Northern Ireland Protocol Bill

Debate between Geoffrey Cox and Peter Kyle

Committee stage
Wednesday 13th July 2022 Commons Chamber

[Sir Geoffrey Cox]

How would the hon. Gentleman propose to negotiate to permit the voters of Northern Ireland to have a say in the laws that are being made for them?

[Peter Kyle]

It was a Labour Government who delivered the framework for the Good Friday agreement in the first place. We respect devolution to Northern Ireland. The key thing is that, yes, Northern Ireland has been suffering the existential challenges posed by the protocol, but, fundamentally, Northern Ireland has been suffering from neglect. When the Executive collapsed, there was no visit from the Prime Minister for five months; there were no multi-party talks, in Downing Street or in Belfast; there was no attempt at getting people around the table; and not a single statement was made to this House about Northern Ireland by the Northern Ireland Secretary at the time, the Prime Minister or the Foreign Secretary. Just imagine for one second what would happen if the Welsh Senedd or the Scottish Parliament collapsed and this House of Commons went five months before there was any action whatsoever. The only time the Prime Minister visited Northern Ireland was once the Assembly failed to be assembled, after the elections. At that point, when the difficulties in Northern Ireland became so deeply entrenched, the Prime Minister finally went over there for one quick, fleeting, in-and-out visit. That is not good enough. We know that Northern Ireland—all of Northern Ireland—deserves the full attention of the UK Government. It also needs the attention and engagement of this House, where Northern Ireland parties can have their say regularly, on an ongoing basis, not just once a month at oral questions.

[Peter Kyle]

I suggest that had the Prime Minister gone to live in Northern Ireland and gone to camp out there—bearing in mind that he is the person who went to Northern Ireland and promised that over his dead body would there be a border in the Irish sea, and bearing in mind what we now know he has been engaging in and the squalor with which he delivered the duties of his office, based on the resignation letters of members of his own Government—he is not the person who could ever have hoped to muster the statecraft to deliver the settlement that Northern Ireland needs.

[Sir Geoffrey Cox]

rose—

[Peter Kyle]

I am going to finish now, so that we can hear directly from Conservative Members. We have always to remember that the Conservative party was the one that enabled, delivered and sustained that Prime Minister in office, and all the time that was done, the politics of Northern Ireland did not just fail to move forward—it sank. So this Bill, from that Government, who their leadership candidates are only too happy to support, is an affront to the UK’s values and to our international interests, at home and abroad. This Bill will not deliver the progress that is needed in Northern Ireland and it will only harm our interests abroad.

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[Sir Geoffrey Cox]

No, I will not give way. Too many need to speak.

It is no light matter for this House to take a step that is in contravention of its international obligations. The dignity of this nation rests upon its word being seen to be implemented once it is given. Therefore, I think it a small thing—a reasonable thing—that my hon. Friend the Member for Bromley and Chislehurst has asked.

My right hon. Friend the Foreign Secretary talked about Members as patriots. I do not believe that there is a person in this House who is not a patriot, not a person in this House who does not believe—[Interruption.] There may be some exceptions on the Opposition Benches, but I certainly do not believe that of those on the Labour Benches. The fact is that I want to give credit and the benefit of the doubt to everybody, but patriotism can also be the belief that we should stand by our word and that we depart from it only if there is a proper legal basis for doing so.

There is plenty of precedent for the Attorney General coming to the House—I should know, I did it—to answer questions about the international law compatibility of a measure in this House. Indeed, it goes way back, I think, to either the Wilson Government or the Heath Government. Attorneys General would come to the House to answer questions on the compatibility of statutes with international law. I invite the Minister, my right hon. and learned Friend the Member for Northampton North (Michael Ellis), to invite the Attorney General to come and answer those questions, because, in my judgment, it is an obligation to the House. The Attorney General has a residual duty to advise the House on matters such as this.

I say to my right hon. and learned Friend that I will not be able to support this Bill—that comes as no surprise—but I sympathise with the plight in which the Government find themselves. We should all be a lot better if we united in this House to besiege the European Union with requests so that it sees that it must effect real change in this protocol. That is why I asked the hon. Member for Hove (Peter Kyle) what is his solution to the democratic deficit of which my hon. Friend the Member for Stone (Sir William Cash) has properly and accurately spoken.

These are really intransigent, intractable problems. It is no use sitting, as the hon. Member for Hove does, attacking those of us on the Government Benches for not having solutions if he just talks more and does not propose constructive, new replacement agreements that might fulfil the legitimate wish of the Unionist community to feel that they are not separated and segregated from the rest of the kingdom, while doing justice to the European Union’s desire to protect its single market.

[Peter Kyle]

New Zealand has been able to negotiate quite diligently and swiftly a veterinary agreement with the European Union. Turkey has been able to agree a customs arrangement with the EU. There has been no law breaking, no storming out of negotiations; representatives sat round the table and got it done. Why does he think that this Government have failed where other Governments have succeeded?

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[Sir Geoffrey Cox]

Dame Eleanor, you rebuke me entirely justly. Let me see if I can answer the question. Yes, of course there are trade mitigations, and I had a sincere hope two and a half years ago that they would be resolved in the joint committee. They have not been resolved in the joint committee.

[Peter Kyle]

Why?

[Sir Geoffrey Cox]

I do not know, but it is no use the hon. Gentleman’s using the tactic of deflection to try to put me off my question to him. The democratic problem is what I put to him, and Labour has no answer to that problem. If the party is to be taken seriously, it needs concrete proposals that might work. On that note, Dame Eleanor, I will conclude.

Withdrawal Agreement: Legal Opinion

Debate between Geoffrey Cox and Peter Kyle

1st reading: House of Commons
Tuesday 12th March 2019 Commons Chamber

[The Attorney General]

No, no, no. What I said to my hon. Friend the Member for North East Somerset (Mr Rees-Mogg) was that we would not do it in breach of the law. We are permitted, in a case of fundamental change of circumstances, to withdraw by the law. If such a change of circumstance came about—either because of some fundamental political change in Northern Ireland or some fundamental change of circumstance going to the essential basis of the agreement—then we would have the right to withdraw. But in all normal, envisageable and predictable circumstances, particularly while we are negotiating a subsequent agreement to the pace and accelerated timetable that this instrument now requires, we would not do so and it would be wrong to do so—wrong because it would be a breach of our obligations and wrong because this is a law-abiding country.

[Peter Kyle (Hove) (Lab)]

The Attorney General said that it is highly unlikely that through the best endeavours they cannot reach an agreement. For the past four months, the Government have been in Brussels trying to replace the backstop with alternative measures and they have come back empty-handed. The negotiations have not delivered, despite the best endeavours. Is it not the case that the very situation that he describes in two years’ time as being highly unlikely is the situation we are in right now?

[The Attorney General]

No, no, no. We have not been attempting to secure alternative arrangements now. We have been putting forward the fact that, in the future, all those alternative arrangements are likely to exist, so the European Union has responded by saying, “We will set up a new, special negotiating track, we will negotiate with an increased urgency and to a new timetable and we will implement these”—they have defined them—“customs procedures and technologies and so on.” So it is not right to say that the same situation arises now. These systems will be developed over time and that is the purpose of the working group that the Union has agreed to set up with this country.