Northern Ireland

Edward Leigh Excerpts

Thursday 1st February 2024 Commons Chamber

[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.

--- Later in debate ---

[Hilary Benn]

The right hon. Gentleman makes an extremely powerful point. I hope everyone will notice the near—if not complete—unanimity that we will see reflected in the House today. Those who wish to rail against reality and the fact that we have to make choices and deal with issues as they arise, as the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) has so eloquently pointed out, achieve nothing and contribute nothing. What the House is trying to do is to take this forward and, crucially, to restore the institutions.

[Sir Edward Leigh]

I am not trying to rail against reality; I am just seeking the truth. Would it be a fair summing-up of the Labour party’s position that it is supremely relaxed about all these future trading arrangements because, if there is to be a Labour Government, they will have absolutely no intention of diverging further away from the EU from a deregulatory point of view? If the right hon. Gentleman becomes Secretary of State, there is no danger that any civil servant will say, “Minister, be careful about this.” Labour is very relaxed about this matter. It is going to get closer and closer to the EU, isn’t it?

[Hilary Benn]

It is very kind of the right hon. Gentleman to say that we are intensely relaxed about the prospect that we might form the next Government, and who am I to disagree with him in that observation?

The point about divergence is that it is a choice. It is striking to note the number of instances since we left the European Union when the current Government decided that they were going to diverge, and then suddenly had second thoughts about it because it did not really make a lot of sense. I make no apology for having given the example of the veterinary SPS agreement that we would like to reach, because it would help our businesses in the UK, businesses in Northern Ireland and businesses in the European Union. That is my definition of common-sense negotiation—the decision has been made, but that does not mean Britain cannot seek to improve the relationship we have with the European Union in our interests and the interests of our European neighbours.

I also welcome regulation 3(3), which would require a Minister before the Second Reading of a Bill containing provisions that would affect trade between Northern Ireland and the rest of the United Kingdom either to make a statement that it would not have such an effect, or to set out the reasons why the Government want to proceed none the less. It may be difficult at this stage, but I wonder whether the Secretary of State in winding up could give us an example of the circumstances in which Ministers might want to make use of the provisions in proposed new section 13C(2)(b) to the European Union (Withdrawal) Act, found at the top of page 4 of the regulations. In other words, in what circumstances would the Government want to proceed with legislation even though it would have an adverse effect?

I welcome the clarifications made in regulation 4 regarding any independent review that may follow the democratic consent vote. That vote by Assembly Members must take place, as I understand it, by the end of this year. Has the Secretary of State had any discussions with Northern Ireland political parties as to when, exactly, that vote might take place, or does he intend to do so, or is it entirely a matter for those parties?

I will return in the subsequent debate to the matters I wish to raise on the UK internal market regulations, Madam Deputy Speaker. I now bring my remarks to a close.