European Union (Withdrawal Arrangements) Bill

Debate between Deirdre Costigan and Joe Powell

2nd reading
Friday 6th December 2024 Commons Chamber

[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.