Northern Ireland Protocol

Jeffrey M Donaldson Excerpts

Thursday 15th July 2021 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

I have to impose an immediate six-minute time limit on Back Bench speeches, but that is quite generous as compared with recent times.

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

I congratulate my right hon. and hon. Friends on securing this debate today and on giving Members the opportunity to express their views.

For people in Northern Ireland, the political and economic stakes could not be higher, as the protocol presents the greatest ever threat to the economic integrity of the United Kingdom. The rigorous implementation of the protocol that some anti-Brexit parties in Northern Ireland have called for would be bad for consumers and bad for business. It would be socially disruptive, economically ruinous and politically disastrous for Northern Ireland. As Lord Frost has repeatedly pointed out, the Northern Ireland protocol in its present form is unsustainable, and it needs to go.

Over the last 50 years, if we have learned anything in Northern Ireland it is that, if our political arrangements are to last, they will require support from right across the community, and there is not a single elected representative in any Unionist party who supports the Northern Ireland protocol. The Government have promised that they will publish their plans for the future of the protocol before Parliament rises for the summer recess, and that cannot come a moment too soon.

Much has been said about how we got here, but, today, I want to set out where we need to go from here. My party will not prejudge what the Government have to say, but I want to make it clear what any new approach needs to achieve. That is why, today, I am setting out seven tests that I believe are important for any new arrangements. Our tests are grounded not in a Unionist wish list, but in promises that have already been made in one form or another to the people of Northern Ireland. It is not too much to ask that the Government stand by these promises.

First, new arrangements must fulfil the guarantee of the sixth article of the Act of Union 1800. That Act of Union is no ordinary statute; it is the constitutional statute that created the United Kingdom for the people whom I represent. The sixth article essentially requires that everyone in the United Kingdom is entitled to the same privileges and to be on the same footing as to goods in either country and in respect of trade within the United Kingdom. Under the protocol, this is clearly no longer the case. The House will be aware—you made reference to the legal challenge on this point, Madam Deputy Speaker—that the High Court has held that the protocol does not put the people of Northern Ireland on an equal footing with those in the rest of the United Kingdom. In defending their position, the Government lawyers made it clear that the protocol impliedly repeals article 6 of the Act of Union. That is a matter of grave concern to us, and it is a matter that needs to be put right.

Secondly, any new arrangements must avoid any diversion of trade, and I welcome what has been said already. It is simply not acceptable that consumers and businesses in Northern Ireland are told that they must purchase certain goods from the EU and not from Great Britain. In this regard it is notable that article 16 of the protocol already permits the UK to take unilateral safeguarding measures to ensure that there is no diversion of trade, and the Government must do that.

Thirdly, it is essential that any new arrangements that are negotiated do not constitute a border in the Irish sea between Great Britain and Northern Ireland. In line with the Act of Union, there should be no internal trade border in the UK. Northern Ireland’s place in the UK internal market must be fully restored. Fourthly, new arrangements must give the people of Northern Ireland a say in making the laws that govern them. That guarantee is implicit in article 3 of protocol 1 of the European convention on human rights, which clearly states that where people are subject to laws, they should be able freely to express their opinion on those laws. Northern Ireland does not have that in relation to EU regulations being imposed on it. Fifthly, new arrangements must result in no checks on goods going from Northern Ireland to Great Britain, or from Great Britain to Northern Ireland. The Prime Minister gave that commitment on 8 December 2019, and it should be honoured.

[Ian Paisley (North Antrim) (DUP)]

On that point about goods moving from Northern Ireland to GB unmolested and unhindered, was my right hon. Friend as shocked as I was when Retail NI, Manufacturing NI, Ulster Farmers Union and haulage representatives confirmed before the Northern Ireland Affairs Committee this morning that from January 2022, they will have to put in place documentary evidence of what they are moving from one part of the United Kingdom to the other part of the United Kingdom? Moving those goods does no damage and places no impediment on the European single market. My right hon. Friend must be appalled by that requirement.

[Sir Jeffrey M. Donaldson]

My hon. Friend makes the point very powerfully.

Sixthly, new arrangements should ensure that no new regulatory barriers develop between Great Britain and Northern Ireland, unless agreed by the Northern Ireland Executive and Assembly. That commitment was made in paragraph 50 of the joint report by negotiators from the European Union and the United Kingdom Government in December 2017. Our Government sadly failed to honour that paragraph when they concluded the Northern Ireland protocol. We expect that commitment, which was made by the Government, to be honoured.

[Mr Mark Harper (Forest of Dean) (Con)]

On those last two points about no new regulatory barriers and the checks on goods going between GB and NI, will the right hon. Gentleman confirm, as it would be helpful for the House, that there were already checks on animal health, given that the island of Ireland was a single animal health zone? Is he saying that the checks that already existed pre-Brexit are not encompassed by his point, and he is talking about new checks that have come along as a result of us leaving the European Union?

[Sir Jeffrey M. Donaldson]

The right hon. Gentleman is absolutely right. Of course we accept that checks that were in place before Brexit should continue, and goods that are proceeding on from Great Britain through Northern Ireland to the EU may of course have different arrangements. We object to goods that are moving from Great Britain to Northern Ireland being subject to new checks under the protocol.

Seventhly, new arrangements must preserve the letter and the spirit of Northern Ireland’s constitutional guarantee, set out most recently in the Belfast agreement, which requires in advance the consent of a majority of the people of Northern Ireland for any diminution in its status as part of the United Kingdom. Our consent was not sought for the diminution in our status and the repealing of a key element of the Act of Union that changed our status with the Northern Ireland protocol. To reduce the constitutional status to our having a say in the final step of leaving the United Kingdom would mean that, in effect, it is no meaningful guarantee at all. If the constitutional guarantee for Northern Ireland is to have any meaning, it applies not just to the question of whether we are part of a united Ireland or remain in the United Kingdom. The Belfast agreement is clear that it is about any change to the status of Northern Ireland within the United Kingdom, and our consent was not sought and has most certainly not been given.

In conclusion, there is no practical or pragmatic reason why arrangements cannot be put in place that satisfy those tests and prove no meaningful threat to the integrity of the EU single market. We require that Northern Ireland’s place within the UK internal market is restored and we expect that the Government will take steps to do that in line with the previous commitments that they have given, from the Prime Minister down. My party will assess any new arrangements against these seven tests. I hope that for the sake of the integrity of the United Kingdom and the people of Northern Ireland we will not be disappointed.