Northern Ireland

Jeffrey M Donaldson Excerpts

Thursday 1st February 2024 Commons Chamber

[Chris Heaton-Harris]

Yes, nothing that we are doing here changes that fundamental principle. The hon. Gentleman is absolutely right to make that point and I hope I have clarified it for him properly.

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

Further to the point made by the hon. Member for Foyle (Colum Eastwood), the difficulty was that in the eyes of Unionists the Northern Ireland protocol undermined the principle of consent, which is at the heart of the Good Friday agreement. Does the Secretary of State agree that these new measures and the legislation reset the balance so that the principle of consent and the will of the people of Northern Ireland alone will determine the future of our country as part of the United Kingdom?

[Chris Heaton-Harris]

Yes, and I think the right hon. Gentleman and the hon. Member for Foyle (Colum Eastwood) are making exactly the same point, and rightly so. They represent two communities that have governed by consent in the past and what we are doing here today is trying to get government by consent back up and running in Stormont in the future.

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[Hilary Benn (Leeds Central) (Lab)]

I am grateful to the Secretary of State for his explanation of the first set of regulations that we are considering, and I join him in wanting to see the institutions up and running again as soon as possible. I welcome the measures, and the Opposition will support them.

Ever since our leaving the EU created the problems that have caused Northern Ireland to be without a Government for two years, we have been trying as a nation to find a common-sense way through. The SIs are a continuation of that process to balance two objectives: first, to enable the free flow of trade between Northern Ireland and Great Britain; and secondly, to make sure that goods that enter the Republic across the open border meet the single market rules.

We should note the further commitments, to which reference has been made, contained in the Command Paper published yesterday. We look forward to regulations and guidance to implement them where required, perhaps with a little bit more time to read them, although I understand completely and support the timetable we are dealing with today.

I commend the right hon. Member for Skipton and Ripon (Julian Smith) for drawing the House’s attention to the annex of the Command Paper on the history. I certainly learned some things from reading it. I have heard the argument that there was always free and unfettered trade and now that has changed, only to discover that the Government of Ireland Act 1920 required that the movement of goods between Great Britain and Northern Ireland be treated as exports and imports, and that customs officers were instructed to conduct physical inspections of ships and daily sailings twice weekly, at a check rate of 28%. It is a jolly good idea to understand one’s history when trying to deal with the problems of the future.

[Sir Jeffrey M. Donaldson]

Some suggest that the Acts of Union should be as they were in 1801, but my hon. Friend the Member for North Antrim (Ian Paisley) would be perplexed to discover that a bottle of Bushmills whiskey distilled in his constituency would have a £3 tariff added to it to be sold in Great Britain—the rest of the United Kingdom. Does the right hon. Gentleman agree that we certainly do not want to go back to that?

[Hilary Benn]

I am a teetotaller, so perhaps I do not feel the suffering in that example in the same way as other Members. However, the right hon. Gentleman is an observant student of Northern Ireland history, and he makes his point extremely forcefully.

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

It is an honour to follow the hon. Member for Stone (Sir William Cash); we truly value his continuing interest in Northern Ireland. The problem for DUP Members is that the origin of our difficulty was the withdrawal agreement itself and the decision to go with the Northern Ireland protocol. Sadly, it placed Northern Ireland in a situation where we were separated from the rest of the UK in key elements of the benefits that ought to have flowed from Brexit. My task and that of my colleagues ever since has been to repair the damage that decision did, and it is work in progress; I do not pretend that we have completed the task. I recognise there are ongoing concerns about how the new arrangements will work in practice, and it will be our task to hold the Government to account on their commitments and ensure that they are honoured in full and delivered. That is why my party executive mandated me, as party leader, to proceed on the basis that we needed the Government to progress key elements of the arrangements before we would recall the Assembly and restore the Executive.

I welcome the publication of, and the opportunity to debate, the statutory instruments. They amend key constitutional laws of the UK in a way that, in my humble opinion, strengthens Northern Ireland’s place within our United Kingdom and reaffirms our place in the UK, underpinned by the Acts of Union, and by the principle of consent that is at the heart of the Belfast agreement and the 1998 legislation. That is to say, as my hon. Friend the Member for Belfast East (Gavin Robinson) has stated, that the will of the people of Northern Ireland will ultimately determine our future. Nevertheless, it is welcome that this Parliament, which is sovereign in our United Kingdom, reasserts its sovereignty in regard to Northern Ireland and reaffirms our place within the UK.

[Jim Shannon]

I thank my right hon. Friend and colleague for bringing that forward. He is absolutely right to state the fact—I say this, with respect, to the Secretary of State and the Government—of the distrust that many Unionists have for this process. The opinion of this House on sovereignty should be clear, and my party leader has sought not simply to secure but to future-proof the legislation and the change. The difficulty is that many people I represent have stated their lack of trust in the Government, who told us that they would give us their best and did not do so. How can the Government and the Secretary of State reassure the Unionist people whom we represent that our sovereignty is protected ?

[Sir Jeffrey M. Donaldson]

I thank my hon. Friend for his intervention. He restates a point he made earlier to the Secretary of State and he will have heard the response given. It is the task of all DUP Members to ensure that the Government deliver, and we bank the gains we have made in this process and move forward on that basis, recognising not only that there is more to do, but that there are new opportunities to seek and secure change. The Secretary of State referred earlier to my detractors, who have been very vocal, even challenging me to a debate on these issues. My challenge back to them is clear and simple. As I said last week in this House, when they are in a position to set out clearly for the people of Northern Ireland what they have achieved, the changes they have secured to the protocol and to the Windsor framework, and the changes they have secured to safeguard our place in the Union, I will consider discussion with them. But what I will not do is accept their criticism of what we have achieved on safeguarding the Union—real achievements and real changes, which my party has long sought.

We were disappointed when the Government abandoned the Northern Ireland Protocol Bill, because all DUP Members recognised that those proposals provided a way forward for Northern Ireland. We have sought to incorporate into these new arrangements many aspects of that Bill, but we have gone further and achieved more. We will come to this more fully on the second SI before us this afternoon, but that Bill, which was endorsed fully by my parliamentary party, proposed a green lane and a red lane as the means by which goods would move between Great Britain and Northern Ireland. What we have achieved is to remove the need for the green lane, because we have restored Northern Ireland’s place within the UK’s internal market. Under these new arrangements, goods moving from Great Britain to Northern Ireland and staying within the UK will flow through the UK internal market system. There is no need for a so-called “green lane”. There is a need for only one lane, which deals with goods that flow through our Northern Ireland ports and onwards to the EU or that are deemed at risk of entering the EU.

The red lane was endorsed and supported by my party, and every one of my MPs voted for that proposal. That was my mandate and it is what I have secured. It removes the Irish sea border within our internal market of the United Kingdom, and it means the only checks we need to carry out are those on goods moving into, or at risk of going into, the European Union. That is what we stated in our response to the Windsor framework, endorsed unanimously by all our party officers. We made clear what we wanted, and I have gone further even than that response in removing the green lane from the new arrangements.

This is progress. Does it give us everything we want? It does not. My hon. Friend the Member for North Antrim (Ian Paisley) has been assiduous in his pursuit of a solution on veterinary medicines. He has worked with the Government and campaigned alongside representatives of the Northern Ireland agrifood sector. As a result of that work, in the Command Paper we now have clarity on the position of the UK Government. In the absence of an agreement with the European Union that maintains Northern Ireland’s full access to UK veterinary medicines, the UK Government will legislate to protect our access to veterinary medicines in the United Kingdom. That is a commitment given by the Government and I commend my hon. Friend for his work. That is the business we are in—it is unfinished business. We will continue to work to ensure the Government deliver on their commitments in the Command Paper on veterinary medicines.

[Ian Paisley]

I thank the leader of the party for his comments. This is crucial: it affects every single person in Northern Ireland because it is about food security across the whole of the United Kingdom. The Northern Ireland food industry feeds about 17 million people, not only in Northern Ireland, but across the United Kingdom and the world. It is vital to our food security. Damaging it, as was happening under the previous agreement, is wholly destructive to food health and farming. I also welcome paragraph 22, which addresses the movement of cattle and livestock. That is significant for our farming industry. I agree that more needs to be done and I will hold the Secretary of State to account to get that legislation on the statute book if Europe does not move.

[Sir Jeffrey M. Donaldson]

I need add nothing to the point made by my hon. Friend. We welcome the explicit reference in the Command Paper to Northern Ireland’s part in the economy of the United Kingdom, including the fact that we are within the customs territory of the United Kingdom. We are part of the UK internal market and it is important that that is maintained.

[Colum Eastwood]

May I put it on record that I think the right hon. Gentleman has done a lot of good work over the past couple of weeks and he has been very brave? It is not easy for a Member to face down people in their own constituency, and it is important that he did. May I also put it on record that the Social Democratic and Labour party do not support the Command Paper? We think it has moved far beyond the principles set out in the Good Friday agreement. It undermines north-south co-operation and has far too much focus on east-west co-operation. Moving on from that point, we need to ensure that any future negotiation is done with all parties and both Governments, so that everybody can feel comfortable in the result.

[Sir Jeffrey M. Donaldson]

The hon. Member has made his point with fortitude and determination, but he will understand that I make no apology as a Unionist for having a focus on protecting, preserving, strengthening and binding together our United Kingdom, of which Northern Ireland is a proud part.

Today is an important moment for us as Unionists. The strengthening of our constitutional position within the United Kingdom is important because our primary focus has been on the protection of the Union. In that context, I welcome and draw attention to annex A, paragraph 47 of the Command Paper published yesterday:

“Northern Ireland’s place in the economic union remains the single most important factor in ensuring its prosperity”.

That is the economic union of the United Kingdom: we sell more goods to Great Britain than anywhere else in the world, and we want to maintain our ability to trade freely within our own country. These new arrangements guarantee our unfettered access to the internal market of the United Kingdom, not just now but in all scenarios in the future. The safeguards built into these arrangements will protect our place in the economic union of the United Kingdom.

[Robin Millar (Aberconwy) (Con)]

I echo the right hon. Gentleman’s sentiments about paragraph 47 in annex A. I want to comment on the good will and character through these last months that have been essential to achieving this progress and these gains. Does he agree with me that the polling referenced by the hon. Member for Belfast East (Gavin Robinson) is not as important as the stamp of approval from this House that comes through good debate and scrutiny?

[Sir Jeffrey M. Donaldson]

I thank the hon. Member for his intervention, his continuing interest in Northern Ireland and his work in this place to strengthen and protect our Union. He makes a strong point, which I welcome.

[Sammy Wilson]

I acknowledge the point made by my right hon. Friend, but does he also accept that, in proposed new section 13C of the Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024, the Government still reserve a right in the statute book to introduce laws that will interfere with trade in Northern Ireland?

[Sir Jeffrey M. Donaldson]

I urge my right hon. Friend to read all the proposals. If he does, he will see that a new statutory duty will be introduced that will ensure that in circumstances where there is the risk of divergence, the Minister in charge of the new policy or law will come to this House and make a statement, not only informing the House of any potential impact on Northern Ireland’s place within the United Kingdom internal market, but setting out the measures that the Government must take to ameliorate that situation. That is set out clearly in the Command Paper. It is a commitment by the Government, on which we intend to hold them to account.

Going forward, it is important that we have a means of scrutiny and cutting the EU pipeline, as we have through the amendment to section 7A of the European Union (Withdrawal) Act 2018. People told us, by the way, Madam Deputy Speaker, that we would not achieve legal change, and yet that amendment to section 7A cuts the EU pipeline and ends the automatic alignment of Northern Ireland with EU law. That is something this party can take great credit for, because we have achieved what none of our detractors has been capable of achieving. That offers us the opportunity to influence clearly, as we stated in our seven tests, how we might proceed.

In conclusion, on behalf of my party, I welcome this legislation. It is important constitutional legislation that safeguards our place in the United Kingdom. We will hear later about further changes to the law that will protect our place in the UK internal market. Taken together with all the proposals in the Command Paper, I believe we have a basis for moving forward.