European Union (Withdrawal Arrangements) Bill

Deirdre Costigan Excerpts

2nd reading
Friday 6th December 2024 Commons Chamber

[Jim Allister]

I have given way quite often, so I am going to make some progress.

That is why what I regard as the two liberation clauses in my Bill, clauses five and two, exist. They are the clauses that will free the whole United Kingdom, and Northern Ireland in particular, from this malevolent situation in which a huge portion of our laws are made not by ourselves but by others. That is very important. I have spent a lot of time in this debate talking about the constitutional import of all this, and that is very important, because it is that which gives certainty and assurance to any part of this United Kingdom. However, before I leave that issue, I remind the House that, because of the protocol arrangements, our Supreme Court had to rule that article VI of our Acts of Union, which guaranteed unfettered trade access between and within all parts of the United Kingdom, stand in suspension. There cannot be a higher authority than the Supreme Court to demonstrate that a key component of the very Acts of Union that makes this Union is in suspension, and if the cause of suspension is the protocol or the Windsor framework, then no one who believes in that Union should be sanguine or at ease with that.

There are also economic consequences. Before Brexit, Northern Ireland had an economy that was very integrated with the rest of the United Kingdom. It had the free, unfettered flow of goods one way and the other, as we had and would still have from Birmingham to London or Edinburgh. We had exactly that.

[Deirdre Costigan (Ealing Southall) (Lab)]

The hon. and learned Member mentioned certainty, and he has just mentioned the impact on the economy of Northern Ireland. Does he agree that bringing in a Bill such as this, which would see regulations in Northern Ireland change in potentially just three months, would have a massive impact on businesses in Northern Ireland? It would have a huge impact on the economy of Northern Ireland, and it is not what businesses need right now.

[Jim Allister]

I can tell the hon. Member that it is exactly what businesses need. My constituency office is choked, from time to time, with businesses saying, “Why is it that I cannot get the goods I need without all this paperwork and bureaucracy?” There are many small businesses in my constituency and elsewhere, such as small engineering businesses, which rely for their raw materials not on huge containers coming in, but on parcels of bolts and everyday materials, six, seven, eight or 12 of which come a week. Come early next year, the Irish sea border is going to extend to a parcels border, and we are going to have a situation in which those businesses that rely on the daily arrival of a parcel of some raw materials from GB will be put through the red lane of this full-blown international customs border. The hon. Lady may think that that is good for business. It is a death knell for businesses. That is the problem that we have.

The economic consequences are severe. Even with the Windsor framework, all our raw materials that feed all our manufacturing industry and that come from GB now have to pass through the red lane in a full international customs border. Think of that—think of the effect on a business. That is what is stifling, not growing, business. In consequence, we have had trade diversion—of course we have. We have veterinary medicines. In the main, our veterinary medicines come from GB, and always have done, but now we face a cliff edge where, according to EU diktat, they can no longer come because we are subject to the veterinary requirements of the EU, not the United Kingdom. Medicines that we have used safely and with no problems for decades are suddenly to be stopped.

The Government say that they will get a deal—well, let us see it. Even the very thought that we have to go cap in hand to a foreign power to say, “Please could we have an arrangement where, from within our own country, we could bring our own medicines to another part of our own country? Please could we do that?”, is so humiliating at a national level and so prejudicial to our farming community.

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[Jim Allister]

I acknowledge the hon. Member’s speech, but let me say this: it is no stunt to ask, on behalf of my constituents, for what every other part of this United Kingdom has—the right to be ruled by laws we makes ourselves. It is no stunt to ask for equal citizenship; it is no stunt to say that this United Kingdom—the clue is in the title—should not be partitioned by an international customs border.

[Deirdre Costigan]

Will the hon. and learned Member give way?

[Jim Allister]

I will when I have dealt with some other points.

That is an assault upon the sincerity and efficacy of those who dare to say, “If we are part of the United Kingdom, we need to be treated as part of the United Kingdom.” The hon. Member for Belfast South and Mid Down (Claire Hanna) did not explain why she thinks it right to disenfranchise her constituents and to reject a workable and practical solution. Those who reject a workable and practical solution are those who do not want such a solution in respect of the Irish border. That was very clear from her intervention.

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[Jim Allister]

I only wish that the laws for Northern Ireland were made in this Parliament, or in our devolved institutions. If the hon. Member has been listening at all, surely he has understood that there are 300 vast areas—they are not self-contained; they are expanding, and have already been expanded—on which laws are made in a foreign Parliament. That is the fundamental point. If we want a trade deal with the United States, we have to show that it will be a bona fide trade deal with the United Kingdom, not with a surrogate of the EU through a back door that is wide open.

[Deirdre Costigan]

I note that the hon. and learned Gentleman failed to answer the question from my hon. Friend the Member for Belfast South and Mid Down (Claire Hanna). He talks about doing a deal with the United States of America on trade. How could we possibly be taken seriously as a trade partner by any country in the world in future if we broke the deals that we already have on the table?

[Jim Allister]

If the deal was reached under false pretences—if it was reached in breach of international law, because it breached respect for territorial integrity—yes, the first thing this Government should do is reverse that arrangement. They should not continue with a deal that does not respect the territorial integrity of this United Kingdom. That is the fundamental principle of international law, and if international law has been disregarded to get this arrangement, the arrangement is disreputable and not worthy of continuation. That would be of more interest to our American friends than our saying, “We will make a deal that will sell out some of our own people—that will create circumstances where any trade deal we do will benefit the EU through the back door—but please, Mr President, make a deal with us.” That will not happen, and the Government need to realise that.

Let me try to draw my remarks to a conclusion by turning to clause 19. It seeks to reinstate the fundamental operating principle of the Belfast agreement, which is that every key decision in Northern Ireland, because of our divided and troubled past, should and must be made on a cross-community basis. It is there in black and white in the agreement, yet next Tuesday, the most key decision that the Northern Ireland Assembly has ever taken will come before it without a need for it to have cross-community consent. That decision will be on whether Northern Ireland should continue, in 300 areas of law, to surrender its lawmaking powers to a foreign Parliament. There is nothing more fundamental, either to Northern Ireland’s constitutional status or to the governance of the people of Northern Ireland, than that. However, to ensure the desired outcome of that vote, a move was made to remove, especially for that vote, the cross-community requirement, so that for the first time in over 50 years we will have a majoritarian decision of considerable import taken in Northern Ireland. That is a rigging of the arrangements of the Belfast agreement.

Strange as it might be, through this Bill, I am the one championing the requirements of the Belfast agreement by asking: if the modus operandi is to ensure cross-community support, why has the vote been rigged to remove cross-community support? One might have thought that the hon. Member for Belfast South and Mid Down would be the champion of the Belfast agreement, and would want to ensure that its fundamental operating principle of cross-community support was respected, but no: she and her party are cheerleading for the vote. They brought the matter to the Assembly when the Executive failed to.

It is an important point—a point that cuts to the heart of the operation and stability of the Belfast agreement—that for the first time, a key decision is to be taken not on the prescribed cross-community basis, but on a majoritarian basis. What does that say to me and my community? It says, “You don’t really matter. It is more important that we get this vote through. Cross-community? Ah, that was about protecting nationalism. It was never about protecting Unionism.” Well, sorry, but we are calling that in today. We say, if it is good enough for nationalism, it should be good enough for Unionism. Why are this Government and this House trying to say to Unionism in Northern Ireland, “You don’t matter on this issue. We will railroad you”? That is the fundamental point.

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[Deirdre Costigan (Ealing Southall) (Lab)]

Thank you, Madam Deputy Speaker, for allowing me to speak in this debate. I also thank the hon. and learned Member for North Antrim (Jim Allister) for introducing the Bill. I listened with interest to some of the points made by Opposition Members, particularly the words of the right hon. Members for Belfast East (Gavin Robinson) and for Chingford and Woodford Green (Sir Iain Duncan Smith), who suggested that there are attempts to talk the Bill out. The only people who appeared to be attempting to talk the Bill out were the hon. and learned Member for North Antrim and the right hon. Member for Belfast East, and they did a very good job of it.

It has become increasingly clear in this debate that the hon. and learned Member for North Antrim has no interest in progressing the Bill. He knows that it is unworkable and has no intention of its ever becoming law. What he is doing today is purely and simply political posturing for nakedly electoral reasons.

I was interested and slightly amused to hear the hon. and learned Member for North Antrim refer to his interest in ensuring equality and equal access to citizenship for all the citizens of Northern Ireland. I wonder if he felt the same way about extending access to equality and citizenship when it came to reproductive rights for the women of Northern Ireland and the right to equal marriage for people in Northern Ireland. I do not recall him being as vociferous at that time.

I was interested to hear from the Member from South Acton—I mean South Antrim. Apologies—I represent an area very close to Acton, as my hon. Friend the Member for Ealing Central and Acton (Dr Huq) knows. The hon. Member for South Antrim (Robin Swann) asked whether Labour Members had read the Good Friday agreement. Back in 1998, as a very young woman, I recall vividly buying the newspaper that printed the full Good Friday agreement, laying it out on the floor of my bedroom at the time and reading through it clause by clause. For me, and for the people of Northern Ireland, the Republic of Ireland and all the United Kingdom, it was such an important and joyous occasion to see that agreement come to fruition.

That joy is properly experienced if one watches the final episode of “Derry Girls”, when Orla dances through the streets of Derry on her way to register to vote in favour of peace in Northern Ireland. What a contrast that moment of joy is to some of the words that we have heard from Opposition Members today, which have been less about forging a prosperous future for Northern Ireland and more about raking up the arguments of the past. Today we found ourselves revisiting old grievances rather than pushing for progress. The Bill drags us back into the quagmire of disputes that were settled through the Good Friday agreement and the Windsor framework—painstakingly negotiated and endorsed as a solution that works for Northern Ireland and the United Kingdom.

[Jim Allister]

Will the hon. Lady give way?

[Deirdre Costigan]

I am afraid that the hon. and learned Member has had sufficient time to speak today.

The Bill is an attempt to undermine the very foundations and underpinnings of the Good Friday agreement. It risks creating far more issues than it claims to solve. Given the hon. and learned Member for North Antrim’s electoral pact with Reform UK, I would have thought he would be happy to get Brexit done, yet here we are renegotiating 2019, stuck in an endless “Groundhog Day” of Brexit debates. While the hon. and learned Member looks backwards, this Government are looking forwards to a stable, prosperous and peaceful Northern Ireland.

Let me look at the most fundamental concern about the Bill. At the heart of it lies a blatant disregard for the United Kingdom’s obligations under international law. Clause 3 shows that the legislation seeks to disapply key elements of the Windsor framework. This is not a matter of abstract legal principles; it strikes at the very core of the UK’s credibility as a nation that honours its commitments. The Windsor framework was the result of years of painstaking negotiation designed to balance Northern Ireland’s unique position post Brexit. For the UK unilaterally to disregard its provisions would be not only a breach of trust with our European partners but a dangerous precedent that could have profound consequences for our future trade agreements and alliances. It would be not just a technical breach but a move that would erode trust in the UK’s ability to uphold our agreements, and international partners are watching closely.

The message that the Bill would send if passed is clear. How can we expect to secure future trade agreements or maintain our standing on the global stage when Members of this House seek so readily to abandon the commitments we have made? Instead, the Government have grounded themselves in respect for international law. Only by sticking to our word can we rebuild this country’s reputation, which was trashed by the previous Government’s shocking decision to break international law in “specific and limited” ways. Let us be clear: we either abide by international law or we do not. It is not an à la carte menu where we can pick or choose. The Government understand that, and that is why we will be sticking to our agreements.

The economic implications of the Bill are just as troubling. Under the Windsor framework, the at-risk, not at-risk test provides a clear and workable solution allowing for the smooth movement of goods between Great Britain and Northern Ireland while protecting access to the EU single market. By removing that mechanism and replacing it with undefined alternative models, the Bill would introduce huge uncertainty. Such a lack of clarity would create significant operational challenges, leaving businesses without a road map for compliance. The small and medium-sized enterprises that drive Northern Ireland’s economy would be particularly damaged as the Bill would disproportionately burden them.

[Joe Powell]

My hon. Friend is making a powerful point about trade. Does she agree that the ripple effects from disapplying the Windsor framework would hit all of us, including constituencies such as mine that are looking forward to the Government’s priority of resetting our relationship with the EU and finding practical solutions on, for example, a veterinary agreement, which would help deal with some of the problems that Opposition Members have raised and on which we have had some degree of consensus in the House today?

[Deirdre Costigan]

My hon. Friend makes a good point. I am focusing on businesses in Northern Ireland, many of which lack the resources to implement the dual tracking system for goods destined for different jurisdictions. They would be placed at a significant competitive disadvantage.

The Windsor framework has provided Northern Ireland with dual market access. That is a unique and valuable advantage that no other part of the UK enjoys. It has enabled Northern Ireland’s economy to remain one of the strongest performing post-Brexit. Businesses have adapted to the framework’s provisions, and over 9,000 firms are now registered with the UK internal market scheme. The Bill, however, would throw all of that progress to the wind. It would deter investment and create further trade barriers, undermining Northern Ireland’s status as an attractive place to do business. For small and medium-sized enterprises already operating on tight margins, the additional costs and administrative burdens could be devastating. After years of decline under the Tories, these businesses need certainty, stability and support, not a chaotic and fragmented regulatory landscape that would leave them scrambling to comply with conflicting rules. The people and businesses of Northern Ireland deserve better than what the Bill proposes.

I turn to the critical issue at the heart of the Bill in clause 19, which would alter the consent mechanism for articles 5 to 10 of the Windsor framework, replacing the current system of simple majority voting with a requirement for cross-community support, as laid out by the hon. and learned Member for North Antrim. While such a measure may appear on the surface to strengthen democratic buy-in, in reality it would risk paralysing decision making and undermining the delicate political equilibrium established by the Good Friday agreement.

[Jim Allister]

The hon. Member talks about undermining the delicate political balance. We were told that that was solved by the Belfast agreement. It was the Belfast agreement that decreed that, for every key decision, there should be a cross-community vote, yet this is a key decision and the cross-community vote is to be abrogated. Where is the respect in what she is saying in terms of the efficacy of the Belfast agreement or of this vote?

[Deirdre Costigan]

Let us look at the intent behind the existing democratic consent mechanism. The Windsor framework carefully designed the process to ensure that the people of Northern Ireland, through their elected representatives in the Assembly, have a say in whether the key provisions of the framework continue to apply. By allowing a simple majority vote, the framework ensured that the democratic will of the Assembly could be expressed efficiently and effectively. That system reflects the realities of a power sharing arrangement, where decision making can already be complex and contentious.

Clause 19 proposes a significant and disruptive shift. By requiring cross-community consent in the Northern Ireland Assembly—a majority of Unionist and nationalist representation—the Bill introduces a mechanism that grants de facto veto power to either community, and Opposition Members know that. That risks creating scenarios where no decision can be reached at all, with no explanation in the Bill for whether the Windsor framework would continue under such circumstances. Such provisions invite obstruction and brinkmanship on a critical issue.

[Robin Swann]

The hon. Member is countering what she said earlier about having read the Good Friday agreement. Obviously she has not understood it, because that cross-community consent has been central to the protections that were applied in the Belfast agreement at the start to ensure minority concerns are protected. That was the purpose of it. What she is saying in regard to the change from five to 10 on removing cross-community support and consent undermines the principles of the Belfast agreement, which my party paid so much for.

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[Deirdre Costigan]

We disagree on that point, but I reiterate that I have read the Good Friday agreement from cover to cover.

The introduction of a cross-community requirement would only place enormous burdens on the Assembly, which has already struggled to function effectively in recent years. Adding another layer of complexity to the Assembly’s decision-making process risks further entrenching the situation, making it even harder to deliver for the people of Northern Ireland.

We must also consider the message that the provision sends to the people of Northern Ireland. By imposing additional barriers to democratic decision making, the Bill risks fostering a sense of disenfranchisement and disillusionment among the electorate. How can we expect the people of Northern Ireland to place their faith in the Windsor framework if institutions are being deliberately hamstrung by measures designed to perpetuate stagnation rather than to promote co-operation on this vital issue? The Windsor framework was carefully designed to strike a balance between competing interests. This Bill, by contrast, undermines that delicate balance, replacing pragmatic solutions with political posturing that serves no one.

There is an absence in the Bill of a clearly articulated framework to replace the existing regulatory mechanisms established by the framework. Under the current system, Northern Ireland operates within a dual regulatory sphere, giving it unique access, as I said. That arrangement, while complex, has provided a measure of certainty for businesses. They know which rules apply, how to comply with them and the benefits of adherence. The Bill removes critical aspects of the existing framework. That would create a vacuum, leaving businesses and regulators alike with more questions than answers, and the resulting uncertainty would of course threaten Northern Ireland’s prosperity.

That is before I get on to the fact that there is no clear timeline for the implementation of the Bill. It provides no road map, no phased implementation plan and no transitional support for affected parties. The Bill would therefore only create a chaotic environment in which businesses must prepare for the unknown, potentially leading to disruption, delays and financial losses. For small and medium-sized businesses that lack the resources to navigate complex regulatory shifts, the consequences would be devastating.

The regulatory uncertainty created by the Bill is not a minor oversight; it is a fundamental flaw that undermines its viability. Far from being a technical adjustment, the Bill is a destabilising force. At its core, it flagrantly disregards the principles of international law and the commitments that the United Kingdom solemnly made under the Windsor agreement. But perhaps the most frustrating aspect is that the Bill represents a colossal missed opportunity. Northern Ireland is uniquely positioned to thrive as a bridge between the UK and the EU, leveraging its dual market access to attract investment and drive growth. The Windsor framework, while not perfect, is a pragmatic solution that provides the stability and predictability necessary for that unique position.

Instead of building on that foundation, the Bill tries to tear it down, replacing a functioning system with chaos and division. It prioritises short-term calculations over long-term economic and social stability. Northern Ireland deserves better than this. Its people, businesses and institutions deserve a Government who legislate responsibly, with foresight and care, rather than rushing forward with reckless and ill-conceived measures.

This House has a duty to legislate responsibly, to weigh the long-term consequences of our actions, and to uphold the principles that underpin our democracy and our international commitments. This Bill fails on all counts. It is not simply flawed; it is fundamentally unfit for purpose.

I urge colleagues to reject this legislation and demand a more thoughtful, inclusive and workable approach to addressing the challenges facing Northern Ireland. Let us act not out of political expediency but out of genuine commitment to the people, businesses and institutions that rely on us to get this right.

[Madam Deputy Speaker (Judith Cummins)]

I call the shadow Minister.

Oral Answers to Questions

Deirdre Costigan Excerpts

Wednesday 27th November 2024 Commons Chamber

[Mark Ferguson (Gateshead Central and Whickham) (Lab)]

6. What assessment he has made of the impact of the autumn Budget 2024 on Northern Ireland.

[Deirdre Costigan (Ealing Southall) (Lab)]

11. What assessment he has made of the impact of the autumn Budget 2024 on Northern Ireland.

[The Secretary of State for Northern Ireland (Hilary Benn)]

This Government are providing the Executive with an £18.2 billion funding settlement for 2025-26. This represents a £1.5 billion increase on this year and is the largest settlement since devolution. It is now for the Executive to decide how the funding is spent.

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[Hilary Benn]

I do. There is no doubt that the funding the Northern Ireland Executive received as a result of the Budget was more than they had anticipated, but all government is about making choices with the resources we have and the income we can raise, and deciding what our priorities are. The Budget provides a sound foundation for the Northern Ireland Executive to take the decisions they need to take.

[Deirdre Costigan]

Does the Secretary of State agree that to ensure sustainable finances, the Northern Ireland Executive need to set out clear steps to reform both the NHS and broader public services?

[Hilary Benn]

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

Oral Answers to Questions

Deirdre Costigan Excerpts

Wednesday 23rd October 2024 Commons Chamber

[Dr Lauren Sullivan (Gravesham) (Lab)]

4. Whether he has had discussions with the Northern Ireland Executive on the budget sustainability plan.

[Deirdre Costigan (Ealing Southall) (Lab)]

7. Whether he has had discussions with the Northern Ireland Executive on the budget sustainability plan.

[David Smith (North Northumberland) (Lab)]

10. Whether he has had discussions with the Northern Ireland Executive on the budget sustainability plan.

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[Hilary Benn]

I share my hon. Friend’s view. As the House will be aware, people in Northern Ireland face the longest waiting lists in the whole United Kingdom, and all Governments, including the Northern Ireland Executive, have to balance the money coming in and the funds that they can raise, and take decisions about public service reform. I am very encouraged by the recent event organised by the Northern Ireland Health Minister, which Dr Bengoa, who produced a report on reform in Northern Ireland, returned to Northern Ireland to attend, because there is now a commitment to take forward that process.

[Deirdre Costigan]

What impact does the Secretary of State think that the UK leaving the European convention on human rights would have on the sustainability of Northern Ireland’s finances and devolved government?

[Hilary Benn]

Given that the European convention on human rights is one of the foundations of the Good Friday agreement, I am frankly astonished that anyone who aspires to lead His Majesty’s Opposition should suggest that our country should leave the ECHR. It would be utterly irresponsible.