguish between Northern Ireland’s “integral place” constitutionally within the United Kingdom and its internal market, and the access it has to the single market as a result of its unique position. Those two words—the difference between access and its constitutional place—are what we really need to focus on when trying to square this circle.

[Chris Heaton-Harris]

I agree with my right hon. and learned Friend, the Chair of the Northern Ireland Affairs Committee. He makes an important point eloquently, as ever.

Mr Speaker—sorry, Madam Deputy Speaker, it is very nice to see you in your place, and I am sorry I did not see you come in—the regulations undoubtedly will strengthen Union. It is for that reason, and more, that I wholeheartedly and unequivocally commend them to the House.

--- Later in debate ---

[Hilary Benn]

We have seen quite a lot of disruption to arrangements in recent years, have we not? The point I tried to make a moment ago was that our departure from the European Union caused a problem. Everybody knew that there would be a problem between Northern Ireland and the Republic, because of the open border that everyone continued to support. I think I said last week that it was about the only thing in Brexit where there was agreement. If there is a problem, we have to find a way through it. What we are grappling with here, and have done previously and may do in the future, is how to solve that problem, which is the result of a democratic decision taken by the British people.

Turning to these particular regulations, part of them updates previous legislation to include references to the Windsor framework, which came after those pieces of legislation, or reaffirms for clarity the existing legal position. I welcome the prohibition made by regulation 2(3) of any agreement with the EU that would

“create a…regulatory border between Great Britain and Northern Ireland.”

However, if we were to form the next Government, Labour would seek to negotiate a sanitary and phytosanitary agreement with the EU with the intention of removing checks on animals, food and plants, not only between GB and NI, but between the whole of the UK and the EU. That would benefit farmers, food businesses, the horticultural industry in Northern Ireland and the rest of the United Kingdom.

Regulation 3 amends section 7A of the European Union (Withdrawal) Act to include a reference to the Stormont brake procedure and the democratic consent vote. I note that the Secretary of State said that the Windsor Framework (Democratic Scrutiny) Regulations 2023 passed by Parliament last March, which I think he said he had signed, will take effect once the Assembly is back up and running.

[Chris Heaton-Harris]

indicated assent.

[Hilary Benn]

I see that the Secretary of State is nodding. It is also important to remind ourselves of the significance of those regulations and the democratic checks that they will create. The Stormont brake will be available to the Assembly when the EU seeks to amend or replace existing EU goods legislation in annex 2 of the framework. The Windsor framework gives a new role to the Assembly to approve or reject any proposed new EU legislation being added to the framework. I note that page 47 of the Command Paper states that the full operational details for the Stormont brake will be set out “in writing” for the Assembly. Can the Secretary of State confirm when that will happen and what form it will take, so that we in the House can see it?

--- Later in debate ---

[Chris Heaton-Harris]

With the leave of the house, I will answer a few of the points that have been raised. We have heard a wide and varied range of contributions on all aspects of the regulations from Members across the House. In my closing remarks, I wish to take the opportunity to address those points.

First, I thank the right hon. Member for Leeds Central (Hilary Benn) for the way that he has approached everything we have done. He asked a few questions, which I shall try to answer. He talked about these measures and how we will be protecting the European single market with this package. What these measures also do, which is unbelievably important, is protect our internal market at the same time. [Interruption.] I know that the right hon. Gentleman knows that, but I just wanted to emphasise the point, because it is important. He asked for an example—I think that it is in proposed new section 13C introduced through the regulations—of where there would be a significant adverse effect. I can refer him best to the example I gave of the Animal Welfare (Livestock Exports) Bill, where there is an obvious advantage to Northern Ireland to be different, which we took on board. He very kindly showed some ankle on Labour’s position on our future relationship with the EU. Can I beg him to continue to do that? While we all enjoy a good political debate—I will not go too far into this point, because we are in a consensual place—we would very much like to explore exactly what Labour’s position is on European Union free movement and a whole host of other things.

[Carla Lockhart (Upper Bann) (DUP)]

The right hon. Member makes reference to the fact that, within the legislation, there is now a safeguard around significant disadvantage towards Northern Ireland and significant adverse effect. Does he not agree, though, that the significant adverse effect is very subjective? It has no concrete definition and section 13B allows the Minister to go ahead anyway, even if it does cause a significant adverse effect.

[Chris Heaton-Harris]

I thank the hon. Lady for her question. Before I answer it, may I say that I owe her an apology, because I completely misheard her question yesterday? I was having trouble hearing her—I think it might be my age, but hopefully it was the microphone—so I wanted to apologise for not answering her question properly. I disagree with her and I think a written ministerial statement allows this place to scrutinise what the Minister is doing and to allow more transparency.

I also wish to make a point—I hope that I will not punch a bruise here—about the intervention of the hon. Member for North Antrim (Ian Paisley) on the right hon. Member for Leeds Central. The hon. Member for North Antrim said that tariffs between GB and Northern Ireland would be acceptable if they were the will of the Parliament. I disagree. I think a £3 tariff on Bushmills would not be that great. None the less, all of the arrangements in the framework are given full effect by the will of this Parliament, and so, by his definition, it must be completely acceptable. I thank him for his support.

Question put and agreed to.

Resolved,

That the draft Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024, which were laid before this House on 31 January, be approved.

Northern Ireland Executive Formation

Chris Heaton-Harris Excerpts

Wednesday 31st January 2024 Commons Chamber

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

With permission, I will make a statement on Northern Ireland Executive formation.

This Saturday would mark two years without a fully functioning devolved Government in Northern Ireland. That is two years without locally elected Ministers able to take important decisions on Northern Ireland’s schools and hospitals and the broader economy, and above all, it is two years in which Northern Ireland has been held back from achieving the massive potential of this unique part of the United Kingdom.

It was nearly two years ago that the then First Minister resigned over the old Northern Ireland protocol. The Government recognised that the protocol did not deliver to the people of Northern Ireland the same freedoms that leaving the European Union delivered for the rest of the United Kingdom. As the party of the Union, this Conservative Government have sought to address those concerns by replacing the protocol with the Windsor framework. I maintain that the Windsor framework was, and is, a good deal for Northern Ireland that addresses the issues around the old protocol and sets out a new way forward. However, it alone did not prove sufficient to allow the devolved institutions to function with the cross-community support that is such an essential bedrock of the Belfast/Good Friday agreement.

As such, for the past few months, my team and I have been holding discussions with the Northern Ireland political parties on how we could see the return of devolved institutions. Those discussions have been long and necessarily tough, but that is testament to the patience of all Northern Ireland’s political leaders, who—as I have seen at first hand—work tirelessly to make sure that Northern Ireland is the most prosperous and safe society it can be. One of the people I have been talking to most is the hon. Member for Belfast East (Gavin Robinson). It has been a pleasure to work with him on these matters, and it was also a pleasure to confirm recently that the Government will support his Bill that seeks to create a dedicated route for eligible Irish nationals who wish to apply for British citizenship. If passed, that legislation would support the close historical and geographical ties between Ireland and the UK, and I commend him on championing that cause.

I am also pleased to be able to outline today the package of measures we are announcing, which has four key elements. First, it further protects Northern Ireland’s place in the United Kingdom by demonstrating our commitment to restoring power sharing so that it has the broadest support from across the community in Northern Ireland. I know that I am not alone in believing firmly that the long-term interests of the Union are served by persuading those who might not vote for Unionist parties, or even think of themselves as Unionists, that Northern Ireland within the United Kingdom offers the best solution for them and their children. I have always believed that making Northern Ireland work—indeed, making Northern Ireland thrive—is the surest way to safeguard the Union, and I commend all Unionists on taking bold steps to make that case for the Union, too.

We will also legislate to reaffirm Northern Ireland’s constitutional status, including as reflected in the Acts of Union. We will also recognise in domestic law that, with the vital democratic safeguard of the Stormont brake that a new Assembly would wield, the idea of automatic and permanent dynamic alignment of EU law no longer applies. We will also future-proof Northern Ireland’s position within the UK’s internal market against any future protocol that would create a new EU law alignment for Northern Ireland, and with it, barriers between Northern Ireland and the rest of the United Kingdom.

Secondly, the deal promotes and strengthens the UK internal market, delivering new legislation to guarantee and future-proof unfettered access for Northern Ireland goods to the whole of the UK internal market, and ensuring that internal trade within the United Kingdom takes place under a new UK internal market system. Only yesterday, we saw how quickly progress has been made, with a joint legal solution reached with the European Union on tariff rate quotas. That solution, which will be taken forward at the next UK-EU Joint Committee, will ensure that Northern Ireland traders can benefit from the UK’s independent free trade policy when importing agrifood goods, reflecting Northern Ireland’s integral place in the UK’s customs territory. To maintain that focus on delivering in the interests of businesses for the future, we will put in place new structures, such as a new independent monitoring panel to ensure a practical and pragmatic approach without gold-plating.

Thirdly, the deal will recognise the importance of the connections across the United Kingdom, now and in the future. A new UK-wide east-west economic council will bring businesses and Ministers together to identify the opportunities that unite us across all parts of the United Kingdom, and a new body—InterTrade UK—will promote and facilitate trade within the United Kingdom, recognising that while international trade is important, so too is the vital trade that occurs within our internal market.

Finally, the deal will help put Northern Ireland’s public services on a sustainable footing, with funding totalling over £3 billion to support public services in Northern Ireland and provide a solid foundation for the Executive to deliver better outcomes in the day-to-day lives of the people in Northern Ireland. That funding is part of a financial package I announced before Christmas that will help address public sector pay pressures; provide an updated Barnett formula for Northern Ireland, now and into the future, reflecting the needs and unique circumstances of the people of Northern Ireland; and give the Executive significant funding to stabilise public finances.

Much of what I am announcing today is the result of a significant period of negotiations between the Government and the Democratic Unionist party, led by the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson). Many of us in this Chamber last week could not have failed to be struck by his unshakeable advocacy on behalf of the Unionist cause. That same determination, fortitude and tact was at the heart of his approach during those detailed discussions, and further to the right hon. Member’s comments in this place last week, I am absolutely sure that the whole House will join me in expressing support for him in utterly condemning those shameless figures who have tried to threaten and intimidate him for simply doing his job. [Hon. Members: “Hear, hear.”] The right hon. Member is a man who is truly committed to Northern Ireland. He is truly committed to the Union, and has always worked hard to find solutions and improvements when others have taken the far easier path of simply criticising and heckling from the sidelines.

The result—as I hope hon. Members will agree—is a deal that, taken as a whole, is the right one for Northern Ireland and for the Union. With this package, it is now time for elected representatives in Northern Ireland to come together, end the two years of impasse and start work again in the interests of the people who elected them. This week, the right hon. Member for Lagan Valley was clear that this depended on the Government demonstrating their commitment to the Union, not just in word but in deed. That is exactly what we will do. Today, I am publishing the details of the deal, but I am also laying before the House the statutory instruments that enshrine several of its commitments in law. Those instruments will be debated in this place tomorrow, subject to a change in its future business with the will of the House, as an immediate show of good faith.

Once those instruments are passed by this House, as I hope they will be, I trust we will have the conditions to move onwards and to see Ministers back in post in Stormont swiftly. As those Ministers take their places, they will face massive challenges, but they have the tools to grasp those challenges, not least in moving to resolve the public sector pay issues that have been so disruptive. They will also be able to grasp the opportunities offered by Northern Ireland’s unique economic position and the good will that it enjoys across the world.

It is only right that I acknowledge that, for many in the community, an important part of this will be seeing Michelle O’Neill take her place as First Minister following the democratic mandate she won at the May 2022 Assembly election, recognising that the First and Deputy First Ministers remain equal in law. I look forward to working with the new First Minister and Deputy First Minister and all their colleagues in the Northern Ireland Executive to improve the lives of people from all backgrounds, whether Unionist, nationalist or other. As we move forward swiftly to give effect to our commitments, I urge the parties to do the same thing by notifying the Speaker of the Northern Ireland Assembly to recall Stormont, electing a First Minister and Deputy First Minister, and appointing new Ministers to the Executive.

It is time to build on the progress of the last 25 years. Today, we have presented a plan that will deliver the long-term change that Northern Ireland needs. It will strengthen Northern Ireland’s place in our Union and guarantee the free flow of goods across the entire United Kingdom. It is only by sticking to this plan that we will become a more united and prosperous country together, and I commend this statement to the House.

[Mr Speaker]

I call the shadow Secretary of State.

[Hilary Benn (Leeds Central) (Lab)]

I am grateful to the Secretary of State for advance sight of his statement.

This is a very significant moment. It is our chance to restore to the people of Northern Ireland what they desperately need but have been without for almost two years: a functioning Government. It will also mark a first in Northern Ireland history when Michelle O’Neill takes up her position as Sinn Féin First Minister in a power-sharing Government with a DUP Deputy First Minister. I would like to thank the Secretary of State for his tireless efforts that have brought us to this point. His is a great achievement.

I would like to acknowledge the courageous and decisive leadership of the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), who in the face of abuse has consistently and persuasively made his case for change, while always being clear that he wanted to return to government with an agreement that was acceptable to all communities. I also want to thank the other party leaders in Northern Ireland—and I join the Secretary of State in doing so—who, with great wisdom, have allowed the time and the space for this deal to be reached, as well as to express my thanks to all the officials involved.

On the legislative changes that the right hon. Gentleman the Secretary of State has set out, I welcome the Government’s commitment not to ratify any new Northern Ireland-related agreements with the EU that would create new regulatory borders. This will be a helpful brake on divergence. Could the Secretary of State say when the new UK internal market lane will come into being?

We will of course examine in detail all the proposals in the statutory instruments to which the right hon. Gentleman referred—I understand that we are likely to debate them tomorrow—because we need to get on with this so that the Assembly can be recalled and the Executive established as quickly as possible. I have always made it clear that we believe in Northern Ireland’s place in the internal market of the United Kingdom, and that we support any practical measures to reinforce it that are consistent with the Windsor framework, which we also support, and that have the support of nationalists as well as Unionists. On that basis, we will vote for the legislation.

The money that the Secretary of State has announced, including the needs-based funding formula and the stabilisation funding, will enable a restored Executive and Assembly to give public sector workers a pay rise, for which they have waited too long, and to start to tackle the huge challenges facing communities and public services and make the most of the great economic potential of Northern Ireland. We also welcome the plans to defer and then write off Stormont’s overspend, provided that the Executive produce a new fiscal sustainability plan. How quickly does the right hon. Gentleman expect the money to be transferred, and when does he think the new Executive will produce a budget?

Finally, as we reflect on the importance of this moment, since the Good Friday agreement was signed the people of Northern Ireland have been without a devolved Government for over a third of the time. Does the right hon. Gentleman agree with me that we need to work together—all of us in the House—to prevent the institutions from collapsing again in the years ahead? Stability is everything, especially to the people of Northern Ireland after all they have been through, and we all have a duty to ensure that it endures.

[Chris Heaton-Harris]

I thank the shadow Secretary of State for his very kind words and for all the work he has done with me on these matters. I really do appreciate the way we have been able to work together. It has contributed to our getting to this point and it has made a big difference, so I thank him for that.

The shadow Secretary of State is completely right that everyone in this House will need to work together to ensure stability for Northern Ireland and to ensure that the institutions do not fall again. It is vital that we all understand the responsibility that sits with us in this place: we are guarantors of the Belfast/Good Friday agreement. We have a responsibility to the people of Northern Ireland, and in every way we should consider that in everything we do, because this Union is stronger for it.

The shadow Secretary of State asked some questions. We hope to have the UK internal market lane in operation as soon as possible, and we obviously need some legal changes—I mean, other changes—to have that done. The money will flow as soon as the new Executive is up and running, and I very much hope that a new Executive will be sitting very soon.

[Mr Speaker]

I call the Chair of the Northern Ireland Affairs Committee.

[Sir Robert Buckland (South Swindon) (Con)]

I warmly commend the hard work of my right hon. Friend—and good friend—the Secretary of State. It is only a week ago that we passed legislation to extend the election period, and heard the impressive and powerful speech of the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson). He has demonstrated, with his colleagues in the DUP, that to lead is to choose and to make difficult decisions. They have done that, and I think respect and praise are due in large measure for their hard work.

I am particularly pleased that the Command Paper incorporates many of the sensible recommendations from the hon. Member for Belfast East (Gavin Robinson), which we share, on further legislation to make sure that the position of Northern Ireland within the UK internal market is absolutely cemented. I am particularly pleased that the Command Paper looks forward to new investment—not just the important investment in public services, but the enhanced investment zone proposal of £150 million, which will be at the centre of how we attract new inward investment to realise the huge potential that Northern Ireland presents for jobs and the economy both here in the UK and across the wider world.

It is tempting for this Parliament, once it passes the secondary legislation, to say that the job is done, but we cannot afford to devolve and forget. Will my right hon. Friend assure me that this Government will not devolve and forget?

[Chris Heaton-Harris]

I thank my right hon. and learned Friend for his welcome for this package of measures. It is a package, and it has been negotiated over a long period of time, with a better understanding of all the things that Northern Ireland needs to be an active and wonderful part of the Union. I welcome his comments on the investment zone, and he is absolutely correct in what he said at the end. Northern Ireland will never be forgotten in this place, and I hope we are demonstrating that today.

[Mr Speaker]

I call the SNP spokesperson.

--- Later in debate ---

[Richard Thomson (Gordon) (SNP)]

Can I just say on behalf of my party that we very much welcome the progress that has been made? We are firmly of the view that Northern Ireland is governed best when it is governed locally, and we welcome the publication of the Command Paper.

I would like to take this opportunity to recognise the distance that has been travelled by all parties in getting to this point, but we were brought to this point by a failure of politics around the manner in which the UK chose to leave the European Union. Now that the politics has moved on, it is time for the politicians in Northern Ireland to step up, and we wish the MLAs well in that endeavour and look forward to seeing the First Minister and the Deputy First Minister taking office in what will be a very significant moment in history for all in these islands.

The Secretary of State describes his party as being the party of the Union, and I say to him that it has not gone unnoticed in other parts of the Union that Northern Ireland has for some time had the offer of a status, in its access to the UK market and to the European market, that other parts of the Union are now deprived of. I am sure that voters will draw their own conclusions from that.

I want to ask two questions. When might the details of any new fiscal framework emerge? While I would like to take this opportunity to welcome the new east-west economic council, can the Secretary of State clarify what role there might be for the other devolved institutions in these islands to make that new council as successful as it possibly can be?

[Chris Heaton-Harris]

I thank the hon. Gentleman for his questions, his welcome and his help in the past few weeks and months, which has been much appreciated. Again, it has helped us to get to this place. He is right to recognise that Northern Ireland is a special place, and has a special place as the only part of the United Kingdom with a land border with the EU. In the past, that has created disadvantage, but we hope it will create advantage for it in the future. Everyone recognises that; it was recognised in the Windsor framework and, as he will see, in various choices we are making in the Command Paper.

On the fiscal framework, I very much hope that the incoming Northern Ireland Executive and Ministers responsible will work with His Majesty’s Treasury in great detail to make sure that we get that absolutely right. I have never conducted a negotiation with His Majesty’s Treasury in that sort of way, but I imagine that it has quite tight pockets, is very difficult to get hold of and probably would not want ongoing commentary. However, I am sure that it will make the matter as public as it can, when it can. Finally, on the east-west body, it is important that it works with all parts of Great Britain.

[Julian Smith (Skipton and Ripon) (Con)]

I congratulate my right hon. Friend on his patience on this deal, as well as the Prime Minister and the DUP on negotiating such a tough and positive document. The Northern Ireland parties have been incredibly patient through the past months, and I pay tribute to them. I put on record my thanks to the Labour party and the shadow Secretary of State for Labour’s support for the Government’s deal. This deal will be a huge relief to many across Northern Ireland, who have got to the end of their tether, whether the issue for them is public services, waiting lists or other elements of society. Does the Northern Ireland Secretary agree that the deal is a significant boost to the economy, to peace and to the Union?

[Chris Heaton-Harris]

I thank the former Secretary of State for Northern Ireland for his kind comments. Yes, I absolutely believe that this deal will bring greater prosperity to Northern Ireland. When I was given this role, I was, in essence, given three tasks by our Prime Minister. The first was to help him find a route through the Northern Ireland protocol conundrum, and that became the Windsor framework. The second was to try to get Stormont up and running, so that local people make decisions for their fellow people in Northern Ireland, and I would like to think that we are getting there. The third was to make Northern Ireland one of the most prosperous parts of our United Kingdom; I think we can all agree on that aim.

[Gavin Robinson (Belfast East) (DUP)]

On occasions such as this, it is courteous to thank the Minister or Secretary of State for the statement, but may I, on behalf of my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) and my party, thank the Secretary of State most sincerely for his steadfast endurance in our negotiations, for his commitment to ensuring that we got to this stage, for not giving up, and for resolving the issues that have been an impediment to devolution operating sufficiently and properly in Northern Ireland? He will know that on Monday evening and into Tuesday morning, my party took a significant decision to move forward, on the basis of what we know to be in the Command Paper published today.

Although we were told that the Windsor framework could not be reopened, we have succeeded. Although we were told that there would be no change to the green lane, it is gone. We were told that there would be no removal of barriers to trade between GB and Northern Ireland, but we have removed all checks within the UK internal market system, save for those ordinarily required for dealing with criminality and the prevention of smuggling. We were told that there would be no legal change to the Windsor framework or the EU text, yet—this was part of the process of ensuring trust and commitment—colleagues will have noticed the publication just yesterday of more than 60 pages of legislative changes to text on the European perspective. That will allow rest-of-the-world products and the benefits of UK-wide trade deals to truly be available UK-wide.

We are very grateful to the Secretary of State and to the Prime Minister, who was here earlier, and we are grateful for the offers of support and commitment from His Majesty’s loyal Opposition and the Leader of the Opposition. We are grateful for having got to this place today. We have turned the impossible into the possible, and are delivering the undeliverable in this Command Paper. We are hopeful for the future, but the Secretary of State will know that our position is predicated on full and faithful implementation and delivery of what we have achieved. Today’s Command Paper and yesterday’s legislative changes were published; in the spirit of the trust that we have established, and given the process that needs to flow, I would be very grateful if he could indicate that tomorrow, subject to what the Leader of the House does, we will see the introduction and passage of the legislation that is so crucial to this programme.

[Chris Heaton-Harris]

I thank the hon. Gentleman for that. As I mentioned in my statement, he has been integral to what has been happening over the past few weeks and months. I really do enjoy working with him, and am looking forward to doing so in the future. He mentions a host of things. He is right to say that the Command Paper is clear: we will provide clear legal direction to the Department of Agriculture, Environment and Rural Affairs and other UK Government authorities to eliminate any physical checks when goods move within the UK internal market system, save for those checks required as part of managing the risk of criminality, abuse of the scheme, smuggling and disease.

The hon. Gentleman knows more than anyone that the deal is about safeguarding Northern Ireland’s place in the Union. We have set out what that involves. It includes new measures in domestic legislation to affirm unfettered access and Northern Ireland’s constitutional position, as well as new structures, and steps to ensure that the full benefits of the Windsor framework are felt by people and businesses. As is shown by the draft tariff text that he mentioned, we can continue to show the joint solutions that the UK and EU can deliver under the Windsor framework. He asked me a very specific question about the timetable. I am committed to the timetable, as are the Government. Everybody in this House should know that. In all transparency, it is unbelievably important that, with the leave of the House, we get the business changed, so that we can debate those two statutory instruments and they can be passed. They are a fundamental part of the timetable that leads to Stormont’s return.

[Theresa Villiers (Chipping Barnet) (Con)]

I welcome the progress made towards the restoration of power sharing, and thank the Secretary of State and the DUP for their dedicated work on that. I am sure there will be much to welcome in the papers published today, which we will need to scrutinise carefully in the 30 or so hours before we are asked to vote on them. However, one thing that we know that they do not contain is a removal of Northern Ireland from single market legislation. Will the Secretary of State ensure that the Government commit to continuing the dialogue with the EU, so that we can amend the Windsor framework, and restore democratic control over law making in every part of our United Kingdom?

[Chris Heaton-Harris]

I thank my right hon. Friend—one of the longest-serving former Secretaries of State in this House—for her comments and questions. She is absolutely right in all she says. The Command Paper, which I do hope people will have the opportunity to read before tomorrow, contains quite an amount of detail on the deal. It is a comprehensive deal. The statutory instruments tomorrow are just two small parts of a much wider package of items in the deal; this is all outlined and detailed in the Command Paper. To answer my right hon. Friend’s question, she will also see an important change that we intend to make to section 7A of the European Union (Withdrawal) Act 2018; it now has a powerful democratic safeguard in the Stormont brake, which the new Assembly will have immediately at its fingertips.

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

As the Members behind me know, I was married in County Armagh at the very height of the troubles, and I heard the explosions and saw the huge bomb damage. Tragically, my wife’s family lost a number of friends in the troubles. I served for 12 years in the Scottish Parliament, so I have some knowledge of devolution. May I therefore ask the Secretary of State to make possible the maximum liaison between a restored Stormont—Godspeed to that—and devolved institutions such as the Scottish Parliament, so that the maximum benefit can be drawn from responsible working devolution?

[Chris Heaton-Harris]

I thank the hon. Gentleman for his question; he is absolutely right. I know of his history and the story about his wife, which he has mentioned to me a number of times. I thank him for his interest in all things Northern Ireland and all things Union. In fact, there is a body, the British-Irish Council, that does exactly what he suggests, at the highest level. Hopefully, at the next meeting of the British-Irish Council, the First Minister and Deputy First Minister of Northern Ireland will attend with representatives of all the other devolved Administrations of the United Kingdom.

[Sir William Cash (Stone) (Con)]

The proposed legislation is of great constitutional significance, yet it is merely a statutory instrument and not an Act of Parliament. What restrictions on its lawmaking has the EU agreed over the single market in Northern Ireland? What democratic improvements are being made to the Stormont brake in Northern Ireland to ensure divergence, and to enable the United Kingdom Government to remove or veto the imposition of EU laws?

[Chris Heaton-Harris]

I thank my hon. Friend for his question. He and I have had a number of discussions over the years on these sorts of matters, and his question is a very wise one. As I mentioned, we are amending section 7A of the European Union (Withdrawal) Act 2018, so there is now a powerful democratic safeguard on the flow of EU law, which a new Assembly will have immediately at its fingertips. I thank my hon. Friend, because I know about the work that he did to ensure that section 38 was included in the Act. I hope he recognises that we are adding Northern Ireland’s place in the United Kingdom, which is a strong addition to section 38 of the European Union (Withdrawal) Act 2020. Indeed, his original clause has been a big part of the solution to this conundrum, and I am truly grateful to him for it.

[Sammy Wilson (East Antrim) (DUP)]

Despite the gains made by my party leader and deputy party leader in these negotiations, the fact remains that there are still EU-manned border posts being built in Northern Ireland, which will create a border within our own country. When the Northern Ireland Assembly sits, Ministers and Assembly Members will be expected by law to adhere to and implement laws that are made in Brussels, which they will have no say over, no ability to amend and no ability to stop. That is a result of this spineless, weak-kneed and Brexit-betraying Government refusing to take on the EU and its interference in Northern Ireland.

The Government have admitted that there will be divergence in the future. On page 17 of the Command Paper, there is an indication that there will be a legal requirement to assess whether new legislation impacts on trade between Northern Ireland and GB. If it does, Ministers have to make a statement. We have had the Minister of State, the right hon. Member for Wycombe (Mr Baker), saying only this week that that does not mean that the UK Government cannot introduce laws that diverge from the EU laws that apply in Northern Ireland. Which is it? Is Northern Ireland going to find that it has the ability to stay tied to the United Kingdom, or will the Government happily proceed to change laws here in Westminster, regardless of the impact it has on Northern Ireland?

[Chris Heaton-Harris]

I thank the right hon. Gentleman for his question, but some of the points he made were actually incorrect. In the Northern Ireland Protocol Bill, we said that there would be checks on goods going into the EU single market. I think that every piece of legislation we have proposed in this place has said that, but it will be UK folk operating the UK internal market scheme. Today, on the fourth anniversary of our leaving the European Union, I can tell him that the agreed package of measures will not change the freedoms and powers we have secured through Brexit or the Windsor framework. It will not reduce our ability to diverge, nor our commitment to do so, should it be in the interests of the United Kingdom.

The right hon. Gentleman refers to clause 13C in one of the statutory instruments. A whole swathe of things happen behind the scenes before a Bill is brought before this House. One of them, which the hon. Member for Belfast East (Gavin Robinson) has complained to me about before, is something we call the parliamentary business and legislation committee, or PBL. We do a Star Chamber of Bills, and the Secretaries of State for Scotland, Northern Ireland and Wales attend to state whether there is any adverse effect of the legislation being mooted. What the right hon. Gentleman rightly asked for is transparency and the publication of a written ministerial statement when there is the possibility of a significant adverse effect on GB-NI trade. Publishing a written ministerial statement is not in any way what he says it is.

[Richard Drax (South Dorset) (Con)]

May I congratulate my right hon. Friend and the DUP? Clearly, this is still a highly emotive issue, and understandably so, because when we left the EU, I, the House and the country were promised that we would leave as a United Kingdom. Northern Ireland is part of the United Kingdom but, as we have heard, it will still be subject to EU laws, so that axe is still grinding away and we must get rid of it. What is unhelpful is Sinn Féin’s whispering about unification at this highly emotive time. Can my right hon. Friend tell me, the House and this country that Northern Ireland will always be part of the United Kingdom? We are stronger together.

[Chris Heaton-Harris]

I have to tread slightly more carefully on that particular issue, because as Secretary of State I am responsible for making an independent assessment of the conditions that might lead to the border poll to which my hon. Friend alludes. I have to be very careful, but I am comfortable suggesting that, certainly in my lifetime, Northern Ireland will be a strong and wonderfully prosperous part of the United Kingdom. However, it is very important to outline the parts of the Belfast/Good Friday agreement that allow for all these things to happen, and any change would absolutely depend on the consent of both communities at the time. I certainly do not think anybody judges that to be in place at this point.

[Colum Eastwood (Foyle) (SDLP)]

It is important to point out that the people of Ireland, north and south, will decide the constitutional future of Ireland—nobody else. This is a very good day for the people of Northern Ireland, and I am very glad to see it. We are about to see something very significant: we will have the first ever nationalist First Minister and the first ever nationalist leader of the opposition, and I wish them well. In order to properly maintain this progress and make the most of it, will the Secretary of State convene a process with all the political parties and the Irish Government to look at how we can reform the institutions of the Good Friday agreement, to make sure that no one party can ever pull them down again?

[Chris Heaton-Harris]

I thank the hon. Gentleman for welcoming the proposal. He mentioned at the very beginning of his question that the Belfast/Good Friday Agreement relies on the consent of both communities and then suggested reform, which certainly does not have the consent of one of them. However, I understand the point he makes. When people have asked me about future reform of the institutions, I have always said that this is a conversation that should be started within Stormont and by the people of Northern Ireland and their elected representatives. The thing I hope for is not that particular conversation; it is for Stormont to be returned so that elected folk from Northern Ireland can govern for the people of Northern Ireland.

[Priti Patel (Witham) (Con)]

It is absolutely vital that the democratic institutions and lawmaking powers are returned to the elected politicians in Northern Ireland, and today is clearly very historic and symbolic. At the same time, however, we know that Northern Ireland’s economic lifeblood is linked to the rest of GB, and I concur with the rest of my colleagues who have spoken on this issue. It is vital that we ensure not only that there is the ability to diverge and have the freedom to secure Northern Ireland’s economic lifeblood, but that the prosperity of Northern Ireland remains. May I ask the Secretary of State to ensure that we have the full ability to do that, and that it will be backed up by this Government in Westminster?

[Chris Heaton-Harris]

My right hon. Friend is absolutely right. I am delighted to give her the assurance she seeks, because this announcement will reduce neither our ability to diverge, nor our commitment to do so should that be in the interests of the United Kingdom.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

Many of us welcome this day and hope that the restoration of Stormont is possible. If the Government are capable of removing trade barriers with the European Union for the constituents of Belfast, many of my constituents would like to see them do the same for them. May I press the Secretary of State on what he said about amending section 7A of the European Union (Withdrawal) Act 2018, because he will know that is the foundation of the practical application of the Belfast/Good Friday agreement that many of us hold dear. His Command Paper talks about the “pipeline of EU law”. Can he clarify for the avoidance of doubt that any amendment he makes will not see any regression at all in the rights upheld in that document, and in particular the rights afforded to every single member of the communities in Northern Ireland in the wording of the Good Friday agreement and under the European convention on human rights?

[Chris Heaton-Harris]

Yes, I absolutely can.

[Sir Jacob Rees-Mogg (North East Somerset) (Con)]

May I thank my right hon. Friend for his statement and the hon. Member for Belfast East (Gavin Robinson) for his important endorsement, which is encouraging? May I ask my right hon. Friend about paragraph 145 of the Command Paper? Can he give an example of the circumstances in which a Minister might say that there would be an effect on the internal market and what that might restrict in practice?

[Chris Heaton-Harris]

Off the top of my head, I cannot give an example, because I have not yet needed to do that in the PBL—parliamentary business and legislation committee—as I have stated. The practical effect is one of transparency. I am aware that there are many Select Committee Chairs in this place. We want to ensure that when a Bill potentially has a substantial adverse effect on GB-NI trade and we are making those decisions, we are transparent about it and we tell people about it. The best way to do that is to inform this House through a written ministerial statement.

[Mr Gregory Campbell (East Londonderry) (DUP)]

I thank the Secretary of State for his statement. I remind him that we have been pressing the Government for action rather than words for more than two years, but we welcome the fact that action has been taken, both on trading and the constitutional position. Does he agree that subsequent to the next few days, we need to continue to work to close the narrow gap that remains? We have made significant and substantial progress towards what we asked the Government to do. Will he also indicate to the wider community in Northern Ireland that even when someone gets a large number of votes, such as Sinn Féin, if they have a mantra that their day will come, it will also go with less fanfare?

[Chris Heaton-Harris]

I very much agree with the hon. Gentleman. I see all politics as a process, actually. All politics is an evolution. In the Windsor framework, there is provision for when matters are discussed about Northern Ireland in the Joint Committee—the body that looks at the EU-UK relationship, legislation and its effect—that the First Minister and Deputy First Minister can attend. We are not only moving on through Stormont returning, but we are ensuring that Northern Ireland’s voice is heard and that that process can continue.

[Mr Laurence Robertson (Tewkesbury) (Con)]

Given everything that the Secretary of State has said, can he assure the House that article 6 of the Act of Union, which guarantees that everybody within that Union shall not be disadvantaged in any way, particularly with reference to trade, is still in place and will remain so?

[Chris Heaton-Harris]

I point my hon. Friend to the very large section and annex in the Command Paper on the Acts of Union. I know my colleague the shadow Secretary of State dug out the Acts of Union to read them in relation to this business. There are many bits of the Acts of Union that we would not really want to have now, because they introduced tariffs of their own, but I ask my hon. Friend to look at the annex in the Command Paper where we go into great detail on exactly the answer he wants.

[Jeremy Corbyn (Islington North) (Ind)]

We thank the Secretary of State for his very welcome statement, and we take the opportunity to congratulate Michelle O’Neill on becoming the First Minister and all the other parties that have managed to bring this agreement about. Does he think that this agreement will lead to an increase in all-Ireland institutions and their effectiveness—in culture, tourism, transport, health and so on—and does he agree with the point, made by the hon. Member for Foyle (Colum Eastwood), that ultimately it is for the people of Ireland to decide their long-term future, not anyone else?

[Chris Heaton-Harris]

On the second point, it is for the people of Ireland and Northern Ireland to decide their futures in that particular matter. I remind the right hon. Gentleman that there is a little way to go in this process before we have the First Minister and Deputy First Minister sitting, and this is an important part of that timetable, but we welcome that happening. He asked about all-Ireland institutions. This agreement means that those institutions set up by the Belfast/Good Friday agreement, such as the North South Ministerial Council, can function correctly, and it also sets up new east-west bodies to ensure that Northern Ireland’s place in the United Kingdom is equally recognised and made stronger.

[Richard Graham (Gloucester) (Con)]

May I join the shadow Secretary of State in hugely welcoming this great achievement by the Secretary of State, by the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) and by all the other party leaders with whom he successfully agreed to re-establish devolved Government at Stormont? As the son of a Northern Ireland Unionist family, I believe it will only be good for the stability and prosperity of Northern Ireland and the United Kingdom. Can my right hon. Friend confirm when the internal market levy and the changes to tariffs on goods from countries with which the UK has a free trade agreement will come into place?

[Chris Heaton-Harris]

I thank my hon. Friend for his kind words. The factually correct answer is probably that those measures will come into place when the legislation is passed through this place.

[Ian Paisley (North Antrim) (DUP)]

The Secretary of State knows that 2025 is just too long to wait for veterinary medicine issues to be resolved in Northern Ireland. That grace period is totally unacceptable. He knows it will decimate veterinary practices, affect farm viability and, according to the British Veterinary Association, have a detrimental impact on public health. In paragraph 141 of this Command Paper, the Secretary of State indicates that he will set up a veterinary medicines working group. I welcome that, but will he confirm that if a speedy solution is not brought forward by the spring, he will table legislation in this House to unilaterally deal with this matter once and for all?

[Chris Heaton-Harris]

The hon. Gentleman is right; I think it is paragraphs 136 to 141 in the Command Paper that detail the issues he has rightly raised in this place, with me privately and in meetings with my officials. It is probably fair to say that he was the genesis of the veterinary medicines working group idea in paragraph 141. That group will receive expert opinion, and that is a vital part of the solution to this problem. My intention is to listen carefully to the group’s recommendations, because it will have the experts in this matter. At that point, he and I can have the next bit of conversation, although I hope that will not need to be the case, because I would like to think we can pursue solutions through technical discussions with the European Union, but let us see.

[Robin Millar (Aberconwy) (Con)]

I echo the comments of many colleagues across the House in welcoming the progress made on this matter. Through the Secretary of State, I thank the many people involved for the effort they have put in. We have two draft statutory instruments before us amending two sets of primary legislation, with the words “constitutional law” in one of them. The questions asked during this statement hint at the breadth and depth of the issues that such instruments raise. It seems slightly incongruous that they are coming to this place last, even though they are the first concerns of this House. Does my right hon. Friend agree that hon. Members should have time to read, digest and debate the instruments? Can he explain why the current proposals are for exactly that to be done in just 24 hours and with a short debate?

[Chris Heaton-Harris]

I thank my hon. Friend for his question; I know that he has talked to my Minister of State on these matters. Actually, our Standing Orders state the debating time for these things. The House is an interesting being, and I would not want to get in the way of its Standing Orders.

Secondly, as I tried to underline in a previous answer, a timetable has been agreed with the Democratic Unionist party, which the Government are committed to, and if we fulfil it, that will lead to the restoration of Stormont. The House is full of agile and able Members of Parliament who are amazingly good at scrutiny, and I know that they can do that very, very well in the time provided.

[Carla Lockhart (Upper Bann) (DUP)]

I thank the Secretary of State for his statement, and I thank my party leader and deputy leader for the many gains in the Command Paper. However, our leader said that there remains work to do. Will the Secretary of State therefore confirm whether Northern Ireland still remains under the EU’s single market laws for the production of food and agrifood? Does the EU customs code still apply in Northern Ireland? Does he accept that such a situation is not compatible with UK sovereignty and Northern Ireland’s place as a full part of the United Kingdom? In accepting that, would he say that more work needs done on this? Will he further outline what assurances he has had from the EU that the rules governing the new internal market system are acceptable to it?

[Chris Heaton-Harris]

I thank the hon. Lady for her questions. May I recommend that she re-reads the Windsor framework and indeed the Command Paper?

[Tom Hunt (Ipswich) (Con)]

I applaud the Secretary of State, the Minister of State and the wider Northern Ireland team. I know—I have seen this up close and personal—how passionate and dedicated they are on this issue. The people of Northern Ireland will ultimately be the winners when it comes to decisions being made locally, closer to them.

As a Member of Parliament from the new intake, I think it is a great shame that we have often felt at loggerheads with Democratic Unionist party Members. Ultimately, I share a huge amount of their values, and I absolutely appreciate their passion and how closely they cling to their identity. I share that passion. Will the Secretary of State ensure that this marks a new chapter when we can work more collaboratively to promote the place of Northern Ireland within our Union, which we all love?

[Chris Heaton-Harris]

I thank my hon. Friend. I know that he is passionate about Northern Ireland: indeed, I saw his passion when I hosted him and he visited and looked around Northern Ireland. The answer to his question is yes. Yes, we need to move forward. Yes, we need to work with the Democratic Unionists. Yes, we need a positive way forward for Unionism so that Northern Ireland can forever stay part of our United Kingdom.

[Stephen Farry (North Down) (Alliance)]

I am hopeful that Northern Ireland is now in a better place. I have always understood that, in the context of a hard Brexit, Northern Ireland would require some special arrangements. My party has always been open to maximising flexibilities, provided that those are done in a legal way and that we protect our dual market access.

On the financial package, I very much welcome the £3.3 billion for Northern Ireland, which reflects a cross-party effort. Will the Secretary of State acknowledge that there is a need for a further discussion to happen—potentially in the next Parliament—on a long-term review of Northern Ireland’s fiscal framework and fiscal floor? On reform, will he recognise that, building on precedents, the UK Government must lead that process? If we are talking about safeguarding the Union, we also have to talk about safeguarding the Assembly and the Executive.

[Chris Heaton-Harris]

I thank the hon. Gentleman for that question, which has been raised with me for months—if not since I became Secretary of State—by the hon. Member for Belfast East (Gavin Robinson), who is rather keen on making sure that we have a long-term agreement and process in this space. I really look forward to working with Ministers in a reformed Executive on exactly that.

[Paul Girvan (South Antrim) (DUP)]

In the light of the answer the Secretary of State gave to my hon. Friend the Member for Upper Bann (Carla Lockhart)—or the lack of an answer—I would like to reiterate that point as well as ask about implementation and how Northern Ireland is affected by not getting access to duty-free. Every other airport in the United Kingdom has access to duty-free, yet those flying from Northern Ireland to any part of Europe cannot avail themselves of duty-free—it is the only airport on these islands where that cannot be done. That is one area where the single market is affecting us.

We are still part of that single market and, from what I see in the Command Paper, we will continue to be. As a consequence, in our energy market in Northern Ireland—I would like an answer on this—we are paying a carbon tax at an entirely different rate from any other part of Great Britain. For our electricity supply, our carbon offset is twice the level paid in any other part of the United Kingdom. What measures on that are included in the Command Paper? It was handed to us at what I would call the eleventh hour and 59th minute. We would like to be given time to get into the details. We very much feel like we are being bounced through a timetable and that we will not get through the detail that is supposedly in the statutory instruments and the Command Paper.

[Chris Heaton-Harris]

The hon. Gentleman raises a number of important points. I think it is fair to say that Northern Ireland was part of a single energy market across the island of Ireland well before we left the European Union and that there have always been interactions on that basis. The answer to his question is contained in the Command Paper.

There are a whole host of things to say, but I will just make the point about the difference for Northern Ireland. It does have access to the EU single market and unfettered access to the UK’s internal market, but it is not subjugated to the European Union arrangements. It will not pay into the European Union budget. It is not subject to European Union freedom of movement, services rules, environmental rules, labour rules or procurement rules; neither is it subject to the European Medicines Agency, the common agricultural policy or the common fisheries policy. Northern Ireland has unique circumstances because of its geographic location. Everybody recognises that. We want it to thrive in our Union, and with the Command Paper that direction of travel is set.

[Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)]

I welcome the statement. If a future UK Government were to diverge substantially from EU product regulations and standards for Great Britain, what would be the impact on what the Secretary of State has announced today?

[Chris Heaton-Harris]

First, we would be allowed to do that—100%. Secondly, there would be a written ministerial statement stating that exact fact so that Ministers and others in the Northern Ireland Assembly could debate and make provision for it.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State very much for his statement and the hard work he has done—I say that sincerely. Government actions until now have undermined some of the trust of Unionist people, so there is a clear need for messaging from the Government that the concerns that Unionists have been expressing for the last two years are being dealt with through secure legislative processes here and with the EU. My Strangford constituents—some of them are in the Gallery today—are proud of their Britishness. I am sure that the Secretary of State can confirm—I hope he can—that we in Northern Ireland are as British as those in London, Cardiff, Manchester and Newcastle, and, indeed, Edinburgh and Scotland as well.

[Chris Heaton-Harris]

And Daventry. I can confirm that 100%. I thank the hon. Gentleman for his question. I am very proud that he is a proud Brit, as I am.

Northern Ireland (Executive Formation) Bill

Chris Heaton-Harris Excerpts

2nd reading
Wednesday 24th January 2024 Commons Chamber

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

I beg to move, That the Bill be now read a Second time.

This is a very short and, I would like to think, perfectly formed Bill. I thank all those who have helped to expedite this simple but important piece of legislation to this point. As Secretary of State for Northern Ireland, my focus has always been on facilitating the return of devolved institutions and upholding the Belfast/Good Friday agreement in all its strands. This Bill is no different, and hopefully plays a part in that.

The UK Government believe in the agreement. We believe in devolution. We believe in localism. We strongly believe in power sharing. That is why I am today legislating to extend retrospectively the Executive formation period to 8 February 2024. The people of Northern Ireland deserve locally elected decision makers and want them to address the issues that matter to them. This very short extension provided for by the legislation will create the legal means to allow the Assembly to sit and get the Executive up and running as soon as possible.

Importantly, a restored Executive will have access to the significant financial package that I announced before Christmas, worth more than £3.3 billion, to secure and transform Northern Ireland’s public services. Ministers will be empowered to immediately begin working to address the needs of local people and unleash Northern Ireland’s full and amazing potential. This Bill to helps to deliver that outcome and support the return of devolved governance to the citizens of Northern Ireland. On that note, I conclude my remarks for now and commend the Bill to the House.

--- Later in debate ---

[Chris Heaton-Harris]

With the leave of the House, Mr Deputy Speaker, I would like to close this Second Reading debate. At the beginning, I spoke for a whole two minutes, because I wanted to hear what everybody had to say. I was hoping it would not go on quite as—[Interruption.] Quite as well as it did, but some important speeches were made, which I will come to in a moment. Clause 1 states:

“In section 1(1) of the Northern Ireland (Executive Formation etc) Act 2022, for “18 January 2024” substitute “8 February 2024”.

It provides for a short extension in time. Clause 2 deals with the extent, commencement and short title of the Bill. My two-minute speech was simply about keeping within scope, but we have managed to touch on Scottish independence, public sector pay, leaving the European Union, the Malthouse compromise, the Select Committee on Northern Ireland Affairs agenda and reform of the Belfast/Good Friday agreement, all within two hours. I shall learn yet another lesson about Northern Ireland debates on the Floor of this House, and just say what I think all the time at the very beginning.

A number of excellent interventions were made in the debate. I will talk about the speeches we heard, but the interventions from my right hon. Friend the Member for Wokingham (John Redwood), my hon. Friend the Member for Aberconwy (Robin Millar) and the hon. Member for South Antrim (Paul Girvan) were all interesting and important. I wish to put on record for the hon. Member for St Helens North (Conor McGinn) that the whole House wishes his uncle well; the hon. Gentleman is not in his place, but it is important that we recognise that we are all human in this business.

I thank all those who made speeches in the debate: the right hon. Member for Leeds Central (Hilary Benn); my right hon. Friend the Member for Skipton and Ripon (Julian Smith); the hon. Member for Gordon (Richard Thomson); my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland); the hon. Member for North Down (Stephen Farry), the hon. Member for Foyle (Colum Eastwood), who gave a fantastic speech and I associate myself with many of the comments he made; the hon. Member for Belfast East (Gavin Robinson); the right hon. Member for East Antrim (Sammy Wilson), who made a characteristically passionate speech—I really appreciate the way in which he put his words and what he said—and, of course, the hon. Member for Strangford (Jim Shannon).

The stand-out contribution came from the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), and I thank him profusely for the conversations we have had over the course of the past weeks and months. I know that he really does want to get the best deal for Northern Ireland that works for both the nationalist and the Unionist communities, that is based on consent and that means that he can find the conditions to restore the institutions. I know that he and his party believe in devolution. He listed the number of things that he has managed to achieve during his leadership of his party, and he should be and can be rightly proud of what he has already achieved in that space.

The fact that the right hon. Gentleman has been threatened for doing the job he should be doing is a disgrace—it is extraordinary. Unfortunately, everyone in this place has to come across such things. The people making these threats are cowards and idiots, and I know that they will not deter him. I have noticed in my time as Secretary of State that the number of followers someone has on Twitter, or X, does not necessarily equate to the number of brain cells they might have or the amount of common sense or decency they display as a human being. Those characteristics are personal and ones that someone can display as a human being. Unfortunately, some people choose to have a different persona when they are on social media and when they are emailing some really stupid things. I promise him that I shall work with him and use whatever power I have to make sure that he does not feel insecure in going about his business properly, because no parliamentarian should feel that. As I said, I thank all hon. Members for their contributions.

When we gathered to mark the 25th anniversary of the Belfast/Good Friday agreement last year, we noted that the hard-won gains of the peace process should be honoured by the restoration of the devolved institutions. There is broad agreement on the main substance of this Bill: that our priority must be to continue to restore devolution in Northern Ireland. I was asked about this by the shadow Front-Bench team, so let me say that that is the immediate issue on which I am completely concentrated.

The right hon. Member for Leeds Central asked what other legislation there might be. There could be future legislation, but I do not want to be in that place. He asked me to make a statement if things move, in order to keep the House updated. I absolutely guarantee that I will do so, should things move forward. Of course, he would expect me to be prepared for all eventualities, and I will update the House on my plans if it does not prove possible to restore the Executive by the new deadline. But I really do hope that those plans will not be needed.

The right hon. Gentleman asked about public sector pay, and a number of other Members mentioned it. The Government recognise the vital work that public sector workers carry out and they should be fairly paid in recognition of that work. However, the UK Government do not have the authority to negotiate pay in Northern Ireland. I recognise that the uncertainty on pay awards is causing pressure on Northern Ireland finances, which is why the Government put a fair and generous financial package on the table, offering a new Executive a non-repayable injection of help to restore the Executive and manage that pressure.

[Gavin Robinson]

This is not intended to spoil the mood, but the trade unions would be quite upset if we did not take the opportunity to say that they are not asking the Northern Ireland Office to negotiate their pay; they will negotiate with their employers, as is right in the normal course of events. They are asking that the money that was secured and agreed in December be released to their employers, so that they can get on and have the negotiations.

[Chris Heaton-Harris]

I hear what the hon. Gentleman says, but that is a complete package that is available for a restored Executive.

I promised at the beginning of this debate to be as brief as possible. I know that we have more work to do in this Parliament on different subjects, but I hope shortly to be in a position where I can return to this Dispatch Box celebrating the return of a wonderful institution of devolved government in Northern Ireland. Practically speaking, this step—to secure Royal Assent on this legislation—is the first step along that route.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Committee of the whole House (Order, this day).

Bill considered in Committee (Order, this day)

[Mr Nigel Evans in the Chair]

--- Later in debate ---

[Chris Heaton-Harris]

I beg to move, That the Bill be now read the Third Time.

I wish to place on the record my sincere thanks to everyone involved in the Bill’s passage through the House for their support for its expedited passage. I particularly thank the Front Benchers of all parties for their collaborative and constructive engagement.

On Second Reading, a whole host of issues concerning Northern Ireland had a reasonable outing. I would like to think that the tone of the debate we have had over the course of the past two hours will be reflected in the positive tone we can take in our negotiations and talks over the next few hours and days, or however long it may be, so that we can get to the wonderful place that I believe we all want to get to.

I reiterate my comments about the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) and his words. I have really enjoyed working with him, listening to him and understanding the points he makes when he represents Unionism so powerfully, as he does. I know it is vital to him that we get this right. Occasionally, some of our conversations have been repetitive, but they all have a point.

I hope he would acknowledge that I have a deep and fundamental understanding of the issues that he and his party have been outlining during the past few days, weeks and months, and I would like to think that those issues are being reflected in the conversations we are having now. I do not think anybody in the House does not want to see Stormont returned, the Assembly sitting, the Executive up and running, and Ministers making the choices that the people who elected them would like to see.

[Jim Shannon]

I am mindful that the Secretary of State introduced his comments by talking about the good will that we have heard in the exchanges between Members as we try to find a way forward. Will he use some of that good will to ensure that the £600 million needed to address the pay agreement with the medical sector and teachers is found from the £3.3 billion that he has? He must build upon that good will, make that gesture and ensure that the unions have the pay increase they seek, on which there is consensus from all parties on the Opposition Benches. Will he use that good will, build upon it and make that gesture today?

--- Later in debate ---

[Chris Heaton-Harris]

I thank the hon. Gentleman for his contributions, but I have said all I am going to say on that matter for today.

It has been nearly two years since the institutions have been up and running, and a lot of water has passed under the bridge. Like the hon. Gentleman, I meet people from across Northern Ireland, those from both communities and those who are new to Northern Ireland, who have chosen to work and live there. They all want to see their institutions up and running, and that is important for democracy too. We all need to see the results of an election that was fairly fought delivered, because we are all democrats in this place. I prefer to win elections, rather than lose them—I very much hope I manage to maintain my lucky streak that I have had since I started to represent my seat of Daventry. Democracy is vital to our system, as is ensuring that every voter feels heard through the ballot box.

I place on the record my thanks to those who have engaged in the debate. I also place on the record my appreciation to the House authorities and the Office of the Parliamentary Counsel for their continued expert advice. Right hon. and hon. Members involved in the debate know that there could have been a different piece of legislation laid today, and that is probably where we were progressing to, so the slight course correction that we have made involved a huge amount of help from the people behind the scenes who make this place function so well. I put on the record my thanks to them.

I thank my colleagues and officials in the Government Whips Office for helping us progress in a smooth fashion. As ever, I am grateful to them for everything they do. As a former Government Chief Whip, I understand their pain.

I conclude by repeating what I said on Second Reading. People in Northern Ireland rightly expect and deserve to see locally elected decision makers address the issues that matter to them. I agree with them, and I genuinely believe the House does too.