Northern Ireland

Debate between Jeffrey M Donaldson and Colum Eastwood

Thursday 1st February 2024 Commons Chamber

[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.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Jeffrey M Donaldson and Colum Eastwood

Consideration of Lords amendments
Tuesday 18th July 2023 Commons Chamber

[Colum Eastwood (Foyle) (SDLP)]

Unlike some of the people who have been involved in this debate more recently, who have left the Chamber of course, we care about the victims and we want to put the victims at the heart of all this.

I have been working on this issue for about 20 years. I know many of those victims. They are not people who want to live in the past; they are people who want a better future. But unless we deal with this issue, they will never be able to have the reconciled future that they crave. The Bill is a licence for impunity and a signal to other countries that they can murder their own citizens and get away with it, but mostly it is legislation written in very dark corners of the British establishment to ensure that light is not shone into those corners.

The Secretary of State tells us he has had a lot of meetings and I am sure he has. He has met victims’ groups, human rights groups, the United States Administration and European politicians, and he has met all of us. I would love to know whether he came away from any one of those meetings with the impression that people actually wanted this Bill. As the hon. Member for Belfast East (Gavin Robinson) said, we do have an agreement: not only are we agreed that we are opposed to the Bill, but we are agreed that Stormont House is the way to carry out this process. To pretend that we have all been fighting over this issue for the last seven or eight years is just nonsense.

Moreover, the pretence that the Bill is about allowing people to get to the truth is quite easily debunked. I remember the Bloody Sunday inquiry. The soldiers were offered immunity within that inquiry and they lied through their teeth; if hon. Members do not believe me, they should read the Saville report. One after another, they lied through their teeth. The notion that, if we give people immunity, they will all of a sudden come and tell us all they know is just not practical or realistic. I do not believe victims will engage in that process.

I also want to say something about the nonsense that we have all these vexatious prosecutions. Nobody has ever pointed one out to me. There are no vexatious prosecutions. I would love someone to tell me exactly how many British soldiers served time as a result of what they did in Northern Ireland. It would not take very long to count them.

We are disappointed that Lords amendment 20 is being opposed by the Government. Operation Kenova, run by Jon Boutcher, has been lauded around the world and is internationally respected as a good approach to dealing with these issues. It has family approval. Families are bought into the investigation and the outcomes they desire. It proves the point that, if we want to get to the truth, we have to investigate. Time after time, whether it is the Government or paramilitary organisations, they have proven to us that they will not give the truth just because we ask nicely.

[Sir Jeffrey M. Donaldson]

To support the hon. Member’s point about the work of Jon Boutcher and his team in Op Kenova, he will be aware that, as a result of their rigorous investigative process, a number of files have now been passed to the Public Prosecution Service, including—I am careful about what I say here, Mr Deputy Speaker—potential prosecutions against members of illegal, proscribed terrorist organisations, yet we have had no outcome to that process from the PPS. Given that this legislation is coming down the road, one wonders why there does not appear to be sufficient progress being made in following through on the work of Jon Boutcher’s team and moving on those potential prosecutions.

Northern Ireland

Debate between Jeffrey M Donaldson and Colum Eastwood

Wednesday 22nd March 2023 Commons Chamber

[Colum Eastwood (Foyle) (SDLP)]

In the very short time I have, I will make a number of brief points. We do not like the Stormont brake, for a number of reasons. I would never have agreed the Stormont brake, because I think it damages and clouds the investor proposition; it has no specific role for the human rights or equality commissions; and the brake can be pulled before the committee can even finish its work on scrutiny. Most importantly, given the number of years I spent in Stormont, I think it is a very bad idea to give the DUP a veto over anything.

I also want to say something about some of the people in this House who will vote against this motion today—former Prime Ministers and members of the European Research Group, all of whom supported the protocol which had no Stormont brake and far more checks for businesses. They are more interested in internal Tory politics than they are in the wishes and interests of the people in Northern Ireland, and I urge the DUP to learn the lesson of the past few years. The people who the DUP Members can trust—the people who want to work with them—are sitting right here on these Benches. They are not over there on the Back Benches of the Tory party.

[Sir Jeffrey M. Donaldson]

I thank the hon. Member for giving way. I just want to say two things: first, the people we trust are the people who elected us to stand for them. Secondly, as the hon. Member will well know, the veto that was given to the DUP was given to us by the people of Northern Ireland, who voted in a referendum for the Belfast agreement. That includes a veto for Unionists, and therefore when he decries that, he is decrying the agreement that his party supported.

Northern Ireland Budget Bill

Debate between Jeffrey M Donaldson and Colum Eastwood

2nd reading
Monday 23rd January 2023 Commons Chamber

[Sammy Wilson]

I am thinking only of my own experience. Actually, the road was cut because the Irish Government said they were not going to make their contribution to it.

[Colum Eastwood]

It is interesting that people in Derry are entitled to some Government funding—thank you very much! My constituency has the highest unemployment, the highest claimant count and the highest household overcrowding, and it has five of the 10 most deprived areas in Northern Ireland. Maybe some work was done, and maybe some money was spent outside the Greater Belfast area, but it has not had the impact that some might claim.

If people think it is good enough or acceptable just to say that we will throw a few quid at people in Derry—people who have been left behind—after many decades, they are absolutely wrong. The New Decade, New Approach agreement was referenced earlier, and this Government have a responsibility for some of the commitments in it. I think of the expansion of Magee—there is still no funding for that from the Government. There is the Brandywell stadium—there is still no funding for that from the Government. And there is the Northlands addiction centre—we have had promise after promise, but the money is still not in a bank account.

Frankly, I find it difficult to watch people jumping up from their seats and giving excuse after excuse as to why it would not make any difference if we were in government, when people are literally dying on trolleys right now because they cannot get access to the health service. We are abdicating our responsibilities as elected representatives for the people.

[Sir Jeffrey M. Donaldson]

The hon. Member consistently attacks the Democratic Unionist party, but might I remind him about the history of his own party? When people were dying on the streets of Northern Ireland in their thousands, his party refused to take its seats at Stormont and participate in a functioning Assembly for very many years. He will argue there were valid reasons for that, but he should at least respect that if we are going to sort out our problems in Northern Ireland, Unionists also have an entitlement and a right to have valid reasons not to participate in institutions when they feel that their rights have been undermined and diminished.

[Colum Eastwood]

That is astonishing, given the fact that we had the Sunningdale agreement, where we had people working in those institutions. They were brought down, frankly, by people associated with the right hon. Gentleman’s political party and other Unionists. That accusation thrown at the Social Democratic and Labour party for not wanting to make institutions work is coming from someone who walked away in the dying hours of the negotiations to bring about the Good Friday agreement. That agreement had to be brought about because the three strands—the three sets of relationships—had to be recognised. We could not have an internal settlement in Northern Ireland without north-south institutions and institutions that recognise the east-west dimensions to our relationships as well, and it is absolutely ridiculous to state otherwise. We now have people in the DUP using the Good Friday agreement as a reason why they cannot go back into government. It is absolutely astonishing, it is wrong and it is an attempt to pull the wool over people’s eyes.

We all, in all our communities and constituencies, should recognise that the European social fund, for example, has gone. That was £40 million into communities, supporting 1,700 jobs and activity right across every single community. The British Government are proposing to give us half of that back, even though they told us that we would not lose a single penny as a result of Brexit. That is 800 jobs in the community and voluntary sector gone. We have councils across Northern Ireland right now considering massive rates hikes, which will put more pressure on ratepayers and small businesses, and it will mean that workers in those small businesses, many of whom are already on the breadline, will lose their jobs.

We also have an opportunity missed today—I think the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) and every other political leader in Northern Ireland will agree with me on this, because they all signed a letter about it—to implement the organ donation law known as Dáithí’s law. The Government missed the opportunity, and I ask them to revisit that. The work done by young Dáithí, his whole family and the people around that campaign deserves support from this Government.

I also put on record my condolences to Alex Easton, his whole family and his family circle. It is an awful tragedy to happen to anyone, and I cannot imagine what that family is going through.

We have proposed a change to the rules around how a Speaker would be elected, which I think could get the Assembly back up and running and at least see Committees meeting. It will not see an Executive up and running, but that is down to a political decision by the DUP. The DUP tells us that the basis of the Assembly is consensus—well, not in my experience. I do not remember an awful lot of consensus in the Assembly in the nine years I was there. The principle of consent is the basis for the Good Friday agreement, and it is a very different thing.

I am saying, as an Irish nationalist who thinks that all these economic and social outcomes will be better in a new Ireland—I think we will get there sooner than some people think, and I thank some of the people sitting to my left for that—and who wants to bring about constitutional change, that the principle of consent is sacrosanct. It is not going anywhere, and it is not changing. This pretence that we have been taken out of the United Kingdom and nobody noticed is the basis of the boycott of the Executive, but I must have missed the victory party, if we are now all in a united Ireland. I did not notice.

[Sir Jeffrey M. Donaldson]

Now you’re being childish.

[Colum Eastwood]

No, I am not being childish. The DUP’s argument is that this is a constitutional rupture and the people of Northern Ireland have been taken out of the United Kingdom. That has been said twice by DUP Members in this debate, and it is simply not true. If that is what they want to tell people, it is a very strange way of being a Unionist.

My view is that the Assembly is there to deal with all the problems we have in the health system and the education system. I want to see a united Ireland, and I will work to make that happen, but I have to convince enough people and we have to have a referendum, and that is when the principle of consent comes into play. The two things should not be conflated. A political decision has been made by the DUP, and there are consequences for it. My view is that the DUP has to own those consequences.

Identity and Language (Northern Ireland) Bill [Lords]

Debate between Jeffrey M Donaldson and Colum Eastwood

Wednesday 26th October 2022 Commons Chamber

[Sir Jeffrey M. Donaldson]

I thank the hon. Gentleman for his intervention, but I did not say that; I said that when the draft order was published last week, this was not on the Order Paper. I spoke to the then Chief Whip, who gave me the assurance that such a sensitive issue as this would not be debated further until after any Assembly election, yet here we are.

I have to look at this and come to the conclusion that there appears in the NIO to be fairly blunt attempt, in fast-tracking this legislation today and in refusing to take any amendments to deal with Unionist concerns, to further an agenda. I do not say that lightly. I am not given to making accusations that have no substance. I believe that this is a blunt attempt by the Northern Ireland Office to deliver a key demand made by Sinn Féin so that Sinn Féin can go to the polls and trumpet their achievement, and not to accept any Unionist amendments so that Unionism cannot go out and say, “We believe this is a fair and balanced approach to very sensitive issues.”

When we signed up to the New Decade, New Approach agreement, it was about the terms for restoring devolved government in Northern Ireland after three years of Sinn Féin saying that we could not have a Government until the Irish language issue was addressed. That is an indisputable fact. That was their key demand. New Decade, New Approach was therefore a package that was designed to address the concerns of people across the community, and it was the basis for restoring devolved government.

For Unionism, two key elements—among others—of that agreement helped us take the decision to go back into the power-sharing Executive. One was the UK Government’s commitment to protect and restore Northern Ireland’s place in the UK internal market. Two and a half years later, that has not been delivered. That is why, in February, I reluctantly had to take steps to withdraw the then First Minister—because the Government had not delivered their New Decade, New Approach commitment.

The second element was ensuring a balanced outcome on language and identity. The Bill destroys that balanced outcome. I therefore say to the Minister in all candour that if the Bill goes through unamended, we will have to return to the issue, because it is a key part of New Decade, New Approach. The measure needs to be balanced and respect the identity and culture of the Ulster British and Ulster Scots communities in Northern Ireland. We will not settle for second best. We will not settle for our identity and culture being treated as second class.

Our amendments are not about changing the provisions on the Irish language. We are not seeking to level down. We are not trying to diminish the rights in the Bill. We want to ensure parity of esteem for the Ulster British and Ulster Scots tradition, heritage and culture. We are not seeking to do anyone down. We want—to use a phrase that the Government often use—to level up, so that our identity, culture and heritage can be fully protected and respected, just as we expect the identity, heritage and culture of others to be protected and respected.

[Colum Eastwood]

I am grateful to the right hon. Member for giving way, but will he bring a little clarity to some of his remarks? He said that DUP Members would return to the issue. He is entitled to his opinion and position on any issue, but we already have no Government in Northern Ireland because of the DUP’s stance on the protocol—we will not debate that today. What exactly is the right hon. Member saying about the DUP’s position if the Bill goes through? In my view, we have a desperate need for a Government in Northern Ireland.

[Sir Jeffrey M. Donaldson]

I agree that we want the political institutions to be up and running. We have often heard from others that agreements should be honoured. That is often the mantra of others. New Decade, New Approach is not being honoured today. I simply say to the hon. Member and the House that we will not settle for the Bill as the final outcome. We will continue to argue our case that further protections need to be provided. I will listen carefully and closely to the Minister. This is not the end of the matter. It needs to be dealt with properly. We need fairness, equity and parity of esteem. We have often been told that that is what we want. That is what we need, and that is what I desire for the communities that we represent.

Northern Ireland Protocol Bill

Debate between Jeffrey M Donaldson and Colum Eastwood

Committee stage
Wednesday 20th July 2022 Commons Chamber

[Sir Jeffrey M. Donaldson]

Indeed, and that speaks to the issue that I raised about the democratic deficit. The Government are endeavouring, through the Bill, to correct the flaws that were evident in the protocol. Although some in the House will point out that the Government signed up to the protocol, I welcome the fact that the Government recognise that the protocol is not working, that it is harmful to Northern Ireland and that changes need to be made. That is very important.

We believe that the democratic deficit needs to be addressed. The European Union has so far shown an unwillingness to introduce proposals that would meet the United Kingdom’s concerns in that regard. We do not yet know whether there will be a change of heart, but in the absence of that, we are with the Government on this: we want a fair and reasonable system.

I repeat what I have said throughout the Committee: if we set aside the process of how we got here and examine the detail of the Government’s proposals as a framework to provide solutions to the problems, I believe that that framework is fair. It respects the integrity of the EU single market and its right to protect that market. However, for us, it also fundamentally recognises and respects the United Kingdom’s right to protect the integrity of and to regulate its internal market. The protocol prevents the Government from doing that for the whole United Kingdom. Northern Ireland is currently subject to regulations that are introduced by the EU in a manner over which we have no say.

Other Members have raised the fact that, at the moment, we do not have a fully functioning Assembly and Executive in Northern Ireland, yet I still do not see or hear an understanding from them of how that situation has arisen. It was with great reluctance that we took the decision to withdraw the First Minister back in February. It only happened after much delay; I stood on the green outside this building and was mocked by the hon. Member for Foyle (Colum Eastwood) for not having followed through on the warning that I had given to withdraw the First Minister. He goaded us, saying that we had not followed through, and he sits on these Benches now and attacks us for taking the decision that we warned we would have to take if progress was not made towards addressing the issues related to the protocol.

I have also said, and reiterated during these debates, that as we make progress and as decisive action is taken by the Government in implementing this legislation, we will of course restore those political institutions, because we want them to work and function in the way that they were intended to. The hon. Members for Foyle and for Belfast South (Claire Hanna) seemed to suggest from a sedentary position that the concept of power sharing and consensus was not a fundamental principle of the Belfast agreement. I have to differ from them on that: I believe that power sharing is at the heart of the Belfast agreement and in the principle that, in a divided society such as Northern Ireland, we cannot have one side with all the power and others excluded from power. Therefore, the concept of power sharing was embraced by the political parties in Northern Ireland and has been the basis on which those political institutions have operated. However, if power sharing is to work, it requires cross-community consensus.

I hear this new language from the SDLP, in particular, and also the Alliance party, who constantly talk about a “majority” of this and a “majority” of that. When Unionists had the majority, however, we were told that majority rule was anathema to the Alliance party and the SDLP—that we could not have a Unionist majority governing in Northern Ireland and there had to be cross-community consensus. However, when Unionists have concerns and issues and say that the cross-community consensus does not exist, our concerns are almost dismissed. Lip service is paid to them but, at every opportunity, there is opposition to reasonable change that would address Unionists’ concerns.

I have not heard from the likes of the SDLP what the solution is, beyond saying, “Let’s have negotiations with the EU”. But negotiations have been tried—there have been 300 hours of negotiations. If the EU is prepared to come back to the table, change its negotiating mandate and act in good faith to get a solution that restores the cross-community consensus in Northern Ireland, bravo. But we see no inclination from the EU that it will do that.

So what do we do? Do we sit back, rub our hands, say, “It’s all too difficult” and wait for the day when, hopefully, the EU will come riding over the hill and rescue the political stability in Northern Ireland, rescue the Belfast agreement and rescue the concept of power sharing on the basis of a cross-community consensus? That has not happened, despite the EU’s bold claims that the protocol was designed to protect the Good Friday agreement and the political institutions. Those institutions are not functioning precisely because there is not a cross-community consensus in support of the protocol.

We need arrangements that reinstate and restore Northern Ireland’s place in the UK internal market, which respects the outcome of article 1 of the agreement—that Northern Ireland remains an integral part of the United Kingdom—as was recognised by the Irish Government and by the people of the Republic of Ireland, who voted in a referendum to change its constitution to recognise that Northern Ireland is part of the United Kingdom. I am afraid that the protocol has disrespected that constitutional settlement—that recognition that, for the time being, that is the settled will of the people of Northern Ireland. These issues are fundamentally important, and addressing the democratic deficit is important.

[Colum Eastwood]

Despite what the right hon. Member has been saying, I am very grateful to him for giving way. I know that he is a new convert to supporting the Good Friday agreement; in fact, he left the talks before they were concluded and then opposed the Good Friday agreement from the outset. That is fine—that is his right—but I wonder whether he can explain what version of Brexit can get this mythical cross-community consensus. The word “consensus”, in that sense, is not in the Good Friday agreement.

[Sir Jeffrey M. Donaldson]

I am not going to delve back into the history of Northern Ireland and leave the Committee bemused by an exchange on the Opposition Benches about the wherefores and merits of the Good Friday agreement in 1998. Yes, I did vote against the agreement in 1998, because I was opposed to what I regarded as deep flaws in it—not least its abject failure to address the needs of the innocent victims of the troubles, which were trampled over in the initial format of the agreement.

We are now trying to deal with the legacy not just of 30 years of violence, but of almost 25 years of an agreement that failed to address the issue in the first instance. I happen to believe that an important part of it that ought to have been dealt with in 1998 was not dealt with. I voted against the agreement on that basis, but, to be clear, at no stage did I ever oppose it on the basis that I opposed power sharing or that I believed that the only way forward was anything other than cross-community consensus. I have argued consistently as a Unionist that in a divided society, cross-community consensus has to be the way forward.

--- Later in debate ---

[Colum Eastwood]

What about the nationalists?

[Sir Jeffrey M. Donaldson]

Yes, nationalist concerns need to be heard. I believe that the proposals that the Government have made address the concerns on both sides of the community. They address the need to protect the integrity of the European Union and the need to protect the integrity of the United Kingdom.

Do you know what? In 1998, when the referendum was held on the Good Friday agreement, I voted against it—but on the day the result was announced, I stood outside at Balmoral, in the constituency of the hon. Member for Belfast South, and declared that I accepted the result and would continue to work to change the agreement in a way that would benefit all the people of Northern Ireland. I would love to hear some day from SDLP Members that they finally accept the result of the largest democratic vote ever held in this United Kingdom, in which the people of this nation voted to leave the European Union. If they do not like what has happened, they should work to change the arrangements, as we are trying to do, rather than going back to 2016 and saying, “It’s all too difficult, it’s all terrible and therefore we can’t do anything about it.” The essence of democracy and the essence of good politics is that when you do not like something, you seek to change it.

Northern Ireland Protocol Bill

Debate between Jeffrey M Donaldson and Colum Eastwood

Committee stage
Tuesday 19th July 2022 Commons Chamber

[Colum Eastwood]

If the right hon. Member agrees that the North South Ministerial Council would be a good forum for discussing some of these issues, maybe he would allow it to meet.

[Sir Jeffrey M. Donaldson]

I am as anxious as anyone to get back to having those discussions, and once the confidence of the Unionist community has been restored—the Bill has the potential to help us to do that—we will be back in our place. I simply say to the hon. Member for Foyle (Colum Eastwood), as I said to the hon. Member for Belfast South (Claire Hanna), that we must recognise that this is not just about the practicalities of trade; for Unionists it goes much deeper than that, and we need to address this. We need to find a solution to this that rebuilds confidence and restores the need for consensus in our politics, and that applies to the North South Ministerial Council. What I cannot accept, and what my party would not agree to, is giving the North South Ministerial Council a veto over what the UK can do to regulate its internal market. I do not think that is right or appropriate. It would have an impact on the delicate constitutional balances that are part of the Belfast agreement.

[Colum Eastwood]

The right hon. Member makes an interesting point, and I think he is right when he says that it is not just the practicalities of trade that are damaging confidence within the Unionist population, but does he believe that this will be enough to keep those people who are out on the streets happy? There will still be checks, and that constitutional issue that he has will not go away as a result of this Bill.

[Sir Jeffrey M. Donaldson]

We are seeking to find a solution that works for everyone, and we are listening to what business is saying, just as the hon. Member for North Down and the SDLP are rightly doing. I accept that there will not be a solution that everyone in Northern Ireland will agree with.

I do not believe that accommodating checks on goods moving from the UK to the EU represents a constitutional change to our status as part of the United Kingdom, but I do believe that carrying out customs checks on goods travelling from GB to Northern Ireland and staying within the United Kingdom does have a constitutional impact on our position within the United Kingdom. I make a distinction in that respect. The question then is where and how you do those checks. We are prepared to look at what the Government are proposing, which is why I asked them to publish as soon as possible their proposals for the so-called green lane and red lane approach so we can see what that means in practice and how it might work, and to consult the Northern Ireland political parties and the business community on the practicalities of all this. But, in my opinion, removing the bureaucracy, the checks and the restrictions on the movement of goods within the UK internal market answers the question raised by the former Secretary of State, the right hon. Member for Chipping Barnet: this will resolve the issue around article 6 of the Act of Union, which says there should be no barriers to trade within the United Kingdom itself.

Although I understand the concerns that have been raised about the practical workings of this Bill, I believe it offers a potential solution that addresses the real and genuine concerns of not only Unionists in Northern Ireland but many in the business community. Yes, some in the business community say that the protocol works for them, but many say the opposite.

We are looking for an outcome that respects Northern Ireland’s place within the United Kingdom, that respects the core principles of the Belfast agreement, including the need for consensus, that removes the barriers to trade within the United Kingdom, that offers a practical solution to goods crossing into the European Union and protects the integrity of the EU’s single market, and that enables business to have a real say in how those solutions are designed.

We will not be supporting the amendments because we do not believe they are necessary to achieve the required objectives.

Northern Ireland Protocol Bill

Debate between Jeffrey M Donaldson and Colum Eastwood

Committee stage
Wednesday 13th July 2022 Commons Chamber

[Colum Eastwood (Foyle) (SDLP)]

The right hon. Member has stated that the Union is at risk because of the protocol. I know that he is no big supporter of the Good Friday agreement, but does he not accept that very clearly written into that agreement is the principle of consent? That basically means that, no matter how much I want it, we cannot change the constitutional position of Northern Ireland until the people of Northern Ireland and the people of the Republic of Ireland vote for it.

[Sir Jeffrey M. Donaldson]

I will come to the Good Friday agreement in my remarks, but I simply say to the hon. Member that there is a difference of view as to how we interpret what is required in terms of consent. Lord Trimble, as one of the key negotiators of the Belfast agreement, has stated very clearly that the principle of consent does not just apply to the final question as to whether Northern Ireland should remain part of the United Kingdom. The term “constitutional status” extends to these circumstances, where Northern Ireland’s constitutional relationship with the rest of the United Kingdom has been changed by virtue of the subjugation of the Acts of Union.

--- Later in debate ---

[Sir Jeffrey M. Donaldson]

I agree entirely with my hon. Friend, and that brings me to the heart of the issue for us—the threat to the Belfast agreement posed by the current situation.

[Colum Eastwood]

On the point about consent—we did get slightly distracted—I totally and absolutely disagree with the right hon. Gentleman and Lord Trimble on how they say consent works. It is not an elastic principle; it is about one thing, the constitutional position of Northern Ireland. If it is elastic, however, does it apply to Brexit, since that was a constitutional rupture for the people of Northern Ireland, and the people of Northern Ireland voted against it? If it applies to the protocol, why does it not apply to Brexit?

[Sir Jeffrey M. Donaldson]

Brexit did not change the constitutional status of Northern Ireland as part of the United Kingdom. The protocol did that. The referendum on Brexit was a United Kingdom-wide referendum. The hon. Gentleman and I lead parties that have the word “Democratic” in their names; I accepted the democratic decision of the people of the United Kingdom to leave the European Union, and I have fought ever since for the basis of that departure to ensure that Northern Ireland’s place within the United Kingdom is respected.

That is at the heart of article 1 of the Belfast agreement. All parties to that agreement, including the Irish Government, accepted that Northern Ireland remains part of the United Kingdom. Indeed, the Irish Government changed articles 2 and 3 of the Irish constitution to reflect the principle of consent and the reality that Northern Ireland remains part of the United Kingdom. When I voted for Brexit, I certainly never voted to change the constitutional status of Northern Ireland, and that is not something the people of Northern Ireland have been asked to do.

Northern Ireland (Ministers, Elections and Petitions of Concern) Bill

Debate between Jeffrey M Donaldson and Colum Eastwood

Consideration of Lords amendments
Monday 7th February 2022 Commons Chamber

[Sir Jeffrey M. Donaldson]

Article 16 of the protocol—this is relevant to the debate this evening—makes provision for the UK Government to act unilaterally, and the Minister has said that the Government are prepared to do that. However, they said that in their Command Paper over six months ago, and in those six months the cost to Northern Ireland businesses has exceeded well over half a billion pounds. In those six months, businesses in Northern Ireland have faced costs and disruption to their trade with the rest of the United Kingdom. This is simply unacceptable.

The European Union said that the main purpose of the protocol, apart from setting out practical arrangements for the movement of goods, was to protect the political institutions in Northern Ireland and the Good Friday agreement. Does anyone now seriously believe that the protocol has achieved that purpose? It has not. Why? Because there is no Unionist consent for the protocol. It has changed our constitutional status with the rest of the United Kingdom. It has superseded article 6 of the Act of Union itself, which makes provision for free trade within our own country.

I am therefore disappointed that, although we are debating this Bill and the issues it addresses, they are relatively minor in comparison with the key commitments made by the Government in the New Decade, New Decade agreement, which have not been honoured two years later. Why should my constituents be treated as second-class citizens in their own country? Why should my constituents be subjected to laws that are imposed by a European Union over which we have no say whatever? We have regulations that my Ministers are required to implement and over which we have no say whatever.

We have been patient. We have waited and we have waited for the Government to act or for the EU to recognise the reality that this protocol is harming political and economic stability in Northern Ireland. But I am afraid that I have to say to the Minister: enough is enough. We need action—not words, not more promises, as the hon. Member for Hove said, and not more empty commitments. We need action by the Government, because this is about the Union, about the future of the Union and about protecting Northern Ireland’s place within the internal market of our own country. Why are we leaving it to the European Union to come up with a solution? This Government are the Government of the United Kingdom of Great Britain and Northern Ireland. Their primary responsibility is the integrity of this country. It is time the integrity of this country, and Northern Ireland’s place within the United Kingdom, was properly protected in line with the promises made in this agreement.

[Colum Eastwood (Foyle) (SDLP)]

It seems there is an election in the air. It is wonderful to hear all the new converts to the Good Friday agreement and civil rights. I wonder where they were when the Good Friday agreement was being signed, or when people were marching for their civil rights on the streets of my constituency and others. [Interruption.] Well, you weren’t there anyway.

I remember that, in the negotiations that led to the New Decade, New Approach agreement, the people arguing for this piece of legislation were the Democratic Unionist party. Rightly, they made the argument that Sinn Féin might bring the Assembly down. Of course, we had good evidence to say they might because they brought it down and it was down for three years. At that point I thought, “Good, everybody’s learned their lesson. Bringing the Assembly down gets us nowhere. All it does is have longer waiting lists. Our school estates are crumbling, our economy is not being dealt with. Maybe finally we are at the point now where people have learned their lesson that when you get elected to be in a position you have to go there. You have to take the power in your hands and try to change people’s lives.” But then this very week, coincidentally, four days ago, just within the seven-day gap that the new amendment will allow people to avail themselves of, the DUP walked out of the Executive and now we do not have an Executive at all.

I hear a lot in this House about the precious Union and how this is all about the Union. Where is the Prime Minister or even his Secretary of State for Northern Ireland when a key part of that supposedly precious Union, the Executive of the devolved Administration of Northern Ireland, has collapsed? Nowhere to be seen is the Prime Minister of this precious United Kingdom. If I was a Unionist in Northern Ireland today—I can assure the House I am not—I would be looking very closely at how this Government treat them.

To be honest, I find it quite shocking we are in this position today. One of the things that has led us to this position is that the Prime Minister, the former Brexit Secretary and the Secretary of State for Northern Ireland have been promising to trigger article 16 for months. Of course, the protocol was part of the withdrawal agreement that this Prime Minister negotiated, signed and told everybody was fantastic. But what is worse about all this is that the DUP actually believed him. I have a four-year-old who would not have believed him. It is astonishing that, after all of this, the DUP, which championed Brexit—it’s all one United Kingdom referendum, we all have to leave together, we were told—[Interruption.] Then there was an opportunity—[Interruption.] Members really want to listen, Mr Deputy Speaker. Then there was an opportunity to stop a border in the Irish sea by voting for the whole of the United Kingdom to stay in the customs union and single market. The DUP rejected it. [Interruption.] I hear, “That wasn’t Brexit.” Well, maybe it is about time that the DUP chose between the purest version of Brexit and the Union they profess to love. Now we have a protocol that had to be put in place because the DUP and others forced the hand of a previous Prime Minister into ensuring there would be a border in the Irish sea. It was not as if this was a surprise. Many of us, people of a nationalist persuasion and people of no persuasion at all, were shouting it loudly on TV and on the radio to tell them: this is what is going to happen if you don’t do something sensible about Brexit. We also have an opportunity. Let us get rid of most of the checks. Let us do it tomorrow. Let us have an SPS agreement with the European Union. The DUP reject that as well. How did they think this was going to end?

Now we have the DUP, who for months have held a gun to their own head, telling the British Government and the European Union, “If you don’t get me what I want, I’ll shoot.” And now they have shot and what have they got? This will never precipitate the result they want because it is impossible to do what the DUP wants. That is the reality. This is not about the protocol; this is about an election that will come in the next few months. All this is about is shoring up the Unionist support. That is what every election in Northern Ireland is about. Let’s get the people worried! Let’s get them scared! Who is going to be First Minister? Who is going to be Deputy First Minister? The Union is at risk! Why not actually work to make the institutions work and persuade the people out there who are interested in this big constitutional debate that they actually should vote for the Union at some point? But everything that the DUP does makes my job easier and easier. I do not have to do anything to persuade people to vote for constitutional change. I just have to let the DUP speak, because everything it has done over the past five or six years has led to more support for the Union.

The real losers in all this are the ordinary people of Northern Ireland who are going through a health crisis—our waiting lists would embarrass a third-world country—and who are seeing rising gas prices. They want to see the climate change legislation, they want to see the welfare mitigations going through and they want to see the domestic violence and stalking legislation, but what the DUP wants to do is walk away from its responsibilities. I hear from Sinn Féin that it wants an election as soon as possible, never mind about getting all the legislation through. Surely we have to learn the lesson that politicians are elected to go to work, to be at their desk to deal with the problems, and to sit down and work together to solve the problems on behalf of the people. All we got from the DUP this week, and from Sinn Féin five years ago, is that they walk away if they do not get what they want. Well, look how it is going to end up. The waiting lists will be longer, the schools will continue to crumble and our young people will continue to emigrate. That is the legacy of those two parties running Northern Ireland over the last 15 years, and it is about time people looked for something different.

Debate on the Address

Debate between Jeffrey M Donaldson and Colum Eastwood

Tuesday 11th May 2021 Commons Chamber

[Sir Jeffrey M. Donaldson]

I thank the hon. Member for his intervention, and he anticipated the point I was about to make. Where there is evidence that someone has committed murder or potentially committed murder, we are very clear that no one is above the law, but I am concerned, for example, about the case we saw last week in Belfast. Yet again, veterans of our armed forces were dragged before the courts, with no new evidence, having previously been subjected to article 2-compliant investigations, and were put through the agony and the distress, in their latter days, of having to go to court and defend themselves. That is what the hon. Member was referring to when he talked about vexatious prosecutions, and we opposed that.

We are clear that the veterans of our armed forces and our police officers who courageously served on the frontline and who defended our entire community against the ravages of terrorism should not be subjected to such vexatious prosecutions. There has been far too much focus—far too much focus—on our veterans and our retired police officers. We need a process that brings the spotlight on to those who caused by far the greater amount of hurt and suffering in Northern Ireland, who are those who stepped outside the law and were part of paramilitary terrorist organisations.

[Colum Eastwood (Foyle) (SDLP)]

I thank the right hon. Member very much for giving way. Can I just ask him one question: how many members of the security forces have been prosecuted to date?

[Sir Jeffrey M. Donaldson]

Well, very few have been prosecuted to date for this reason: the forces of law and order, whether they be our armed forces or police, were acting to protect the community. I am very clear that if a member of the armed forces steps outside the law, of course they are amenable to the law—I am clear about that—but what I am not prepared to accept are our veterans being targeted in the way that they have been in being singled out and pursued through the courts when there is no new evidence and when they have previously been subjected to article 2-compliant investigations. That is unfair, it is wrong, and it must stop. The Government must bring forward legislation to protect veterans and retired police officers from those kinds of vexatious prosecutions. We need a proper process to deal with legacy that enables the innocent victims of terrorism, in particular, to have access to justice so as to have their cases examined. That is why we would not be in favour of measures that would close off the prospect of innocent victims having access to justice.

Northern Ireland has come a long way in the past 100 years, through very difficult and challenging times, but in good times as well. I end by paying tribute to the many hundreds of thousands of people in Northern Ireland who continue to carry the scars of our troubled past. I want to see a Northern Ireland and a future for our people that enables us all to move forward. We cannot forget the past. We cannot pretend it did not happen. But we can take the steps that are required to ensure that it never happens again and that in the next century the mark of Northern Ireland—our place in the world—will be to be known for what we can achieve in realising the full potential of all our people in building a shared future for everyone in Northern Ireland. That is what we want. That is what we desire for our people. We learn from the past and we understand our history, but we look to the future. I have outlined measures that the Government can take to help us build that shared future to create a Northern Ireland where there is peace and prosperity for all. Let us remove the barriers to achieving those objectives.