United Kingdom Internal Market

Debate between Jeffrey M Donaldson and Julian Smith

Thursday 1st February 2024 Commons Chamber

[Sir Jeffrey M. Donaldson]

I thank the right hon. Member for his work in trying to move things forward. On the very point he has just made, does he agree with me that it was due to the tenacity of my colleagues and me in not giving up when, in 2020, those clauses were dropped? We persevered and we kept pressing—when others gave up, this party kept at it—and now we see the fruits of our labours with the insertion into the United Kingdom Internal Market Act of key clauses that protect our unfettered access to the United Kingdom and its internal market.

[Julian Smith]

I wholeheartedly agree with the leader of the DUP. This negotiation, as I have observed, has involved hours and hours from the negotiating team, from my right hon. Friend the Secretary of State and from the Prime Minister’s team. It has been dogged and ongoing, and it has been hours of work. I observe some of the debate in Northern Ireland and some of the criticism, but I look at the lists of improvements that have been won, and I again pay tribute to those improvements.

This statutory instrument speaks to a broader point in Northern Ireland, which is the economy and the opportunity for economic improvement. Before talking briefly about that, I would like to pay tribute to the business groups in Northern Ireland that have shown great patience since the Brexit vote on how to resolve many of the practical issues they were faced with. In the Northern Ireland Chamber of Commerce and Industry, the CBI, the Institute of Directors, the Federation of Small Businesses and the Northern Ireland Business Brexit Working Group, many people have been working very hard to seek resolution, and I know that each and every one of those organisations will be pleased with what they have seen this week.

There are huge opportunities in Northern Ireland for the defence sector, the cyber sector, agriculture, pharma and more. Whether it is meat exporters who will be welcoming the tariff deal, the many businesses working with the US special envoy this week in Northern Ireland, or the various economic and inward investment seminars and activities my right hon. Friend the Secretary of State has been organising, all of these businesses will benefit, and they will create jobs and opportunities for families, young people and citizens in the future.

I would like to move away slightly from the statutory instrument, and go back to the Command Paper to reference the paragraph on corporation tax. What has been negotiated by the Government and the DUP on that front is to begin a working group between the Treasury here in London and the Department of Finance in the Northern Ireland Executive to look at the competitiveness of Northern Ireland’s corporation tax, and that gives Northern Ireland an additional opportunity to maximise its already unique position in the United Kingdom.

[Sir Jeffrey M. Donaldson]

I draw the right hon. Member’s attention to a further element in the Command Paper that proposes a special investment zone for Northern Ireland, which will deliver an extra £150 million of funding to drive growth in our economy. Does he join me in welcoming the interest of the Secretary of State for Scotland in working with us to ensure that the ports of Cairnryan and Stranraer are included, so that the links with Larne and Belfast are strengthened, and the Union connectivity that binds our country together is valued, invested in and expanded for the future?

Northern Ireland

Debate between Jeffrey M Donaldson and Julian Smith

Wednesday 22nd March 2023 Commons Chamber

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

I will try to be brief, Mr Deputy Speaker, but you will appreciate that there is a lot the DUP would like to say today in very limited time. The regulations we are debating, known to many as the Stormont brake, touch on many important legal and political matters.

At the outset, I thank the Prime Minister, the Secretary of State and others for their continued engagement with my party and for the efforts they have made. Although at this stage we may differ in our views on the Windsor framework, I am not here to question the motivation of Ministers in seeking to make improvements, but they must—and, I hope, will—continue to work with us and others to get the further improvements that we need to enable the restoration of devolved government in Northern Ireland.

To be clear, I want to see the restoration of devolved government in Northern Ireland. My party is a party of devolution; we believe that delivering effective government for our people is the best way forward, working alongside this House and this Parliament. That is where we want to get to, but we have to get it right.

I echo the comments of the hon. Member for Stone (Sir William Cash) about the rush to bring this statutory instrument forward. I have written to the Joint Committee on Statutory Instruments expressing my concern that we have not had adequate time for scrutiny of the instrument. The Government have indicated that we are not dealing just with the SI before us, but that this is also an indicative vote on the Windsor framework itself. It is therefore important that I reflect not just on what the Stormont brake does, but on where it fits in to the wider Windsor framework.

Fundamentally, for us the problem with the Northern Ireland protocol is the continued application of EU law in Northern Ireland in circumstances in which it covers all manufacturing of goods in Northern Ireland, regardless of whether those goods are being sold in the United Kingdom or to the European Union. I repeat the statistics that I quoted earlier at Northern Ireland questions: of all goods manufactured in Northern Ireland, the vast majority—some £65 billion out of £77 billion of goods manufactured—are sold in the United Kingdom. The solution must be proportionate to the difficulty, and the difficulty is the EU’s desire to protect its single market and to maintain an open border on the island of Ireland. But the price for that cannot be that Northern Ireland businesses manufacturing goods for sale in the United Kingdom are inhibited in many ways from trading within their own market.

I say to the Secretary of State, in relation to the Windsor framework, that although improvements have undoubtedly been made, we have not yet fully addressed the fundamental problem of the continued application of EU law for the manufacturing of all goods in Northern Ireland. We believe that the real solution here is similar to that proposed in the Northern Ireland Protocol Bill, which was that, where goods are being sold in and staying in the United Kingdom, United Kingdom law and standards apply, and where goods are being manufactured by Northern Ireland businesses for sale in the Republic of Ireland or any other EU member state, EU rules apply. That is the solution that we are looking for. The Windsor framework does not deliver that solution.

[Julian Smith]

On that point, and in respect of any other improvements or changes that need to be made, does the right hon. Gentleman agree that the best way to exert influence now is for Stormont to return and to be the centre of what I am sure will be ongoing improvements and iterations in this area?

[Sir Jeffrey M. Donaldson]

I thank the former Secretary of State for his continued interest in Northern Ireland. I say to him simply that my Ministers in the Democratic Unionist party sat in Stormont for more than a year after the protocol was implemented. We pleaded with the Government—as the Opposition spokesperson, the hon. Member for Hove (Peter Kyle), reminded the House—to intervene and do something to help us with the difficulties that the protocol was creating, but the Government did not act. I had to take action, and it was our action that brought the EU back to the table. And yes, we have made progress as a result, but more is needed.

What more is needed? To deliver the pledge given by the Government in the New Decade, New Approach agreement to protect Northern Ireland’s place within the internal market of the United Kingdom. Although the Windsor framework goes some way towards doing that in relation to the movement of goods from Great Britain to Northern Ireland, it does not deal with, for example, the real potential for divergence between EU laws that apply in Northern Ireland and UK laws that apply in Great Britain when the UK decides to change regulations that were formerly EU regulations.

There is a Bill before this House that will fast-track and significantly broaden the number of UK laws that will be changed where EU law is disapplied. That creates the potential for divergence between Northern Ireland and Great Britain. It harms our ability to trade with Great Britain, it harms the integrity of the internal market of the United Kingdom, and the Windsor framework does not address that problem, which we need to see addressed. I say to the right hon. Member for Skipton and Ripon (Julian Smith) that I want to see Stormont up and running, but we need the Government to deliver the commitment that they made when he was the Secretary of State to protect our place in the internal market of the United Kingdom.

Northern Ireland (Executive Formation etc) Bill

Debate between Jeffrey M Donaldson and Julian Smith

2nd reading
Tuesday 29th November 2022 Commons Chamber

[Sir Jeffrey M. Donaldson]

The hon. Lady has made an important point. Let me say at this stage that I applaud the Government for introducing the Northern Ireland Protocol Bill, because somebody had to do something. Somebody had to make the first move, and the Bill has at least brought the European Union to the point at which they are back at the negotiating table, and perhaps adopting a more realistic approach. However, we have yet to see that manifest itself in the form of agreement, and we need to see progress being made.

Why is progress important? Progress is important because coming down the track is a major piece of legislation which will, in my opinion, greatly exacerbate the current difficulty: the Retained EU Law (Revocation and Reform) Bill. Why will that exacerbate the problem? Because Northern Ireland will be excluded from large swathes of the Bill, as it is not possible to remove EU regulations in Northern Ireland that are linked to the protocol, the changes that will made to law in Great Britain will leave Northern Ireland further behind in terms of regulatory alignment within the UK internal market. This will greatly enhance the divide between Northern Ireland and Great Britain. It will lead to regulatory divergence. Therefore time is of the essence, but time is also of the essence because the EU is coming forward with new regulations every week, and those regulations apply to Northern Ireland.

Let me give an important example. The EU is proposing a new regulation on human organs and tissues, which will apply to Northern Ireland but not to Great Britain. What does that mean? It means that unless Great Britain adopts the changes that will be brought about by this new regulation, when Northern Ireland patients are hoping for organ transplants or blood transfusions, special blood products or organs will have to be brought from Great Britain. That presents us with a major problem. Because there will no longer be regulatory alignment between the rules on organ transplants in Great Britain and those in Northern Ireland, there will no longer be regulatory alignment in respect of the use of blood products coming from Great Britain for use in the health service in Northern Ireland. This regulation is coming forward: it has already been the subject of scrutiny by the European Scrutiny Committee in this House.

That is just one small example of how further EU regulation will cause Northern Ireland to diverge further from Great Britain, and will present real and practical issues that are about not just trade, but the health and wellbeing of every single citizen in Northern Ireland.

[Julian Smith]

Will the right hon. Gentleman give way?

[Julian Smith]

Does my right hon. Friend agree that the EU, on the issue of medicines, did show flexibility this year, and did start to move into the area that we were discussing earlier—the area of compromise and less hard facts? We need more of that in other areas. We should encourage the EU to use the principle that it applied to medicines in these other sectors, and to start to move in that direction.

[Sir Jeffrey M. Donaldson]

I thank the former Secretary of State for making that point, and I agree with him. I think that the point he made in his speech— which I echo—is that what we need now, more than anything, is for the European Union to recognise that consensus in Northern Ireland is essential to restoring the political institutions.

In conclusion, the European Union has stated that the primary reason for the protocol is to protect the integrity of the Belfast/Good Friday agreement and the political institutions created by that agreement. That is what the European Union has said countless times, yet the reality is that the protocol is harming the agreement. It is harming the consensus that is necessary—nay, essential —to operate the political institutions created under the agreement. We are approaching the 25th anniversary, and a lot has been said about that in the House this afternoon. For the record, we want to see the political institutions restored well before the 25th anniversary. We want to be able to join with all our citizens in Northern Ireland to celebrate 25 years of a relative degree of peace.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Jeffrey M Donaldson and Julian Smith

2nd reading
Tuesday 24th May 2022 Commons Chamber

[Julian Smith (Skipton and Ripon) (Con)]

The issues that the Bill seeks to address are some of the most sensitive and challenging in our nation’s history. Drawing a line under the past in Northern Ireland is a challenge successive Governments here have sought to address. As we have heard, recent work has been based on agreement between the UK and Irish Governments and the Northern Ireland parties, with a commitment that law and justice matters are devolved and dealt with locally. That was confirmed by the Stormont House agreement in 2014, which almost all Northern Ireland parties signed up to along with the UK and Irish Governments. The Bill, driven from Westminster, overrides both the policy of Stormont House and the focus on consent present in that international agreement. I am deeply uncomfortable about voting for a Bill that will formalise immunity for those who have committed murder and other crimes, but I do acknowledge that none of the range of policy options for the Government is straightforward.

I want to focus my remarks on the fact that with the substantial policy shift that has occurred since Stormont House, now crystallised by the Bill, victims and survivors are deeply concerned that not only will they have to deal with accepting amnesties, but they will have to accept less rigorous reviews of their cases, rather than robust, evidence-based judicial investigations. Throughout the Bill, there are references to reviews, not investigations. The victims point to the fact that the powers in the Bill to compel testimony are weak; that there is a focus on existing evidence, rather than exhaustively looking for new evidence; and that prior investigations cannot be reconsidered. They are extremely wary that the UK Government will be the arbiter of every aspect of the process, from the choice of commissioners to what Government information is shared with the new body.

When I speak to victims, families and survivors, there is a consistent theme—a burning desire to know what happened to their loved ones. Take Shauna, who was just 10 years of age when her mother Caroline Moreland was abducted by the IRA and held for 15 days before being shot dead at the border, just weeks before the IRA ceasefire in 1994.

Shauna said:

“Without this investigation we would never have got answers. Operation Kenova has been important as someone else thought my mum’s life was worth something. Everyone has the right to a thorough investigation”.

Or take Kathleen Gillespie’s husband Patsy, who worked as a chef in an Army base in the city of Derry. On 24 October 1990 Patsy, who was 42 years of age, was abducted by the IRA from his family home. Patsy was chained to a lorry containing a large bomb and forced to drive to an Army checkpoint. He shouted a warning to the soldiers just as the IRA detonated the bomb. It killed Patsy and five young soldiers from the King’s Regiment. The IRA opened fire from across the border, and many soldiers were injured but many saved because of Patsy’s warning. Kathleen has never had a full investigation, and she is devastated that the men and women who did this to her husband will walk free.

Many victims feel that they have been hit by a double whammy by the Bill—their route to justice cut off and, at the same time, their route to the truth restricted.

[Sir Jeffrey M. Donaldson]

I really appreciate the contribution that the former Secretary of State is making, and I know that he is deeply invested in finding solutions from his time in Northern Ireland. We appreciate the work that he has done. I served in the armed forces and lost comrades who were murdered by the IRA, so does he agree that this issue is not simply black and white? As president of the regimental association of the Ulster Defence Regiment, I speak to many UDR widows who are crying out for justice and want the opportunity to have the murders of their loved ones investigated in an article 2-compliant investigation.

[Julian Smith]

I agree with my right hon. Friend’s point. The widows of RUC members, and other victims, are at the centre of our thoughts as we debate the Bill today.

Lawyers, victims’ groups, Liberty, Amnesty International, the Northern Ireland Human Rights Commission and experts at Queen’s University also fear that the proposals will not meet the requirements under article 2 of ECHR and will breach both the UK’s international obligations and the Human Rights Act, which requires independent and effective investigations. If those fears are right, the Bill risks leading to ongoing legal challenge and a highly unstable environment for victims, which many argue would be worse than the patchwork system of troubles justice in place in Northern Ireland today. I urge the Government to look again at the independence and investigatory powers of the body and ensure that it can guarantee victims a full, thorough and legally compliant investigation of their case.

The way in which the Bill will shut down civil cases and inquests is also a source of much anger and worry. Civil actions have provided an effective mechanism for victims to obtain discovery and reparations. As recently as 2021, the Ministry of Defence had to pay significant damages with regard to the Miami Showband attack. In 2021, there was a review of inquest cases and a five-year plan for when each case would be heard. Many families now have the commitment from the justice system that their case will proceed. Inquests provide next of kin with substantial disclosure and provide families with information, answers and results that were previously denied. With the Bill, families who have been promised that inquests will take place risk having them thwarted just because of their place in the queue.

Those inquests have been shining a spotlight on new evidence. For example, the long-running inquest into the IRA murder of 10 Protestant civilians at Kingsmill has involved the largest volume of intelligence material disclosed in any inquest that has run in this jurisdiction. We saw recently in the Ballymurphy inquest, completed in July 2021 after 100 days of evidence, that the verdicts and findings of Mrs Justice Keegan were that the 10 victims were entirely innocent and the force used by the British Army was not justified. It is important to acknowledge that the inquest system has sucked up significant resource, often without conclusions. I urge the Government also to look at that. There must be a fairer way of completing the current work programme and avoiding such an unfair cut-off point.

I return to the shift from the Stormont House agreement to the Bill. Many victims have had their confidence shaken by the lack of support for the proposals from Northern Ireland political parties, Ireland and the US. Policy content aside, key to Stormont House was agreement, buy-in and consent. Consent is vital when dealing with legacy at a practical level for cross-jurisdictional changes that need to be solved and need assistance from Ireland. Consent also has an impact on the ground in Northern Ireland today. The Bill is about the past, but it is also about the present. Paramilitarism is still a key feature of Northern Ireland society, and how issues of the past are dealt with feeds into the groups and organisations that traumatise Northern Ireland society today. Balance and an even hand are vital.

Northern Ireland Executive Formation

Debate between Jeffrey M Donaldson and Julian Smith

Thursday 16th January 2020 Commons Chamber

[Julian Smith]

I thank my right hon. Friend for that and I again pay tribute to her work; there were many, many references to specific meetings and engagements, and to a specific bottle of wine, when she hosted party leaders, and she made a big difference to the overall process. I thank her for her efforts.

On the office of diversity, these now are devolved matters, but I absolutely concur with the direction of my right hon. Friend’s question: let us not make this deal add to the division. Everything needs to focus on bringing the community in Northern Ireland together.

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

May I add our voice of appreciation to the Secretary of State and his team for their efforts to help the political parties in Northern Ireland to secure agreement, to the former Secretaries of State, the right hon. Members for Staffordshire Moorlands (Karen Bradley) and for Old Bexley and Sidcup (James Brokenshire), for the work they have done, and to our former Prime Minister, the right hon. Member for Maidenhead (Mrs May), for her efforts and for the particular attention she paid to Northern Ireland during her term of office? We welcome the deal as being fair and balanced. Of course, as for all parties, elements of the deal will be difficult and challenging for us going forward.

We welcome the measures for veterans in Northern Ireland, the appointment of a new Northern Ireland veterans commissioner and the full implementation of the armed forces covenant in Northern Ireland. These are welcome developments for the men and women who served our country. We also welcome the establishment of an Ulster British commissioner to promote the culture, heritage, arts, literature and so on of the Ulster British people of Northern Ireland. We believe that that is an important step forward in promoting and supporting the identity of all of us who regard ourselves as Unionists and having our place in the United Kingdom. On the commitments made on Brexit, I echo the question asked by the former Prime Minister. The current Prime Minister has talked about Northern Ireland having full access to new trade deals, so it will be interesting to see how that works out in practice.

The funding issue has already been raised by the Opposition Front Bencher. We are concerned that, if this deal is to work and devolution is to be effective in Northern Ireland, the resources need to be there in order to ensure sustainability. Can the Secretary of State assure us that the remaining balance of the confidence and supply agreement moneys previously committed by the Government will be included and will come to the Northern Ireland Executive in full?

[Julian Smith]

I congratulate my right hon. Friend on his victory in the Democratic Unionist party leadership election and I look forward to working with him. I echo his comments on the commitment of this deal to veterans and to the armed forces covenant, things that he and his party have campaigned so long for. I also pay tribute to Nigel Dodds and Emma Little Pengelly, who have left following the election, for their work. On the issue of funding, I can confirm that the confidence and supply funding will be dealt with in the estimates process in the usual way.

Historical Institutional Abuse (Northern Ireland) Bill [Lords]

Debate between Jeffrey M Donaldson and Julian Smith

2nd reading: House of Commons
Tuesday 5th November 2019 Commons Chamber

[Julian Smith]

The hon. Lady makes a very positive and sensible suggestion, and I am happy to do that. We spoke to Lady Hart last night, and Sir Anthony was, I think, perplexed by the slowness of us all to get this done. I will follow up as the hon. Lady suggests.

The draft legislation was subject to a 16-week consultation process in Northern Ireland, and the Bill was drafted by the Northern Ireland civil service at the request of, and based on a consensus reached by, all six of the main Northern Ireland political parties.

The inquiry’s report was published in January 2017, the same month as the collapse of the Executive, so the Executive never considered the report and it was not laid before the Northern Ireland Assembly. That is why, in July, the Government committed to introducing legislation by the end of the year, if the Executive were not restored, and it is why this was one of the first Bills in the Queen’s Speech.

This is the first Bill of its kind in the United Kingdom, with the results of inquiries in England and Wales and in Scotland yet to be completed. I hope this Bill will give some comfort and hope to victims of child abuse across our country.

Following the election announcement a week ago, there has been significant worry and concern from victims about how the Bill might progress. I thank the Prime Minister and Government business managers for facilitating the Bill today, and I thank Opposition business managers and Opposition spokesmen and women for coming to agreement and for working with us to ensure this Bill passes through both Houses before the election.

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

It is the true mark of the House that, when it comes to dealing with the most vulnerable in our society—those who suffered for a long time and who have waited a long time for justice—this House rises to the occasion. That sets an example we might send back home to Northern Ireland in calling for all the political parties to come together, to get back to Stormont and to get back to working on behalf of all the people of Northern Ireland.

[Julian Smith]

I could not agree more.

I thank my colleague Lord Duncan of Springbank, Lord Hain and other noble lords and baronesses for their work in the other place last week. Many Members in the Chamber today have played a role in making today’s debate happen, particularly DUP Members, the hon. Member for North Down (Lady Hermon), the Chairman and members of the Northern Ireland Affairs Committee and many, many more.

The desire and push from Northern Ireland has been significant. On Sunday night, a number of members of the Government received a letter from a Catholic priest who represents the diocese of Down and Connor, which was the location of two of the children’s homes at the centre of the inquiry. He said that it is

“a matter of deep personal shame for me and for the Diocese that both homes were found by the Inquiry to have fundamentally failed the children in their care, enabling regimes of horrific and systemic emotional, physical and sexual abuse of children, as well as neglect. In the period before the Inquiry, I came to know some of the former residents of these homes and publicly supported them in their calls for justice and an Inquiry. Over the years of the Inquiry and since, I have watched as those who led this campaign and the hundreds of former children in care who took part in the Inquiry relived the horrors of their time in these institutions and the abuse they suffered there. As children, they arrived at these homes frightened, disorientated and with the simple hope of every child that the adults in their lives would respond to them with affection, understanding, tenderness and care. Instead, they were met so often with hard-hearted coldness, harsh regimes of sterile adult routine and lovelessness, as well as indescribable sexual and physical abuse. It is difficult to overstate the suffering that the former residents of these homes have endured and continue to endure as a result of their experience.”

On the final day of one of the most divided Parliaments in British political history, we can say, hand on heart, that we have all come together, worked together and pulled together to deliver this Bill.

Oral Answers to Questions

Debate between Jeffrey M Donaldson and Julian Smith

Wednesday 30th October 2019 Commons Chamber

[The Secretary of State for Northern Ireland (Julian Smith)]

The PSNI operates on a very flexible basis. My view is that it is well resourced—as I said, it got additional funding through the recent funding increase for the police—but I will keep monitoring that over the coming weeks.

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

There can be no justification in any circumstances for the use of violence against a democratic decision taken by the people of this country. Nevertheless, the EU withdrawal agreement could create a precedent whereby the principle of consent is altered. The principle of consent is fundamental to Unionist support for the political process and our participation in it. I ask the Secretary of State to look again at what the Government have proposed in this agreement and the damage it is doing to Unionist confidence in the process.

[Julian Smith]

As my right hon. Friend knows, there is no change to the constitutional status of Northern Ireland. I accept that there have been significant questions from the Unionist community. I met with a range of Unionist community groups, including the Orange Order, on Saturday. I will continue to have those meetings and to reassure people that there is no constitutional change and that the arrangements for the Assembly and the Executive remain unchanged.

Northern Ireland: Restoring Devolution

Debate between Jeffrey M Donaldson and Julian Smith

Monday 21st October 2019 Commons Chamber

[Julian Smith]

Sinn Féin, like other parties, has been engaging very positively with me, and I have had good conversations with its senior leaders. As this House makes a positive decision on Brexit in the coming days, I think that is a significant change, and it could be the catalyst for further movement on these talks.

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

I cannot emphasise enough to the Secretary of State how important the principle of consent is to Unionists. The idea that a decision of the momentous nature of the one we will be expected to take in four years’ time does not reflect adequately the principle of consent, as expressed in the Belfast agreement, has serious implications for our ability to support the restoration of devolution without that safeguard. I say with all seriousness to the Secretary of State that if this issue is not addressed, it goes well beyond this Brexit deal.

[Julian Smith]

I say again to my colleagues and friends in the DUP and to Unionists across this House and in Northern Ireland that this protocol is for a reserved matter; it is not for the Assembly. The Belfast agreement is extremely clear that there will be matters that are not subject to the consent mechanisms in the Assembly. The Government will continue to work to ensure that this protocol, as the Bill goes through Parliament, is executed in a way that is reassuring to all Members and all parts of the Northern Ireland community. But remember that the issue with the backstop was a lack of consent. This consent mechanism is intended to deal with that, but it has no effect on the Northern Ireland Assembly.