European Union (Withdrawal) Act

Jeffrey M Donaldson Excerpts

Wednesday 9th January 2019 Commons Chamber

[Gavin Robinson (Belfast East) (DUP)]

It is an honour to follow the hon. Member for Stirling (Stephen Kerr)—he is truly an honourable gentleman. He was about to conclude his speech by saying that we voted as one Union and that we should leave as one Union. Well, I am a Member of Parliament for a part of this Union that is going to be left behind, and I will develop that point further. He fairly conceptualises what the aspiration was but, sadly, the faults and flaws of this withdrawal agreement rest in the concluding sentence that he never quite reached.

I, like the hon. Gentleman, am not an ideologue on this issue. Three of my hon. and right hon. Friends are sitting around me, all intently listening, and they know what I have said to them privately. For my whole life, Northern Ireland and this United Kingdom have been a part of the European Union. I have known nothing else, and it has not been a motivating or driving factor for me politically. It did not lead me to come to Parliament to campaign to leave.

I campaigned, very enjoyably, with the right hon. Member for Chipping Barnet (Theresa Villiers) in my constituency of Belfast East during the 2016 referendum. I proudly voted leave because I was frustrated by the fear, the threats and the intimidation from those who said, “If you don’t do what you’re told, Northern Ireland will descend back into chaos. If you don’t do what is expected of you, the peace process is in jeopardy.” I found that line offensive.

I campaigned for a leave vote believing there was aspiration in what was being outlined, and believing that the people of this country engaged with that aspiration. Today, motivated not by leaving the European Union but by Unionism, I find it offensive that we have a Government, a Parliament and neighbours in the European Union who want to undermine our precious Union. It is deeply disappointing and it is not where we should be. It goes against every grain of my political ideology and it goes against the grain of the Prime Minister’s expressed political ideology.

The Belfast agreement has been mentioned quite a few times in this debate by Government and Opposition Members of Parliament. The hon. Member for Stirling, the right hon. Member for Sutton Coldfield (Mr Mitchell) and the right hon. Member for Wolverhampton South East (Mr McFadden) all talked about the Belfast agreement. The Father of the House, the right hon. and learned Member for Rushcliffe (Mr Clarke), indicated that the Belfast agreement—that hard-fought document for peace—contains a commitment to an open border in Ireland. It simply does not. I will give way to any Member of Parliament who wants to explain to me where that provision is in the Belfast agreement. It is not there. It is based on mutual respect, interconnected co-operation and better relationships between the people of Northern Ireland and the people of the Republic of Ireland.

What has gone wrong in this withdrawal process? What fundamental problems has the Prime Minister made? The first was to believe the political aspirations of others over what her own head should have told her. The Belfast agreement does not preclude a border on the island of Ireland. There is a border on the island of Ireland. We have differentials in duty rates. We have physical infrastructure. It was a mistake to believe that the aspiration to have no hard border on the island of Ireland meant that there should be no infrastructure whatsoever, because there is infrastructure today. There is this fanciful notion of cameras being attacked or any infrastructure being subject to vandalism or worse, but it is there today. There are cameras right across the main roads and arterial routes that take people from Northern Ireland to the south. We have different currencies and we implement different rules and laws. We have smuggling as a consequence of the fact that we have tariff differentials. As a former Minister in the Northern Ireland Office, the Parliamentary Secretary, Cabinet Office, the hon. Member for Norwich North (Chloe Smith) knows that full well, as does the former Secretary of State for Northern Ireland, the right hon. Member for Chipping Barnet.

Secondly, as a country we were wrong to accept the premise that we had to solve the border question without knowing what the trading relationship was going to be. Who decided that that was a good negotiating strategy? How do we provide the answer when we do not know what the question is? Yet these are the circumstances in which we find ourselves. We accepted that premise from the European Union.

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

I have every sympathy with the position expressed by the hon. Member for Stirling (Stephen Kerr) and understand entirely his motivation, yet for me the major issue is that according to the Attorney General’s interpretation of the backstop, in circumstances in which the backstop becomes operational, Northern Ireland must treat Great Britain as a third country for trade purposes. That offends my Unionism. It offends my sense of being part of the United Kingdom. Surely that is the issue that we need to address and resolve.

[Gavin Robinson]

My right hon. Friend and party Chief Whip is of course absolutely right.

The third and final thing that we were foolish to accept was the notion that there had to be a solution to the border problem because in the event of no deal there would be a hard border. What did we see just before Christmas? The publication of the preparation plans from the European Union and the Dublin Government. What was strangely absent from those documents? Any provision for border infrastructure. It is a shibboleth. We have spent two years tearing ourselves apart trying to solve an issue that does not amount to a hill of beans.

I have to represent constituents in east Belfast who have a range of opinions, but there is one recurring theme: reject this deal. People say, “Reject the withdrawal agreement because it does not honour the aspirations of Brexit”; “Reject this deal because I want to stay in the European Union”; and “Reject this deal because I want a second referendum.” What is the thing that unifies them all? It is the rejection of this deal.

The White Paper published today does nothing to satisfy the constitutional concerns that we have. This is not just about economics. The withdrawal agreement outlines a scenario where we would not only have to face, but have coerced upon us, further implementation of forthcoming EU regulations, not to mention the 300 that are already there, which were referred to in the Attorney General’s advice and which span 69 pages. These 300 pieces of legislation will apply to Northern Ireland compulsorily. They could apply to the rest of the United Kingdom voluntarily. It is offensive to me as a Unionist that we need an Act of Parliament in this place to recognise our part of this country. That cannot be right. That should not be right.

When the Prime Minister spoke in the Waterfront Hall in Belfast on 20 July 2018, she said that the reality is that any agreement we reach with the European Union will have to provide for the frictionless movement of goods across the Northern Ireland border. We accept that. She went on to say that equally clear is that, as the United Kingdom Government, we could never accept that the way to prevent a hard border with Ireland is to create a new border with the United Kingdom. Sadly, that is what we have.

When the Secretary of State for Northern Ireland spent time before Christmas going around trying to sell this withdrawal agreement, she was filmed on BBC Newsline with a group of ladies from the Resurgam Trust in Lagan Valley who said, “Secretary of State, we don’t like this deal because it treats Northern Ireland differently.” With all the majesty of her office, the Secretary of State said, “It does not treat Northern Ireland differently.” And do you know what? The ladies were not in a position to challenge her authority on the matter. Yet there is no annex for Aylesbury; there is no protocol for any other part of the United Kingdom in this withdrawal agreement. There are no separate provisions, no backstop, no loss of democratic accountability or democratic involvement in the production or the assessment of future regulations on our trading relationships, and the White Paper today does not change that. We can see it in the withdrawal agreement—we can see it in the text—that the UK Government are committing to enforcing, over the heads of the Assembly and its Members if they were to disagree, implementation of rules over which we have no democratic control or say. That is not taking back control. Mr Speaker, you have heard and presided over sessions and speeches in this Chamber, and heard speeches outwith this Chamber, that have continually said that this is about taking back control of our laws, our borders and our money. On that test, this withdrawal agreement fails.

I do not want to extinguish hope, and I will conclude with this: the next number of months will undoubtedly be febrile in this place, as they have been, and within the country. I do not doubt the sincerity of the Chancellor of the Duchy of Lancaster and his colleagues and his team in delivering on the referendum commitment. All we ask is that Northern Ireland is not treated differently from any other part of this United Kingdom; that we honour our shared commitments, our shared history, our shared values and our shared aspirations; that we do it collectively; and that we work, post Tuesday, on how best we deliver a workable solution.