European Union (Withdrawal Arrangements) Bill

Jim Allister Excerpts

2nd reading
Friday 6th December 2024 Commons Chamber

[Jim Allister (North Antrim) (TUV)]

I beg to move, That the Bill be now read a Second time.

I begin by thanking my co-sponsors for their help and support with the Bill: the right hon. Members for Chingford and Woodford Green (Sir Iain Duncan Smith), for Belfast East (Gavin Robinson) and for East Antrim (Sammy Wilson), and the hon. Members for Blackley and Middleton South (Graham Stringer), for Clacton (Nigel Farage), for South Antrim (Robin Swann), for Boston and Skegness (Richard Tice), for Upper Bann (Carla Lockhart), for North Down (Alex Easton), for Strangford (Jim Shannon) and for East Londonderry (Mr Campbell). I also wish to thank my own staff for their assistance during recent weeks, particularly Dr Dan Boucher, who has worked tirelessly on these matters. I record my appreciation of international lawyer Mr Barney Reynolds for his help and guidance on many of the technical issues.

Since I came to this House in July, I have lost count of the number of times I have heard affirmations from the Government Benches about “fixing the foundations.” Well, there is one foundation that most assuredly needs fixed, and that is the foundation that flows from the inequitable post-Brexit arrangements as they affect my part of the United Kingdom: Northern Ireland. The foundations of this United Kingdom have been disturbed and dislodged by those arrangements. The primary purpose of this Bill is, yes, to fix those foundations—to restore equilibrium to Northern Ireland’s place within the United Kingdom and to our relationship as a nation with the EU.

In fixing the foundations, we need to reflect on the most basic tenet of democracy, namely that a people should be governed by laws made by those they elect to make those laws. That is so fundamental that we all presumably almost take it for granted, yet tragically and with great constitutional detriment, that is no longer the position in respect of Northern Ireland. There are 300 areas of law where the right to make laws is not exercised in this House or in the devolved Assembly, but has been surrendered to the European Parliament. That is such a momentous thing that it should cause anyone who values the fundamentals of democracy—who clings to the principle that a people are entitled to elect those who govern them and make their laws—to be ashamed that this situation has evolved. It is not just a democratic deficit, but undemocratic plundering of the Northern Ireland statute book by the EU.

These are not incidental matters or trifling issues. They are the laws that deal with customs, general trade, goods, motor vehicles, cosmetics, toys, electrical equipment, textiles, medical devices, pesticides, waste, and food hygiene, ingredients and marketing. They cover 13 different areas of law dealing with food alone. They are the laws that deal with disease and with animals—with the breeding, welfare and identification of animals. Thirty-four different diktats of the EU govern all of that.

[Ms Stella Creasy (Walthamstow) (Lab/Co-op)]

I appreciate the hon. and learned Gentleman’s passion. He also needs to be honest with this Chamber that the laws he is talking about include human rights laws, and the basic, equal treatment of everybody in Northern Ireland. His legislation would rip up the very foundation of democracy, which is that everybody is equal. Does he not need to be honest with this Chamber that the 300 laws he is talking about include equal human rights?

[Jim Allister]

I will be absolutely honest with this Chamber, and to be absolutely honest with this Chamber, the hon. Lady is not addressing the issue as it emerges. I will deal with the impact of article 2 of the protocol. I want nothing more for my constituents than the same rights that the hon. Lady’s constituents have, be they human rights, the right to make the laws of our land, or any other rights. I ask for no privilege, but I certainly do not accept any detriment. That is the point here.

[Ms Creasy]

The hon. and learned Gentleman and I share a common concern, then. My constituents in Walthamstow do benefit from the protection of their human rights, because we are still members of the European Court of Human Rights. Indeed, equal access to those human rights is what the Good Friday agreement was based on. The effect that his legislation would have on article 2 of the Windsor framework would breach those principles, so if it went through, would there not be less of a connection between constituents here in England and constituents in Northern Ireland?

[Jim Allister]

I respectfully and utterly disagree. As part of the United Kingdom, we are all subject to the Human Rights Act 1998. The Human Rights Act is what fundamentally gives the hon. Lady’s constituents the rights that they have in that sphere, and she would lose nothing by losing the control of the foreign court of the European Court of Justice.

I am listing examples of the 300 areas of law that have been purloined by the EU in its sovereignty grab over Northern Ireland. I mentioned the 34 different diktats on animals. We have even reached the point in Northern Ireland where, under these arrangements, our cattle can no longer bear a UK ear tag. They now have to have a specified European Union ear tag. That is but an illustration of how absurd and utterly wrong and offensive it is that the right to make the laws in our own country has been surrendered to a foreign power.

All those 300 areas are set forth in annex 2 of the protocol or, as it is now more kindly called, the Windsor framework. Look at annex 2, look at the hundreds of laws—289 of them which now have been removed from the ambit of the lawmaking of this House or the lawmaking of the Northern Ireland Assembly.

[Sammy Wilson (East Antrim) (DUP)]

It is amazing to look at the volume of law: there are 70 pages containing not the details of the law but simply the headings of the law. That shows the extent to which the EU has its foot in the door in Northern Ireland.

[Jim Allister]

Absolutely. I printed them off a couple of months ago and I was staggered by how voluminous just the titles are. It is not just 300 laws; it is 300 areas of law which have been surrendered.

I have a challenge for every Member of this House who comes from a different part of the United Kingdom from Northern Ireland—those who represent GB constituencies. My challenge to them today is: “How would you feel if in 300 areas of law affecting your constituents, you had no input—you couldn’t change, you couldn’t move an amendment—because those laws were made colonial-like in a foreign Parliament by those elected not by your constituents but by the constituents of 27 other countries?” How, I ask this House, could any democrat, any representative MP, say that is right and correct?

[Alex Ballinger (Halesowen) (Lab)]

I thank the hon. and learned Gentleman for introducing this debate. He is talking about the democratic deficit; is it not right that the Northern Ireland Assembly will be debating consenting to the procedures on 10 December, and are we not pre-empting that debate by holding this debate here now?

[Jim Allister]

I will be dealing with that, but the hon. Member invites us to think that it is appropriate that those elected to the Northern Ireland Assembly should turn up on Tuesday of next week and vote to disenfranchise their own constituents—to say, “You, our constituents in Northern Ireland who sent us to the Northern Ireland Assembly, we are not worthy to make your laws. We must bow to the superiority of a foreign Parliament, and we must surrender to that foreign Parliament the right to make these laws in hundreds of areas of law.” The hon. Member might think that is admirable and is the very epitome of democracy, but I happen to think it is the very opposite.

[Dr Allison Gardner (Stoke-on-Trent South) (Lab)]

The Bill would create a democratic deficit that the hon. and learned Member has already referred to, and the Windsor framework has addressed that with the Stormont brake, which allows the Northern Ireland Assembly to review all laws applied.

[Jim Allister]

I respectfully suggest that the hon. Member reads a little deeper. She will discover that the Stormont brake is farcical. The previous Member for North Antrim in this House aptly said it was like someone sitting in the back seat of a car and saying to the driver, “Would you ever be so kind as to pull the brake?” That is what the Stormont brake is: a request to the British Government to pause the imposition of an EU law. The British Government do not have to do it—there has been one request to date and nothing has happened about it—so it really is a fiction, and an insult to the democratic mandate of the people of Northern Ireland.

[Richard Tice (Boston and Skegness) (Reform)]

To continue the analogy, the Stormont brake has been described to me as rusty and not attached to anything.

[Jim Allister]

And if we can pull it, nothing happens. That is the value of it. The most limp excuse that I hear for this plundering of the Northern Ireland statute book by the EU is, “Oh, international law requires this.” Sorry? What sort of international law says that a state must self-harm by disenfranchising its own voters? There is no such international law. I will deal later with the fundamental basics of international law and how they have been distorted in justification of these arrangements.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. and learned Gentleman for bringing forward the Bill. It is important for us in Northern Ireland and for this whole great United Kingdom to look at this. Our constituents must not lose their place in the United Kingdom of Great Britain and Northern Ireland without consent, by stealth, but that is what is happening. Brexit was a vote for all of us to leave Europe, not for Northern Ireland to leave the UK, and this outstanding matter is detrimental to our economy, peace and stability. Does he agree that the Bill must be supported by all in the House if there is to be justice for all in this great United Kingdom of Great Britain and Northern Ireland?

[Jim Allister]

The hon. Member touches on a fundamental. In June 2016, we all had the opportunity to vote on Brexit. Some liked it and some did not, but the question on the ballot paper was: “Do you want the United Kingdom to leave the EU?” The question was not: “Would you like GB to leave the EU, and leave Northern Ireland behind?” But that is what we got. That is a fundamental denial of Brexit to my constituents in Northern Ireland. That is the source of the disparity, and undemocratic consequences have flowed from that.

I mentioned the 300 areas of law. They are all recited in annex 2 of the protocol. It is no surprise that the first area of law covered in annex 2 is customs, and that the first law put on the people of Northern Ireland is the EU’s customs code: EU regulation 952/2013. What does the customs code do? It operates on the basis that GB—those who got Brexit—is no longer a part of the EU; it is, in the words of the customs code, a “third country”, or in common parlance a foreign country, whereas Northern Ireland is treated as EU territory. Therefore we have this absurd insult under the customs code that goods coming to Northern Ireland—a supposed part of the United Kingdom—from GB must be subject to all the rigour of declarations, checks and reporting of data recording. Why? Because GB is treated as a foreign country when it sends its goods, particularly its raw materials, to my part of the United Kingdom.

That is the iniquitous effect of the Union partitioning and dividing the customs code and protocol. Some Members seem to find that amusing. If hon. Members believe at all in the United Kingdom—maybe some do not—they should be as offended as I am by the fact that moving goods from one part of the United Kingdom to another involves an international customs border under the control of foreign law. How could any MP—amused or otherwise—think that is right and equitable?

[Joe Powell (Kensington and Bayswater) (Lab)]

Perhaps the hon. and learned Member would like to reflect on a proposal that I support—a veterinary agreement with the EU to reduce the checks on goods moving between Great Britain and Northern Ireland. That would have to honour our commitments under the Windsor framework, if it was to come into effect.

[Jim Allister]

The hon. Member may wish to see the whole of the United Kingdom sucked back into the EU. I want to see my part of the United Kingdom enabled to follow the rest of the United Kingdom properly out of the EU.

All this is for an international border over which the trade flow is infinitesimally small. We have had diversion of trade since, but in 2020, 0.003% of all the goods going into, and trade with, the EU passed from Northern Ireland to the Republic of Ireland. Yet for that, we are building border posts at the cost of tens of millions of pounds, in the constituency of the right hon. Member for East Antrim (Sammy Wilson), in Larne, Belfast and Warrenpoint. As I will set out, there is another way.

[Dr Scott Arthur (Edinburgh South West) (Lab)]

The hon. and learned Gentleman is talking with great passion about an issue that is really important to him, and that he has raised many times in this House. He will accept that 2020 is not a representative year, because of the pandemic. Also, although it might be a small part of trade within the EU, that trade with the wider EU is probably very important to traders in Northern Ireland, including those in his constituency. Many businesses in my constituency are still struggling to come to terms with Brexit, and they envy the trading relationship that Northern Ireland has with the EU. He must recognise that.

[Jim Allister]

I will deal with that more fully, but for now I will say that the trade that matters the most to Northern Ireland is with our biggest partner, Great Britain. That is the source of the overwhelming majority of our raw materials that keep our manufacturing industry going, but as a result of this pernicious Irish sea border, that trade is fettered. All raw materials have to pass through the full ambit of an international customs border. If the hon. Member’s constituents envy the position of my constituents, they really need to reassess the situation, as does he. It is nothing to envy.

[Robin Swann (South Antrim) (UUP)]

I thank the hon. and learned Member for introducing the Bill. At Prime Minister’s questions, I asked the Prime Minister about the general product safety regulation that will come into effect next Friday, which will force suppliers in constituencies across England, Scotland and Wales to increase bureaucracy and costs if they still want to supply Northern Ireland consumers and producers. Does he agree that it is absurd that we are putting additional costs on our internal UK market to facilitate the requirements of the European Union?

[Jim Allister]

I agree absolutely. We already see the consequences. [Interruption.] Again, this seems to be a matter of humour to some on the Government Benches. Increasingly, we see that GB suppliers simply stop supplying, because they will not put themselves through the rigours of the customs code, documentary declarations and everything else. It is very difficult for anyone trying to do business in Northern Ireland. In the main, small and medium-sized businesses do not have the resources to employ the extra 10 staff that a big business might to meet the requirements of crossing the Irish sea border. Small suppliers do not have the necessary resources, so they simply stop supplying Northern Ireland. That feeds the continuing diversion of trade.

[Will Stone (Swindon North) (Lab)]

A report came out two days ago suggesting that Northern Ireland’s economy was going to be stronger than that of the rest of the UK. Does that not have something to do with the Windsor framework, which is allowing businesses to invest in Northern Ireland? Surely that is a good thing.

--- Later in debate ---

[Jim Allister]

The hon. Member might be interested to know that the growth area of the Northern Ireland economy is the services sector, which is the one sector not included by the protocol—it is outside all that. The one sector that is outside the protocol is increasing. There is a clear message in that.

[Gavin Robinson (Belfast East) (DUP)]

I had not intended to intervene on the hon. and learned Gentleman, but on that point, Invest Northern Ireland, the body charged with encouraging foreign direct investment into Northern Ireland and with growing our economy, cannot point to one example of business investing in Northern Ireland as a direct result of the Windsor framework.

[Jim Allister]

Absolutely. I will return to that.

[Alex Ballinger]

Will the hon. and learned Gentleman give way?

[Jim Allister]

I will make some progress. I will be as generous as I can with interventions, because I know that Government Members want to talk this Bill out—and, because they are not shame-faced enough, some of them want to vote against the principles of the Bill, but there we go.

The right hon. Member for Belfast East (Gavin Robinson) makes an important point. The reason why that point has traction is found in EU regulation 625 from 2017. It determines that Northern Ireland is, according to our courts, for these purposes, EU territory. We have had several legal cases in Northern Ireland, such as the Rooney case. The judgment in that case established that the EU official controls on food and feed law, animal health, plant health and so on have to be in place because our High Court has ruled that under that applicable EU law, for regulatory and customs purposes, the entry point to the EU is the Northern Ireland ports. Could it be any more Union-dismantling than that? Under EU law, to which we are subject, the entry point to the EU is the ports of Northern Ireland.

Mr Justice Colton said that EU regulations must be interpreted according to EU law as a result of article 4.1 of the withdrawal agreement and article 13.2 of the protocol, which, he goes on to say, have domestic effect in the United Kingdom under section 7A the European Union (Withdrawal) Act 2018. He said that under the withdrawal agreement it is at Northern Ireland ports that EU territory is entered. He went on:

“The UK is not to be treated as a unitary state for the purposes of OCR checks coming from GB into NI.”

Could it be any more stark that Northern Ireland has been colonised by the EU?

What is a colony? It is a territory governed by someone else’s laws from a foreign jurisdiction. When 300 areas of law—including customs, and including the very definition of Northern Ireland’s territory in trading terms—are governed by foreign EU laws, we have created a situation in which, in that context, Northern Ireland is a veritable colony. There are many people in the House—the Government Benches opposite are populated by many of them—who boast of their anti-colonialism. They constantly pride themselves on their anti-colonial heritage. Yet here we have a part of this United Kingdom colonised by EU law, to the point that we are told that when someone enters the ports of Northern Ireland, they enter EU territory.

[Andrew Lewin (Welwyn Hatfield) (Lab)]

I believe the European Union is our ally—it is 27 democracies—and I am concerned about some of the language I am hearing. The hon. and learned Gentleman talks of colonisation and surrender; is that the message we want to send to our 27 friends and allies in the European Union?

[Jim Allister]

Maybe the hon. Member could help me. What would he call taking a territory and subjecting it to someone else’s laws? What would he call it other than colonisation? Is that not the very essence of what he and his colleagues wear as a badge of pride in their anti-colonialism? Is that not what it is in name and in truth?

[Sammy Wilson]

Does the hon. and learned Gentleman remember that in the Brexit negotiations those so-called allies made it clear that the price of Brexit would be Northern Ireland’s removal from the United Kingdom? Far from being allies, they declared themselves to want to be colonisers.

[Jim Allister]

Yes, that was the boast of Mr Barnier and his staff: that the price of Brexit would be Northern Ireland—and so it has proved to be. That may be something of indifference, or indeed pride, for some people in this House, but it should be a badge of shame that we allowed a part of the United Kingdom to be colonised by the EU, and that we have surrendered our rights to make our own laws.

[Andrew Lewin]

For the record, is it the hon. and learned Gentleman’s view that the 27 member states of the European Union are not our allies? At least one Member has made that point, as has another next to him. It is important to have this on the record for the House: does the hon. and learned Gentleman believe the 27 member states of the European Union are allies of the United Kingdom, or not? I certainly do.

[Jim Allister]

The EU has behaved not as a friend to Northern Ireland. The EU has behaved as a sovereignty grabber in respect of Northern Ireland. That is where it caused, and continues to cause, the offence. If hon. Members think it is a good thing to back that up and endorse it, they obviously do not think very much of the territory of Northern Ireland.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

We are moving slightly into the ridiculous; may I bring us back to the main point? The purpose of the Bill that the hon. and learned Gentleman has drafted is simply to provide a solution for what is currently an unworkable position. I say to Government Members that it is not about 27 nations hating the UK; ultimately, it is about function. Sir Jonathan Faull, who was the director general of the EU internal market service directorate, ended up as director general of the taskforce for strategic issues related to the UK referendum, and he and his team came to a simple conclusion: the only way to make the situation workable was to have, in essence, what is in the Bill. He has put out a statement today to say exactly that. It is a practical issue, and those who knew and understood the difficulties at the time said there was a way to do this, but they were ignored.

[Jim Allister]

The right hon. Gentleman is absolutely right. Those of us who are looking for a solution are supporters of this Bill, because we cannot go on as we are. Those who think that it is okay to subjugate part of their own territory are opposed to this Bill. They are quite content with the colonisation of part of our territory. In constitutional terms, where we have ended up is that Northern Ireland is no longer a full part of the United Kingdom. Why? It is because we are not our own masters in 300 areas of law and that a foreign jurisdiction makes those laws. What does that create? It creates what is called, in constitutional terms, a condominium: Northern Ireland is ruled in part by UK laws and in part by foreign laws. [Interruption.] The hon. Member for Walthamstow (Ms Creasy) finds that hilarious—sorry, it is not hilarious to be subjected to that.

[Ben Coleman (Chelsea and Fulham) (Lab)]

I find myself surprised to agree to an extent with the former leader of the Conservative party, the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith): we need to move away from some of the ridiculous, extreme language. There is no reason why the European Union would want to colonise Northern Ireland. Are we not talking about a sensible agreement that does not seek to impose sovereignty but instead seeks simply to avoid a hard border on the island of Ireland, to safeguard the Good Friday agreement in all its dimensions and, at the same time, protect Northern Ireland’s place in the UK and in the UK internal market? Should we not recognise that and stop using extreme language that does nothing to take the debate sensibly forward?

[Jim Allister]

The whole purpose of this Bill is to restore equilibrium and to get us to a point at which we have a sensible relationship based upon mutual respect, not on the grabbing of the sovereignty, one from the other. That is where we have got to. The hon. Member may not like to face up to it, but a whole raft of jurisprudence and lawmaking has been removed from within the reach of this United Kingdom and placed within the control of a foreign body, and that is not the basis for a sustainable solution.

[Ms Creasy]

Will the hon. and learned Gentleman give way?

[Jim Allister]

I have given way quite often, so I am going to make some progress.

That is why what I regard as the two liberation clauses in my Bill, clauses five and two, exist. They are the clauses that will free the whole United Kingdom, and Northern Ireland in particular, from this malevolent situation in which a huge portion of our laws are made not by ourselves but by others. That is very important. I have spent a lot of time in this debate talking about the constitutional import of all this, and that is very important, because it is that which gives certainty and assurance to any part of this United Kingdom. However, before I leave that issue, I remind the House that, because of the protocol arrangements, our Supreme Court had to rule that article VI of our Acts of Union, which guaranteed unfettered trade access between and within all parts of the United Kingdom, stand in suspension. There cannot be a higher authority than the Supreme Court to demonstrate that a key component of the very Acts of Union that makes this Union is in suspension, and if the cause of suspension is the protocol or the Windsor framework, then no one who believes in that Union should be sanguine or at ease with that.

There are also economic consequences. Before Brexit, Northern Ireland had an economy that was very integrated with the rest of the United Kingdom. It had the free, unfettered flow of goods one way and the other, as we had and would still have from Birmingham to London or Edinburgh. We had exactly that.

[Deirdre Costigan (Ealing Southall) (Lab)]

The hon. and learned Member mentioned certainty, and he has just mentioned the impact on the economy of Northern Ireland. Does he agree that bringing in a Bill such as this, which would see regulations in Northern Ireland change in potentially just three months, would have a massive impact on businesses in Northern Ireland? It would have a huge impact on the economy of Northern Ireland, and it is not what businesses need right now.

[Jim Allister]

I can tell the hon. Member that it is exactly what businesses need. My constituency office is choked, from time to time, with businesses saying, “Why is it that I cannot get the goods I need without all this paperwork and bureaucracy?” There are many small businesses in my constituency and elsewhere, such as small engineering businesses, which rely for their raw materials not on huge containers coming in, but on parcels of bolts and everyday materials, six, seven, eight or 12 of which come a week. Come early next year, the Irish sea border is going to extend to a parcels border, and we are going to have a situation in which those businesses that rely on the daily arrival of a parcel of some raw materials from GB will be put through the red lane of this full-blown international customs border. The hon. Lady may think that that is good for business. It is a death knell for businesses. That is the problem that we have.

The economic consequences are severe. Even with the Windsor framework, all our raw materials that feed all our manufacturing industry and that come from GB now have to pass through the red lane in a full international customs border. Think of that—think of the effect on a business. That is what is stifling, not growing, business. In consequence, we have had trade diversion—of course we have. We have veterinary medicines. In the main, our veterinary medicines come from GB, and always have done, but now we face a cliff edge where, according to EU diktat, they can no longer come because we are subject to the veterinary requirements of the EU, not the United Kingdom. Medicines that we have used safely and with no problems for decades are suddenly to be stopped.

The Government say that they will get a deal—well, let us see it. Even the very thought that we have to go cap in hand to a foreign power to say, “Please could we have an arrangement where, from within our own country, we could bring our own medicines to another part of our own country? Please could we do that?”, is so humiliating at a national level and so prejudicial to our farming community.

[Dr Arthur]

I thank the hon. and learned Member for giving way again; he continues to speak with passion. The issue about medicines is really interesting. I know that he has spoken at some length already, but it would be useful if he could outline some of the medicines that will be prohibited and what the alternatives to them will be.

[Jim Allister]

There are human medicines, and there are veterinary medicines. The vast swathe of veterinary medicines currently stand to be prohibited. As for human medicines, there are some for diabetics that are still subject to difficulties.

[Robin Swann]

rose—

[Jim Allister]

The hon. Member was the Health Minister in Northern Ireland and knows all about that, so I will gladly give way to him.

[Robin Swann]

On that point—I see that Members are smiling; I am quite concerned about the attitude to the issue of some of those on the other Benches—a serious piece of work has been done with the European Union on the subject of continuing the supply of human medicines to Northern Ireland. The challenge is not in the legislation but in the fact that producers and suppliers must meet EU requirements for specific Northern Ireland labelling, which makes it not worth their while to supply items to Northern Ireland, with the result that some manufacturers are still not doing so.

[Jim Allister]

The hon. Member knows that from experience.

I want to make some progress, and to make one point very strongly: the economic consequences are dire for Northern Ireland. We have heard much talk about the fantasy of a dual-access bonanza. We have been told that Northern Ireland will become the Singapore of the west, that we now have unrivalled access to the UK market and to the EU market—consisting of 500 million people—and that everyone should be overwhelmed by the fantastic opportunity that this provides. How wrong that has turned out to be, and for one very simple reason, already alluded to by the right hon. Member for Belfast East.

We have heard the suggestion that inward investment will flow into Northern Ireland because of this dual market access, but it has not done so. Invest Northern Ireland has had to admit that there has been no upturn—and why is that? Because any benefit, if there is one, is countermanded by the fettering of the trade from Great Britain. A manufacturer wishing to set up a business in Northern Ireland in order to have access to the EU market is bound to say to himself—because investors are intelligent people—“Where will I get my raw materials? Oh, I will get them, as most do, from Great Britain.”

But then he will discover that those raw materials will have to pass through an international customs border, with all the regulation, all the delay and all the inspection, and the shine soon goes off that idea. Far from being a bonanza, this has turned out to be anything but.

I have already pointed out that the one sector that is flourishing is the service sector. That does not just happen to be the case; it is able to flourish because it is outside the protocol. And things will get worse: next Friday, when the general product safety regulation comes into force, many small suppliers will simply stop supplying because of the bureaucratic burden that will be placed on them. Already, in so many cases, when someone wants to buy an item online, this will pop up: “Not available in Northern Ireland.” Why is that? Because the small suppliers from Great Britain find it impossible to handle the burden of bureaucracy, so they are simply saying, “We are not supplying to Northern Ireland.” That is hugely frustrating for so many people in Northern Ireland—including, I might say, Mrs Allister, who, like many a woman, wants to order things and then finds that they are not available in Northern Ireland. How would hon. Members from Great Britain feel if “not available in Scotland,” “not available in Wales” and “not available in England” constantly popped up? Would they not be asking why? And when they heard the answer, “It is something called the protocol,” why would they continue to be enthusiasts for the very thing that is blocking their consumers from getting the supplies they need? This is a practical issue.

[Torcuil Crichton (Na h-Eileanan an Iar) (Lab)]

I commend the hon. and learned Gentleman’s passion, but his problems are not unique. Anywhere in the highlands and islands of Scotland, or even in peripheral parts of England, has the same delivery problems as he does.

[Jim Allister]

Ours is not a delivery problem; ours is a bar on sending. Ours is not just that it is too difficult; ours is that it is too difficult because of the international customs requirements. That is the difference between us and the highlands and islands. I am sure the highlands and islands do have that delivery problem, and I am sure that small businesses do shirk the desire to serve them, but in Northern Ireland it is for a more fundamental and compelling reason.

[Linsey Farnsworth (Amber Valley) (Lab)]

The frustrations that the hon. and learned Member is talking about are surely a good argument for what the Government are trying to do in resetting the relationship between the UK and the EU. Therefore, this Bill would only undermine the UK’s credibility in doing that with our international partners. Does he agree that we need to remain focused on the issues going forward, rather than going over these points again?

[Jim Allister]

This Bill is prospective in its tone and purpose. It is about going forward. It is about solving the problem that has been put upon us. The hon. Member says, “Oh, let’s reset.” For some, of course, that means, “Let’s rejoin.” That is a matter for those who are advocating for it, but it is certainly not where I would like to see this United Kingdom go.

Yes, we need to reset, but we need to reset on the basis that Brexit is for all, not just for some. When we reset on that basis, the Government will not have me constantly raising these issues, because I will have the equal citizenship that has been denied to me and my constituents by these arrangements. Fundamentally, this is an equal citizenship issue. The thought that they are being treated differently, by being denied the equal citizenship of the rest of the United Kingdom, is quite appalling and insulting to many people in Northern Ireland.

Article 2 of the protocol has been mentioned in an intervention. The Government said a couple of nights ago that they will appeal the findings in one of the cases in Northern Ireland, although, listening to the Secretary of State for Northern Ireland, I think it is a pretty half-hearted appeal. Article 2 shows us that it is not just about trade. That was the initial selling point of the protocol, “Oh, it is only about trade,” but now we have discovered, through article 2, that it has a most pervasive effect on all sorts of things.

Legislation in the last Parliament has been overturned in its application in Northern Ireland. Why? Because of article 2. Now, whether we liked or disliked the Rwanda Bill is not the point. The point is that our High Court and Court of Appeal have ruled that the provisions of the Rwanda Bill cannot be operated in Northern Ireland. Why? Because of article 2.

Why is that? Because article 2 subjects Northern Ireland to the EU’s human rights provisions, not the UK’s human rights provisions. Protections that exist for asylum seekers under EU law therefore prevent the measures from operating. It is not about the debate of the merits or de-merits; it is about the constitutional fact that a Bill of this House, the sovereign will of that time of this supposedly sovereign Parliament, could not be implemented in a part of the United Kingdom because of the supremacy of EU law.

[Ms Creasy]

Will the hon. and learned Gentleman give way?

[Jim Allister]

No, I will finish my point. That is the fundamental issue here. We also had it on the legacy Bill. Again, it is not about the merits or the de-merits of the legacy Bill, much of which I abhorred; it is about the principle that our courts in this United Kingdom rule. The provisions of this Parliament—the sovereign will of this Parliament—are overridden by the laws of a foreign jurisdiction. That is the fundamental issue of sovereignty at stake here. That is why clause 2 will address the import of article 2 by making it something that cannot be given effect in domestic law.

[Ms Creasy]

I thank the hon. and learned Gentleman for giving way. I hope he will recognise that it is not laughter on the Government Benches, but bemusement at the inconsistency. He opines about his anger that a third party can make law in Northern Ireland. Many of us tried to untangle the inconsistencies in the Rwanda legislation. The right hon. Member for Belfast East (Gavin Robinson) and I tried in vain to raise it with the previous Government. The critical issue was the right to remedy and the rights it gave people in Northern Ireland to petition a third party if they thought their Government was overbearing on their own basic rights. The hon. and learned Gentleman has himself used those rights: he has chosen to go to the Supreme Court and that is why we are here today. He has not chosen to go to the Court in Strasbourg—that would be his right and I would support him in doing so—but why would he deny the right to remedy to the rest of his fellow residents of Northern Ireland, as the Bill would, when he says he thinks it was wrong for that right to be protected by the European Court of Human Rights in the first place?

--- Later in debate ---

[Jim Allister]

I have been very generous in giving way. In a way I am not assisting my cause, because I know Government Members want to talk the Bill out. I would rather see them take a stand on whether they are for or against the subjugation of sovereignty within the United Kingdom. I am going to move on and deal with these issues.

The hon. Member for Walthamstow referred to my taking a case to the Supreme Court. Why would I not? It is the Supreme Court of my United Kingdom. Why would I not take a case to the Supreme Court and test the laws that relate? I remind the House again that what the Supreme Court had to hold is that, because of the protocol so enthusiastically supported by Labour Members, Northern Ireland’s place in the United Kingdom has been subjugated. The Supreme Court held that the fundamental building block of article 6 of the Acts of Union is in suspension because of the import of the protocol.

Some tell us, “Well, we don’t want to face these issues.” There is no option, we are told, because of the Belfast agreement. I have even read and heard people say, “The Belfast agreement prohibits a border on the island of Ireland.” I hold the agreement in my hand. I have read it many times. Perhaps someone could direct me: where in this document does it say that there cannot be a customs border on the island of Ireland? Where is it? It is not there! We already have a currency border, a VAT border, a tax border. Nowhere in the Belfast agreement does it say that you cannot have a customs border at the international boundary of the United Kingdom—nor should it. And then I am told, “This would breach international law if you did not have the protocol.” That is not correct either. A fundamental premise of international law is respect for territorial integrity. What have I been talking about for the last hour, if it has not been about respecting territorial integrity? That is the fundamental premise of international law.

It all goes back to the General Assembly of the United Nations declaration on principles of international law. What does it say? It says that territorial integrity is key, and that the declaration constitutes the basic principles of international law. It says:

“Every state shall refrain from any action aimed at…disruption of the national unity or territorial integrity of any other state.”

If only that had been adhered to. The declaration says:

“Where obligations under international agreements are in conflict with the obligations of this charter, the obligations of this charter shall prevail.”

So the fundamental principle is respect for territorial integrity. That is the governing principle of international law, so when an agreement comes into play that defies the fundamental requirement to respect territorial integrity, that agreement falls, not international law.

[Ben Coleman]

Will the hon. and learned Gentleman give way?

[Jim Allister]

No, I am going to make some progress.

I strongly refute the fallacy that to depart from the Windsor framework is to breach international law. On the contrary, to perpetuate the infringement of our territorial integrity is to breach international law itself and, indeed, the Belfast agreement, which was built on consent, of which there has been none in respect of the current arrangements. The correct application of international law is to the effect that agreements that contradict the regulating principles, including respect for territorial integrity, are themselves the villains of the piece.

Having set out everything that is wrong, let me come to the solution. The Government have always told us that we cannot conduct sanitary and phytosanitary checks away from the border. It cannot be done, so we must have a border—in our case, in the Irish sea. But this week a statutory instrument was laid before this House that does exactly that. It does it for goods that come from the EU, via Northern Ireland, to GB. It says that the goods can be checked wherever they arrive, such as at factories or other premises; they do not have to be checked at the border. If we can do that for goods coming through Northern Ireland to GB, why can we not do it in reverse? Of course we could check goods without tampering with sovereignty; we could do so anywhere within the territory of the United Kingdom. It is not the impracticability of carrying out the necessary checks that is the problem; it is the fact that under the surrender of sovereignty it has been insisted that they are carried out in the Irish sea border.

That brings me to clauses 16 to 18 and the concept they would permit of mutual enforcement. I readily accept that the clauses draw heavily on the Northern Ireland Protocol Bill 2022—which found the approval of the previous Parliament—but they are none the worse for that. What they do is simple: they say that two respecting neighbours—that is what I hope the United Kingdom and the EU are—with the necessary trust between each other can operate a system where they mutually check the goods flowing through their territory to ensure they meet the standards of the recipient territory. That is a fundamental tenet of much of international trade. It is something that can be built upon in respect of this matter that the United Kingdom says, “Yes, we know the EU wants to protect, it tells us, its single market and, yes, we want to protect our single market, so we will undertake, by virtue of criminal sanction for those who do not, to check that goods flowing from our factories to your consumers, from our territory to your territory, meet the standards you set, and we expect you to do the same.” That can be done without any of the paraphernalia that we presently have.

[Sir Iain Duncan Smith]

On this particular point, it is worth pointing out that the EU already does it. In its agreements with New Zealand, for example, it trusts that specific veterinary practices to check lamb and other products arriving in the EU are done at the point of departure. By the time they get to Rotterdam, they are cleared straight through on the basis that they respect the checks done by those veterinary companies. They already did it for 40 years with UK companies where any subsequent checks had to be done. All this is already being done. The question is: why is it not being done for the arrangement we have at the moment?

[Jim Allister]

I absolutely agree. The fascinating point is the very concept was articulated from and originated within the EU itself.

During the early stages of the negotiations, Sir Jonathan Faull and academics Daniel Sarmiento and Joseph Weiler came up with that proposition. It is not my proposition. It is not a United Kingdom proposition. It was an EU proposition. They said the answer is mutual enforcement. Today we have a statement from those three gentlemen, which has been made public. It says, “On Friday of this week, the House of Commons will be debating a Bill which attempts to address some of the difficulties resulting from the Brexit divorce agreements between the EU and the UK, which might be of interest to readers. In 2019, we proposed a solution which would have obviated any need for these complicated and divisive legal manoeuvres. The UK and the EU could have respected each other’s positions and saved everyone a great deal of time and effort. The Financial Times characterised the proposal as a ‘win-win solution’. Regrettably, it was not followed.” I echo that: regrettably, it was not followed. Why was it not followed? Because the politics took over. Instead of looking for a workable, practical border solution, the politics of making the United Kingdom pay for leaving the EU took over. That is how we got into this morass of a pernicious imposition through the border.

[Sammy Wilson]

During the early stages of the negotiations, the permanent secretary of the then Brexit Department told the Select Committee that the Irish Government, before Leo Varadkar took over, were actually exploring those kinds of solutions. The politics of the changeover in the Irish Republic and the willingness of Leo Varadkar to become the puppet of the EU in these negotiations stopped that method of looking at the border.

[Jim Allister]

I fear that there is a lot of truth in that. As I say, the politics took over. A further truth is that for some—not all, but some—enthusiasts of the protocol arrangement of a nationalist or Irish republican persuasion, there is a political gain that subsumes all doubts that they might have as democrats. For 30 years and more, the IRA terrorised through bomb and bullet to try to push the border to the Irish sea: “Brits out—push the border to the Irish sea!” That is precisely what the protocol has done: it has pushed the border to the Irish sea.

[Claire Hanna (Belfast South and Mid Down) (SDLP)]

Shame on you!

[Jim Allister]

The hon. Member may object from a sedentary position, but the challenge for her is whether her nationalism is more important to her than her democratic credentials.

[Claire Hanna]

rose—

[Jim Allister]

I will give way to the hon. Member in a moment, because I have mentioned her.

How can the hon. Member, who calls herself a Social Democratic and Labour Member, look her constituents in the eye and say, “I believe you are not worthy to have your laws made by those you elect: I would rather they were made by those you don’t elect”? Is it because the nationalist reach of the protocol is more important than the democratic detriment of the protocol?

[Claire Hanna]

If the hon. and learned Member wants to talk about constitutional change, perhaps he might set out for the Chamber the numbers and the level of support for the Union before and after he began his Brexit adventures. He will know that I, as a democrat, constitutionally compromise every single day, because I am a democrat, I am an adult and I live in a constitutional reality that is not of my choosing. I am an Irish person living, working and upholding democracy in the United Kingdom.

The hon. and learned Member will also know that none of his arguments about democratic deficit stand in any way, when his campaign suppressed the Northern Ireland Assembly, the legitimate expression and place of primary lawmaking for Northern Ireland, and when he created an enormous health sea border in the Irish sea. His adventures—his hobby horses—have created a scenario in which one third of the population of Northern Ireland is on a health waiting list.

I and others who do not like exactly the way our constitutional arrangements are made stand up every day and work to solve those problems; all he wants to do is create them. It is his actions, in fact, that are inserting the dynamism in the question about constitutional change. Every time he pulls a stunt like this, he drives more people to seek to get out of the control of men like him. I, as a democrat, uphold democracy. I accept the constitutional reality; I accept that we are members of the United Kingdom. I am seeking to change that democratically, so he will never again question my commitment to democracy in Northern Ireland.

[Jim Allister]

I acknowledge the hon. Member’s speech, but let me say this: it is no stunt to ask, on behalf of my constituents, for what every other part of this United Kingdom has—the right to be ruled by laws we makes ourselves. It is no stunt to ask for equal citizenship; it is no stunt to say that this United Kingdom—the clue is in the title—should not be partitioned by an international customs border.

[Deirdre Costigan]

Will the hon. and learned Member give way?

[Jim Allister]

I will when I have dealt with some other points.

That is an assault upon the sincerity and efficacy of those who dare to say, “If we are part of the United Kingdom, we need to be treated as part of the United Kingdom.” The hon. Member for Belfast South and Mid Down (Claire Hanna) did not explain why she thinks it right to disenfranchise her constituents and to reject a workable and practical solution. Those who reject a workable and practical solution are those who do not want such a solution in respect of the Irish border. That was very clear from her intervention.

[The Parliamentary Under-Secretary of State for Northern Ireland (Fleur Anderson)]

Several years ago, former Prime Minister Boris Johnson told us that there was an oven-ready deal. That was clearly not the case, because we are still discussing this. The hon. and learned Member has mentioned mutual enforcement, but nowhere in the world does mutual enforcement happen wholesale under trading regulations between countries. The only workable deal that has been struck was reached not by politics, but through a pragmatic working out, and that is the Windsor framework. Is he selling something that cannot actually work? The mutual enforcement idea has been described by the EU Commission as magical thinking.

[Jim Allister]

I remind the Minister that the magical thinking came from the EU itself, through Jonathan Faull and his colleagues, who made that very suggestion. And why would what I suggest not work? If the EU is our friend—if we trust it and it trusts us—why would it not trust us to keep our word on imposing its standards on our goods entering its territory? If that does not work, then it is time to talk about alternatives, but that proposal should be the starting point. There was the whimsical dismissal that it would not work, even though it has never been tried. The really chilling thing about the Minister’s intervention is its subtext: “Suck it up, Northern Ireland. You’re no longer a full part of the United Kingdom. You will just live like a colony of the EU, under its laws in 300 areas. We have no empathy and no desire to fix it; we will just leave you in that position.” That is the chilling import of her intervention.

[Richard Tice]

It may be helpful to remind the Minister that the EU’s own expert, Mr Lars Karlsson, said in his “Smart Border 2.0” report that with technology and good will, all these issues could be overcome. However, the politics of Mr Varadkar and the EU overrode that.

[Jim Allister]

That is absolutely right, and in Northern Ireland we suffer the consequences of those aggressive political agendas every day.

If the Government are saying, “This is fine; there is nothing to see here. We don’t need to fix anything,” then they are not just insulting the intelligence of those of us who introduced the Bill, but saying to my constituents, “You can carry on being second-class citizens.” The Government cannot say to my constituents, “You are equal citizens, but you will not be governed by British laws.” That is what the Government are saying to my constituents in North Antrim and to people across Northern Ireland. “You have equal citizenship, but some are more equal than others. Some will be ruled by the laws that this Parliament makes, or by those that the devolved Assemblies make, but you will be ruled by laws that someone else makes for you, and be grateful for it.” That is where we have got to on this issue. It is not just insulting but frankly unacceptable for the people of Northern Ireland to be treated in this way.

Given the Government’s enthusiasm to maintain the unworkable status quo, they should reflect on the fact that there is about to be a new President of the United States who has made it very plain that he is in tariff mode. If he carries through his tariffs, this United Kingdom Government will need a trade deal. Why would a President of the United States do a trade deal with the United Kingdom if the UK has a back door that is open to the EU? That is the consequence of this protocol. We do not have a secure international trade border; the border with the EU is porous, and by all reports, Mr Trump is pretty adverse to the EU. Why would he ever do a deal with the United Kingdom with that back door open?

Should this Government not take the opportunity presented by this Bill to say, “We will fix this arrangement, and then we can convince the Americans that we are a safe and secure partner in a trade deal”? So long as the protocol exists, we cannot give the United States of America that certainty. It is in the national interest, the Government’s interest and our trading interest to fix this arrangement, so that we can pursue a trade deal with the Americans—who, at the end of the day, are our best friends in all this—on the best possible terms.

[Peter Lamb (Crawley) (Lab)]

The hon. and learned Gentleman has already outlined that there are 300 tightly bound areas where the EU influences Northern Irish legislation, but it sounds very much as if he is now suggesting that the United Kingdom should operate under whatever remit the President-elect of the United States chooses to set for us. Policy is made here in Parliament, not in DC.

[Jim Allister]

I only wish that the laws for Northern Ireland were made in this Parliament, or in our devolved institutions. If the hon. Member has been listening at all, surely he has understood that there are 300 vast areas—they are not self-contained; they are expanding, and have already been expanded—on which laws are made in a foreign Parliament. That is the fundamental point. If we want a trade deal with the United States, we have to show that it will be a bona fide trade deal with the United Kingdom, not with a surrogate of the EU through a back door that is wide open.

[Deirdre Costigan]

I note that the hon. and learned Gentleman failed to answer the question from my hon. Friend the Member for Belfast South and Mid Down (Claire Hanna). He talks about doing a deal with the United States of America on trade. How could we possibly be taken seriously as a trade partner by any country in the world in future if we broke the deals that we already have on the table?

[Jim Allister]

If the deal was reached under false pretences—if it was reached in breach of international law, because it breached respect for territorial integrity—yes, the first thing this Government should do is reverse that arrangement. They should not continue with a deal that does not respect the territorial integrity of this United Kingdom. That is the fundamental principle of international law, and if international law has been disregarded to get this arrangement, the arrangement is disreputable and not worthy of continuation. That would be of more interest to our American friends than our saying, “We will make a deal that will sell out some of our own people—that will create circumstances where any trade deal we do will benefit the EU through the back door—but please, Mr President, make a deal with us.” That will not happen, and the Government need to realise that.

Let me try to draw my remarks to a conclusion by turning to clause 19. It seeks to reinstate the fundamental operating principle of the Belfast agreement, which is that every key decision in Northern Ireland, because of our divided and troubled past, should and must be made on a cross-community basis. It is there in black and white in the agreement, yet next Tuesday, the most key decision that the Northern Ireland Assembly has ever taken will come before it without a need for it to have cross-community consent. That decision will be on whether Northern Ireland should continue, in 300 areas of law, to surrender its lawmaking powers to a foreign Parliament. There is nothing more fundamental, either to Northern Ireland’s constitutional status or to the governance of the people of Northern Ireland, than that. However, to ensure the desired outcome of that vote, a move was made to remove, especially for that vote, the cross-community requirement, so that for the first time in over 50 years we will have a majoritarian decision of considerable import taken in Northern Ireland. That is a rigging of the arrangements of the Belfast agreement.

Strange as it might be, through this Bill, I am the one championing the requirements of the Belfast agreement by asking: if the modus operandi is to ensure cross-community support, why has the vote been rigged to remove cross-community support? One might have thought that the hon. Member for Belfast South and Mid Down would be the champion of the Belfast agreement, and would want to ensure that its fundamental operating principle of cross-community support was respected, but no: she and her party are cheerleading for the vote. They brought the matter to the Assembly when the Executive failed to.

It is an important point—a point that cuts to the heart of the operation and stability of the Belfast agreement—that for the first time, a key decision is to be taken not on the prescribed cross-community basis, but on a majoritarian basis. What does that say to me and my community? It says, “You don’t really matter. It is more important that we get this vote through. Cross-community? Ah, that was about protecting nationalism. It was never about protecting Unionism.” Well, sorry, but we are calling that in today. We say, if it is good enough for nationalism, it should be good enough for Unionism. Why are this Government and this House trying to say to Unionism in Northern Ireland, “You don’t matter on this issue. We will railroad you”? That is the fundamental point.

[Claire Hanna]

Is it not the hon. and learned Member’s position that Brexit does not require cross-community consent? In the eight elections since Brexit, the people of Northern Ireland have rejected Brexit. However, he says that the protections require cross-community consent. It is a case of consent for thee, but not for me. Will he confirm that the inclusion of this provision means that he now supports the Good Friday agreement, 26 years after repudiating the will of 71% of the people?

[Jim Allister]

Brexit was a national vote, decided for better or for worse on a national basis. The people of London did not vote for Brexit, but no one is saying they should now be ruled by laws from Brussels. The People of Northern Ireland by a small majority did not vote for Brexit, but Members are saying that we should be ruled by laws from Brussels. That does not stack up. I am simply calling in aid what the Belfast agreement says: the Belfast agreement says key decisions are cross-community. Is anyone denying this is a key decision? If so, why is it not a cross-community vote?

[Robin Swann]

I thank the hon. and learned Gentleman for introducing this Bill, and I acknowledge his recognition of the strengths of those protections in the Belfast agreement, which were built in by my party and especially by Lord Trimble, the former leader of the Ulster Unionist party and the crafter and political deliverer of unionism in support of the Belfast agreement at that time. He said:

“I feel betrayed personally by the Northern Ireland Protocol, and it is also why the unionist population is so incensed at its imposition.

The protocol rips the very heart out of the agreement, which I and they believed safeguarded Northern Ireland as part of the United Kingdom and ensured that democracy not violence, threat of violence or outside interference, would or could ever change that.

Make no mistake about it, the protocol does not safeguard the Good Friday Agreement. It demolishes its central premise by removing the assurance that democratic consent is needed to make any change to the status of Northern Ireland. It embodies a number of constitutional changes that relate to Northern Ireland.”

[Jim Allister]

The late Lord Trimble was absolutely right about that. What is happening on Tuesday is an invitation to the Assembly, courtesy of the Government’s directive, to tear up the key central portion of the Belfast agreement on cross-community consent. There is another point.

[Alex Ballinger]

The hon. and learned Member talks about the Good Friday agreement. Why does his Bill not guarantee that the institutions of the agreement have powers, and why is he happy to put those with UK Government Ministers, unlike the existing arrangements under the Windsor framework?

[Jim Allister]

My Bill is about seeking to restore democracy to the arrangements. That is why I want to take back from Brussels control over our laws. My Bill is a charter for democratic progress. The present arrangements are the antithesis of democratic operation.

[Danny Kruger (East Wiltshire) (Con)]

The hon. and learned Member might not have supported the Good Friday agreement but does he not acknowledge that the agreement recognised the sovereignty of the United Kingdom in Northern Ireland? It involved a changing of the constitution in the Republic to recognise the sovereignty of the UK in Northern Ireland for the first time. It also recognised the reality and the existence of a border on the island of Ireland. What he is doing is reinforcing the principles of the Good Friday agreement, which he himself might have opposed back in the day.

[Jim Allister]

The core operating principle of the devolved institutions of Northern Ireland was that key issues have cross-community consent. That is what has been ripped out for Tuesday. I have yet to hear a rational, convincing explanation for that. Maybe the Minister has one. Why have we ripped out of the heart of the Belfast agreement the very thing that was supposed to give comfort to both sides—that neither side would get one over on them? Why have we ripped that out of this agreement? If the Minister wishes to tell me, I will gladly give way on that point.

There is even a further point about this vote on Tuesday. Article 18.2 of the protocol says that the consent vote was to be

“reached strictly in accordance with the unilateral declaration made by the United Kingdom”

Government of October 2019. I repeat: “strictly in accordance with”. That unilateral declaration of October ’19 promised a public consultation before this vote. It is there in black and white in the words of the declaration. There has been no consultation. So why are the Government inviting the Assembly to conduct a vote which breaches the guidelines laid down by the protocol itself—that the consent vote should be strictly in accordance with that declaration? That declaration included the promise of a public consultation, of which there has been none. That is another question—

[Alex McIntyre (Gloucester) (Lab)]

Will the hon. and learned Member give way?

[Jim Allister]

I would rather give way to the Minister on that issue, but I hear no answer.

The House has been patient as I have laid out the arguments for the Bill. I see the Bill as an opportunity to restore the equilibrium, which I hope to have demonstrated has been destroyed in these arrangements. That is the democratic equilibrium, the equilibrium of equal citizenship, the equilibrium of Northern Ireland’s place in the United Kingdom and the equilibrium of our relations with the EU. All those are positives, all those are in the national interest, and all those are that which I believe should recommend themselves to the House. I trust that the House will give favour to the Bill.

--- Later in debate ---

[Peter Dowd]

My hon. Friend is right. Many of us here today want to discuss this issue because it is crucial to our constituents not just in the short term, but in the longer term. The former Member for Clwyd West said:

“The Command Paper tells us that the framework, ‘narrows the range of EU rules applicable in Northern Ireland—to less than 3% overall by the EU’s own calculations’”.—[Official Report, 27 February 2023; Vol. 728, c. 605.]

[Jim Allister]

The hon. Member has recited what some might have thought were erudite contributions in support of these arrangements, apparently with the insinuation towards the end that we have considered this whole matter. Have his friends not spent since July trying to undo the very things that the previous Government did on so many other matters, because they thought that they were wrong? They were wrong on this, so should they not be trying to undo it?

[Peter Dowd]

I do not quite understand the hon. and learned Member’s point. Today, we are trying to tease out many of the issues and concerns that he, quite understandably, has raised, to try to understand them and maybe to reflect on them and, in future, give consideration to them through the process. It is important that we are all here today listening to what he and other Members have to say.

--- Later in debate ---

[Peter Dowd]

I understand the right hon. Gentleman’s comments, and I am not going to challenge the integrity of the people who were part of that negotiation. It is not for me to challenge their integrity: they are hon. Members, and I believe that they did what they did with the best intention. During the statement on 27 February, I believe that, on the whole, most comments were supportive, but I acknowledge and accept that some were not, such as those from the right hon. Gentleman himself. He made his views known, as did others.

I acknowledge that some of the Members who spoke during that statement are in the Chamber today and express disquiet. I welcome the fact that they have taken their places on the Benches, but their disquiet and the disquiet of others must be set in the context of the following—namely, that the agreement, according to the Command Paper, which is important and which I referred to earlier,

“narrows the range of EU rules applicable in Northern Ireland – to less than 3% overall by the EU’s own calculations.”

In any negotiation in the circumstances, coming away with that figure is not necessarily unreasonable. Would a figure of 100% be the acid test? Maybe it would, but I do not think so, given the circumstances—in practical terms, that is unlikely. That is the nature of negotiation: otherwise, it would be called imposition. We must recognise that those on the other side, who have their views, passions and commitment to their communities as well as their histories, have also been fraught with other people.

I will finish with this. I do not accept the idea that some of our partners in the European Union—some of those eastern bloc European countries that were under the yoke of the Soviet Union as a coloniser—would take the different view that they, in turn, were part of a group or cabal trying to impose a colonialist approach to another country.

[Jim Allister]

How else would the hon. Member describe a scenario in which a huge quota of laws are made in a foreign jurisdiction? How else would he classify that than as colonialism?

[Peter Dowd]

I will touch on that a little later.

--- Later in debate ---

[Peter Dowd]

Precisely—my hon. Friend on the Front Bench says it would be dangerous, and it would be. What about the key provisions of the outer space treaty? What about the agreement establishing the European Bank for Reconstruction and Redevelopment? On and on it goes.

[Jim Allister]

Is the Belfast agreement not an international treaty subject to international law? Is it okay to breach that agreement when it comes to its provision of every key decision being taken on a cross-community basis? I suppose that is okay because it affects only Unionists.

--- Later in debate ---

[Peter Dowd]

This House often debates the most challenging and sensitive matters. In this Chamber last Friday, we saw how a sensitive and intense debate based on conviction rather than dogma brings out the best in the House. That is why I have been looking forward to this debate and to listening to the views of colleagues of all political persuasions, and I hope I have done that.

The hon. and learned Member for North Antrim gave the House a heads-up on this Bill with his previous actions. For example, the putative incompatibility of article 6 of the Acts of Union with the Belfast agreement was ruled out on all counts by the Supreme Court, as far as I am aware. I am sure Members on both sides of the Chamber will recognise that engagement with this debate is done in good faith, even where there are differences of opinion.

I thank the hon. and learned Gentleman for his explanatory notes on the Bill. I read them with interest, particularly paragraph 11:

“The purpose of the Bill is to provide Ministers with the power to make changes to the operation of the Windsor Framework in domestic law, restore the cross-community imperative of the Belfast (Good Friday) Agreement in respect of continuance of the Windsor Framework and to safeguard democracy, peace and stability in Northern Ireland.”

In my view, this is effectively a reincarnation of the Northern Ireland Protocol Bill 2022, which caused concern in so many quarters, domains and jurisdictions. The Government of the time acknowledged that there would be non-performance of their international obligations out of necessity. They said that they sought to reach a negotiated settlement with the European Union to forestall the need to invoke the concept of necessity.

The previous Government subsequently withdrew the Bill, because they believed they had secured the necessary conditions they sought, as set out in the UK-EU withdrawal agreement. Therefore, the assertion on the use of the concept of necessity was never put to the test. I, for one, am pleased that it was not. If it had been, in my view and in the view of many others, we would have been on the road to perdition—there is no doubt about that.

As I have said, this Bill is another iteration of the Northern Ireland Protocol Bill that would take us back to June 2022 and, once again, put the country in danger of breaching its obligations under international law, notwithstanding what the hon. and learned Member for North Antrim said. The idea that the Bill can invoke the concept of necessity as a reason for a breach is beguiling, but illusory.

[Jim Allister]

Does the hon. Member not accept that a fundamental element of the jurisprudence of international law in this area is the requirement that any such agreement must not infringe the territorial integrity of either state? That, patently, has happened. Is this not the fundamental flaw in the international law argument? It falls at the first prerequisite: that the territorial integrity of the state with which the agreement is being made must not be infringed.

[Peter Dowd]

I do not want to go down that particular rabbit hole, but I will say this. We have the sovereign base in Akrotiri, in Cyprus. We negotiated that. Is it a breach of the sovereign territory of Cyprus? Is it somehow wrong? We negotiated it, we agreed it, it exists and it is used, so I do not believe that it is a breach. It is possible to negotiate a range of matters. It could be said that an element of sovereignty is given away for a better, or a more comprehensive, capacity in another area.

[Jim Allister]

What the hon. Member seems to be saying is that if the United Kingdom decides to acquiesce in—indeed, support—the infringement of its own territorial integrity, that is all right. If that is the basis, is it not all the more reason why the Government—a new Government—of the United Kingdom ought to address this humiliating concession?

[Peter Dowd]

I do not think it is a humiliating concession, but if it is a concession at all, I think it is an attempt, given the circumstances that we faced, to reach an agreement with trading partners in the light of the decision of the British people. We live in a world where we do not get everything we want. We live in a world where there is a little bit of give and a little bit of take, and sometimes we are able to give more than we take, and vice versa. As I have said, however, I do not want to go down that rabbit hole, because I do not think it is necessarily the subject of today’s debate. We touch on it, and it is pertinent, but I do not think it should dominate the whole debate.

There is no doubt that the subject is fraught with all the concerns and anxieties and consternation to which I referred earlier, and we have to operate in the wider political environment and milieu in which countries have to operate all the time. I think it only fair to point out that the law of unintended consequences may decide to poke its head around the door, and perhaps even to walk into the Chamber, and there will be nothing that we can do. That is the very nature of the issue that confronts us. There are no easy solutions. There are no easy answers to difficult questions. There are no off-the-cuff responses that will sort out the issue. That is a statement of the obvious.

--- Later in debate ---

[Peter Dowd]

It is a fair point. The question we have to ask ourselves is this: if we agree to the Bill, are we in breach of faith and trust? I think so. I do not say that lightly, or to be offensive or provocative.

[Jim Allister]

Does the hon. Member think that there is such a thing as breach of trust when it comes to relations within the United Kingdom? Are the citizens of this United Kingdom entitled to expect equal citizenship, and to be governed by laws that their nation makes, or are those things secondary to tipping our cap to the EU? Is that his stance?

--- Later in debate ---

[Peter Dowd]

I regret that the hon. Gentleman takes that view of what I am saying. I would not say it is not fair, but I am genuinely trying to be as conciliatory as I can be given the circumstances in relation to the question of trust. The question is this: is this Bill a breach of an agreement or a treaty? In my view it is, and I think most people are not denying that assertion. There may be some people who do so, but as a House of Commons paper of 4 December says on page 17:

“No rule of a state’s domestic law can be used to justify a breach of its existing international obligations. This principle is set out in Article 27 of the Vienna Convention on the Law of Treaties.”

I genuinely believe that I am bound by that. We can caveat any breach of international law until the cows come home; it can be claimed that it is out of the concept of necessity as referred to before in terms of international law. However, although we can claim whatever we want, it does not wash with other countries with which we have negotiated, and that in a sense is all there is to that particular point.

[Jim Allister]

In pursuit of the hon. Member’s filibuster, he tells us how much he adheres to international law. Why does he not adhere to the declaration and the principles of international law from the United Nations of 24 October 1970, which says in very emphatic terms that there is a duty in treaties

“not to intervene in matters within domestic jurisdiction of any State”

and that the principles of international law require respect for territorial integrity? If those are the principles and the Windsor framework infringes on those principles, is it not the Windsor framework that is flawed, and not the declaration of fundamental principles?

[Peter Dowd]

No, I disagree. If I am being honest, I think that view is predicated on a fallacy. I do not want to use those words, as I am trying to be as temperate as I possibly can be, but I believe the hon. and learned Gentleman is using that reference somewhat inappropriately. As I said, we can caveat any breach of international law that we like, but it comes back to the question of what our partners or co-signatories think.

It is worthwhile exploring that concept in a little more detail, because it goes to the heart of our responsibilities as a custodian—I choose that word with care, for that is what we are—of international law, and not just in relation to any particular treaty, but in general terms.

--- Later in debate ---

[Claire Hanna (Belfast South and Mid Down) (SDLP)]

I do not intend to speak long; that will allow others to get in, but it is primarily because we have spoken about this issue morning, noon and night for much of the past eight years and because Northern Ireland in general wants to move on. The hearts of people at home are sinking at the prospect of going back in time, of our heading like a demented moth towards the hard Brexit flame, and of our reopening debates from a time that was so destructive to our public services and our economy. That was a time when our economy, our jobs and our crumbling health service were put on the back burner while we indulged in years of discussions about sausages and smoky bacon crisps. We remember the menacing rallies that accompanied those discussions, and the way the Northern Ireland Assembly was held down. The people I represent do not recognise the “Mad Max” scenario that Members continue to paint in which there is a lack of food and other products on our shelves. That is not the reality that people are living in.

I do not want to relitigate all that has happened since 2016, but it is fair to say that Brexit sharpened all the lines that the Good Friday agreement was designed to soften around identity, sovereignty and borders. It is a fact that has not really been mentioned—I am not a majoritarian person—but Northern Ireland very clearly rejected Brexit in 2016. In the eight subsequent elections, in increasing numbers, it has supported parties and candidates who have sought to put mitigations in place. My party and I will stand by every decision we took in those years. In this Chamber, the other Chamber and the media, we begged Unionist Members not to make this a winner-takes-all scenario, not to follow Boris Johnson down yet another blind alley, not to take the assurances that they were being given. In all those times, there was not a whisper about consent, consensus or cross-community affairs.

Many of the people I deal with see the implementation difficulties. Brexit was entirely a project about trade friction, and it has created friction for many people. Those people, including small businesses and the people I represent, absolutely want to address those issues. They want to streamline processes and to use the framework provided to solve problems. They do not want to tear down the edifice of the solutions, as the Bill would do. In fact, last week, the Northern Ireland Assembly, as Unionist Members will know, endorsed my party’s proposals for moving forward—proposals not to rejoin the European Union, not to cancel Brexit, not to reopen all those wounds, but to look to the future, so that our voices are heard in decision making, and to try to grab every single economic opportunity that comes our way, east and west, and north and south.

My party and the people who opposed Brexit have never tried to make people choose between trade and possibility in either direction. We believe that we have been handed some lemons by Brexit, but we are ready to make lemonade. The lengthy opening speech by the hon. and learned Member for North Antrim will do nothing to allay the fears of many of my constituents that at its heart, this is about repudiating rights and hardening the rules on movement of people and goods, north and south. It feels to many people that that is what he is attempting to do, as well as to bring in the legacy of the past.

[Jim Allister]

It appears that the hon. Member has not been listening. The whole focus of my speech was on how we give back rights to the people of Northern Ireland and sort out our trade across the border, not the opposite. She has a rich heritage of advocating for cross-community issues. I have two questions, if she will address them. First, does she think that the decision on Tuesday in the Assembly is key, in that the Assembly will say for the next four years, “We are prepared to accept whatever laws from Brussels, even laws we do not even know about yet”? Secondly, if it is a key decision, why should it not be taken on a cross-community basis?

[Claire Hanna]

Of course I was listening. I do listen, and as the hon. and learned Member said, I try to find consensus, but people were forced to listen, because—for whatever reason—large parts of the media have indulged this argument for many years. He knows that he has had an outsized platform in the media. We have listened and tried to resolve this issue. As I have stated very clearly numerous times over the past eight years and in the past few minutes, unfortunately, no consent for Brexit was sought or given. That decision was not afforded the luxury of being cross-community, so we have to protect the mitigations through a majority vote as well. As I say, everybody wants to solve the problems, but I do not hear any solutions. We get more of the magical sovereignty dust, the Henry VIII powers, and suggestions that some future Minister will come up with some solution that has not appeared in the past eight years. This is about solving problems, Jim; that is what people elect us to do.

--- Later in debate ---

[Sir Iain Duncan Smith]

The real point is getting rid of the Irish sea checks; it is anathema that one part of the United Kingdom is now treated separately from the rest of the UK. That is surely a reasonable idea and if it is in this Bill then the Government should want to take it through to the next stage and debate it. This is what the Bill does. Mutual enforcement does not of itself remove customs duties; neither does it harmonise or require mutual recognition of standards. It works by inverting the usual approach to customs enforcement; duties may, for example, be imposed for anti-dumping reasons or due to subsidies that one party claims are injurious to itself or to companies as a result of goods failing to qualify for zero duty under rules of origin. That is what the Bill does. All the rest that has been talked about is not in this Bill; it is very simple and very practical. The trade and co-operation agreement between the EU and the UK already has an agreed mechanism, which is very important for identifying and addressing these distortions. If we are able to allow that and make changes, that is how it will work.

There are other areas, too, which I will speed through as quickly as possible. Mutual enforcement can also under these terms accommodate the collection of customs duty. The detailed procedures are obviously beyond the scope of briefing papers and the Bill, but the reality is that we could have a system whereby an order of goods from the UK to the Republic of Ireland triggers a UK export declaration and an EU import declaration such that in terms of the EU’s customs data any sums owed are put into the goods invoice and paid by the importer to the exporter. There are many other ways ahead that can be facilitated, particularly now that almost all of this is done using modern technology, not large sheathes of paper and with a man standing at the border with a ladle to check whether the brandy being imported or exported tastes like brandy. That does not happen any longer, but from some of the debates it would seem somehow we have not moved on from 17th-century customs requirements.

To ensure compliance with this regime, a penalty in this arrangement would apply to those parties who failed to follow the procedure. The penalty would apply to both exporters and hauliers, therefore incentivising all parties involved in the carriage of goods to ensure that appropriate EU customs duties are paid. By the way, the same would be required in the Republic for its importers. It should be noted—this is the important bit that has gone missing—that an analogous system would in any event be required for the red and green lane approach prescribed in the Windsor framework.

Is this going back? No. It is using what we have and ultimately making it better. That seems to me the practical principle behind this idea of mutual enforcement. We should have started in this place, but we now have an opportunity to look at this issue and decide if there is a better way to do it that will take some of the good stuff already there and improve it by saying to the EU that we want a smooth process between the EU and the UK, because everything else then follows. Many EU members already agree; I have heard their discussions.

I cannot remember who it was, but somebody got up and said, “Did we not think they were allies? Did we not think they were friends?” It is because we think they are allies and friends that we want to get rid of the things that make us have rows and arguments about the most practical issues that could be dealt with. That is the point of this mutual enforcement process: to get rid of the ludicrous arguments about who we are and who they are. We can then be very good allies and friends, which we are and will need to be over the next few years, as we enter arguably the most dangerous time that I can remember.

I have a point for the Government. Given that almost identical rules apply in the EU and the UK, the EU could, and arguably should, negotiate an SPS equivalence agreement with the UK, as it has done for countries as far away as Canada and New Zealand, as I have said before.

[Jim Allister]

Given the right hon. Member’s experience of international affairs, what does he think are the prospects for the present arrangements? Are they an incentive or a disincentive to securing a trade deal with the United States of America?

--- Later in debate ---

[Deirdre Costigan (Ealing Southall) (Lab)]

Thank you, Madam Deputy Speaker, for allowing me to speak in this debate. I also thank the hon. and learned Member for North Antrim (Jim Allister) for introducing the Bill. I listened with interest to some of the points made by Opposition Members, particularly the words of the right hon. Members for Belfast East (Gavin Robinson) and for Chingford and Woodford Green (Sir Iain Duncan Smith), who suggested that there are attempts to talk the Bill out. The only people who appeared to be attempting to talk the Bill out were the hon. and learned Member for North Antrim and the right hon. Member for Belfast East, and they did a very good job of it.

It has become increasingly clear in this debate that the hon. and learned Member for North Antrim has no interest in progressing the Bill. He knows that it is unworkable and has no intention of its ever becoming law. What he is doing today is purely and simply political posturing for nakedly electoral reasons.

I was interested and slightly amused to hear the hon. and learned Member for North Antrim refer to his interest in ensuring equality and equal access to citizenship for all the citizens of Northern Ireland. I wonder if he felt the same way about extending access to equality and citizenship when it came to reproductive rights for the women of Northern Ireland and the right to equal marriage for people in Northern Ireland. I do not recall him being as vociferous at that time.

I was interested to hear from the Member from South Acton—I mean South Antrim. Apologies—I represent an area very close to Acton, as my hon. Friend the Member for Ealing Central and Acton (Dr Huq) knows. The hon. Member for South Antrim (Robin Swann) asked whether Labour Members had read the Good Friday agreement. Back in 1998, as a very young woman, I recall vividly buying the newspaper that printed the full Good Friday agreement, laying it out on the floor of my bedroom at the time and reading through it clause by clause. For me, and for the people of Northern Ireland, the Republic of Ireland and all the United Kingdom, it was such an important and joyous occasion to see that agreement come to fruition.

That joy is properly experienced if one watches the final episode of “Derry Girls”, when Orla dances through the streets of Derry on her way to register to vote in favour of peace in Northern Ireland. What a contrast that moment of joy is to some of the words that we have heard from Opposition Members today, which have been less about forging a prosperous future for Northern Ireland and more about raking up the arguments of the past. Today we found ourselves revisiting old grievances rather than pushing for progress. The Bill drags us back into the quagmire of disputes that were settled through the Good Friday agreement and the Windsor framework—painstakingly negotiated and endorsed as a solution that works for Northern Ireland and the United Kingdom.

[Jim Allister]

Will the hon. Lady give way?

[Deirdre Costigan]

I am afraid that the hon. and learned Member has had sufficient time to speak today.

The Bill is an attempt to undermine the very foundations and underpinnings of the Good Friday agreement. It risks creating far more issues than it claims to solve. Given the hon. and learned Member for North Antrim’s electoral pact with Reform UK, I would have thought he would be happy to get Brexit done, yet here we are renegotiating 2019, stuck in an endless “Groundhog Day” of Brexit debates. While the hon. and learned Member looks backwards, this Government are looking forwards to a stable, prosperous and peaceful Northern Ireland.

Let me look at the most fundamental concern about the Bill. At the heart of it lies a blatant disregard for the United Kingdom’s obligations under international law. Clause 3 shows that the legislation seeks to disapply key elements of the Windsor framework. This is not a matter of abstract legal principles; it strikes at the very core of the UK’s credibility as a nation that honours its commitments. The Windsor framework was the result of years of painstaking negotiation designed to balance Northern Ireland’s unique position post Brexit. For the UK unilaterally to disregard its provisions would be not only a breach of trust with our European partners but a dangerous precedent that could have profound consequences for our future trade agreements and alliances. It would be not just a technical breach but a move that would erode trust in the UK’s ability to uphold our agreements, and international partners are watching closely.

The message that the Bill would send if passed is clear. How can we expect to secure future trade agreements or maintain our standing on the global stage when Members of this House seek so readily to abandon the commitments we have made? Instead, the Government have grounded themselves in respect for international law. Only by sticking to our word can we rebuild this country’s reputation, which was trashed by the previous Government’s shocking decision to break international law in “specific and limited” ways. Let us be clear: we either abide by international law or we do not. It is not an à la carte menu where we can pick or choose. The Government understand that, and that is why we will be sticking to our agreements.

The economic implications of the Bill are just as troubling. Under the Windsor framework, the at-risk, not at-risk test provides a clear and workable solution allowing for the smooth movement of goods between Great Britain and Northern Ireland while protecting access to the EU single market. By removing that mechanism and replacing it with undefined alternative models, the Bill would introduce huge uncertainty. Such a lack of clarity would create significant operational challenges, leaving businesses without a road map for compliance. The small and medium-sized enterprises that drive Northern Ireland’s economy would be particularly damaged as the Bill would disproportionately burden them.

[Deirdre Costigan]

My hon. Friend makes a good point. I am focusing on businesses in Northern Ireland, many of which lack the resources to implement the dual tracking system for goods destined for different jurisdictions. They would be placed at a significant competitive disadvantage.

The Windsor framework has provided Northern Ireland with dual market access. That is a unique and valuable advantage that no other part of the UK enjoys. It has enabled Northern Ireland’s economy to remain one of the strongest performing post-Brexit. Businesses have adapted to the framework’s provisions, and over 9,000 firms are now registered with the UK internal market scheme. The Bill, however, would throw all of that progress to the wind. It would deter investment and create further trade barriers, undermining Northern Ireland’s status as an attractive place to do business. For small and medium-sized enterprises already operating on tight margins, the additional costs and administrative burdens could be devastating. After years of decline under the Tories, these businesses need certainty, stability and support, not a chaotic and fragmented regulatory landscape that would leave them scrambling to comply with conflicting rules. The people and businesses of Northern Ireland deserve better than what the Bill proposes.

I turn to the critical issue at the heart of the Bill in clause 19, which would alter the consent mechanism for articles 5 to 10 of the Windsor framework, replacing the current system of simple majority voting with a requirement for cross-community support, as laid out by the hon. and learned Member for North Antrim. While such a measure may appear on the surface to strengthen democratic buy-in, in reality it would risk paralysing decision making and undermining the delicate political equilibrium established by the Good Friday agreement.

[Jim Allister]

The hon. Member talks about undermining the delicate political balance. We were told that that was solved by the Belfast agreement. It was the Belfast agreement that decreed that, for every key decision, there should be a cross-community vote, yet this is a key decision and the cross-community vote is to be abrogated. Where is the respect in what she is saying in terms of the efficacy of the Belfast agreement or of this vote?

[Deirdre Costigan]

Let us look at the intent behind the existing democratic consent mechanism. The Windsor framework carefully designed the process to ensure that the people of Northern Ireland, through their elected representatives in the Assembly, have a say in whether the key provisions of the framework continue to apply. By allowing a simple majority vote, the framework ensured that the democratic will of the Assembly could be expressed efficiently and effectively. That system reflects the realities of a power sharing arrangement, where decision making can already be complex and contentious.

Clause 19 proposes a significant and disruptive shift. By requiring cross-community consent in the Northern Ireland Assembly—a majority of Unionist and nationalist representation—the Bill introduces a mechanism that grants de facto veto power to either community, and Opposition Members know that. That risks creating scenarios where no decision can be reached at all, with no explanation in the Bill for whether the Windsor framework would continue under such circumstances. Such provisions invite obstruction and brinkmanship on a critical issue.

--- Later in debate ---

[Fleur Anderson]

I listened carefully to the examples that the hon. Gentleman gave on behalf of his constituents. They are concerning, and we need to listen to them carefully. I absolutely understand the concerns raised by other Members in this debate as well. It is useful to have this debate, so that we can talk about those issues, but without the Windsor framework, there would be no framework from within which to negotiate changes. Many changes have been made since the establishment of the Windsor framework, and that shows that it can flex, allow negotiation, and allow for practices and schemes, such as the internal market scheme, that enable the smooth flow of trade. That is the benefit of having the Windsor framework, rather than ditching it.

[Jim Allister]

The Minister talked about the flexibility of the Windsor framework in allowing change. Of course, the Windsor framework was not able to change one word of the substantial content of the protocol, because the protocol involved giving the EU control over the vast swathes of our economy that are under those 300 areas of law. It involved putting Northern Ireland under the EU’s customs code. Only if that is reversed can Northern Ireland return to the UK internal market and be retrieved from the EU single market. The Windsor framework does none of that, and even with the greatest will in the world, it is not capable of doing any of that. It can tinker; it cannot change.

[Fleur Anderson]

I will come to his important point on the 300 areas of laws, because it is important to put that in context. However, I reiterate that having a framework within which to negotiate is better for all those areas than not having one, resetting things and trying to do in just three months what has been done and talked about for the past eight years. That is what this Bill would do.

I will cover the points made by the hon. and learned Member for North Antrim and by others. They were sincerely made, but the Government sincerely disagree. Before I come to the substance of the Bill, it is important that this House should deal in facts, and I am afraid that the opening speech of the hon. and learned Member for North Antrim contained a number of factual inaccuracies that it is important to correct. He claimed that a Stormont brake is nothing more than a request from the Assembly for the law to be disapplied. Back-seat driving was referred to. That is incorrect. In fact, schedule 6B of the Northern Ireland Act 1998 places a strict legal duty on the Government to act where the brake is validly used by Members of the Northern Ireland Assembly.

The hon. and learned Gentleman has used hyperbolic and frankly incendiary language, impugning the motives of our partners and allies, all the while ignoring the fact that this House voted for the arrangements that now apply. I can only presume that he supports the sovereignty of this Parliament. Indeed, he has opposed the existence of the Northern Ireland Assembly under the Good Friday agreement, so he should reflect on the fact that the Windsor framework represents the democratic will of this House. He made repeated reference to the 300 areas where EU law is applicable to Northern Ireland. He ignores the fact that, under the Windsor framework, more than 1,700 pages of EU law, with accompanying European Court of Justice jurisdiction, have been disapplied. They cover areas such as VAT, medicines, which were referred to, and food safety; the UK Government can decide on them, and UK courts can interpret issues to do with them. I have my own views on the whole process, but that was faithfully applied after the democratic vote to withdraw from the EU.

[Jim Allister]

rose—

[Fleur Anderson]

I will give way, but I will not do so too much, as I will not have time to go through all my points otherwise.

[Jim Allister]

Are there, or are there not, 300 areas of law that are now beyond the legislative reach of this House and the Assembly because they lie within the purview of the European Parliament? Is that true or false?

[Fleur Anderson]

There was this trilemma, involving the integrity of the UK internal market; avoiding a hard border on the island of Ireland; and respecting that our EU partners have a legitimate interest, and being able to co-ordinate trade with it. Those 300 regulations, which are a very small amount of the whole, allow for things like dairy farmers moving milk over the border and back, which I am sure the hon. and learned Gentleman would agree is necessary. They allow for smooth movement of trade. Those remaining regulations enable businesses in Northern Ireland to go about their business.

The hon. and learned Gentleman has claimed that the vast majority of veterinary medicines are at risk of being discontinued at the end of next year. That is also incorrect. He is right that there are ongoing issues that the Government are working hard with industry and farmers to address, and I am glad that they have been raised by Members today. However, he is simply wrong to say that the vast majority of veterinary medicines are at risk, and engagement with industry suggests no such thing.

The hon. and learned Gentleman claimed that the Windsor framework has caused shortages in medicines for diabetes. Again, that is incorrect. Various factors can sometimes give rise to gaps in medicine supplies across the United Kingdom. The overwhelming majority of medicines are in good supply, and we have well-established processes to manage supply issues. His claim that such issues are in any way a result of the Windsor framework, or are specific to Northern Ireland, is wrong.

The hon. and learned Gentleman held up the Good Friday agreement and asked where it demands that there be no border infrastructure on the island of Ireland. I know he has his own reservations about that agreement; perhaps that is why the facts have not been understood. That agreement was one of the proudest achievements of the last Labour Government, and the peace and security it has produced are premised in no small part on the normalisation of security. The absence of a hard border is an overwhelmingly good thing. The hon. and learned Gentleman asked for quotes, and I shall oblige him. The agreement committed to a normalisation of security arrangements and practices, and committed the British Government to

“the objective of as early a return as possible to normal security arrangements”.

The common travel area has existed for more than a century, and is integral to the movement of people and goods on the island of Ireland.

[Jim Allister]

Will the Minister give way?

[Fleur Anderson]

I am going to make some progress. To the Government’s mind, this commitment to normal security arrangements could not be met, under the common travel area arrangements, with a hard border of the sort that the Bill would institute.

The hon. and learned Gentleman indicated that, come what may, he wants his part of the UK enabled to follow the rest out of the EU. I need not remind him that the whole of the UK left the European Union, and that the debate has been settled. We can see that he would prefer that damaging hard border for Northern Ireland.

[Fleur Anderson]

There are absolutely minimal stops along the border. It is not a hard border, but circumstances would be very different under the Bill, which implies an ideological hard Brexit—

[Jim Allister]

Will the Minister give way?

[Fleur Anderson]

No, I will make some progress now.

--- Later in debate ---

[Fleur Anderson]

I will make some progress now, because time is running out in this debate and I want to get to the end.

On the consent vote, it is simply wrong to claim that all major decisions in Northern Ireland require cross-community agreement. As the hon. Member for Belfast South and Mid Down (Claire Hanna) pointed out, cross-community agreement was not required for Northern Ireland to leave the EU and is not a requirement for constitutional change, in line with the principle of consent in the Good Friday agreement. The reality is that the Good Friday agreement never envisaged a device such as the consent vote, so the arrangements for that vote were determined by this House and the amendments that it made to the Northern Ireland Act.

Let me briefly thank right hon. and hon. Members who have contributed to the debate, including my hon. Friend the Member for Bootle (Peter Dowd), the right hon. Member for Belfast East (Gavin Robinson), the hon. Members for North Down (Alex Easton) and for Belfast South and Mid Down, the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith), my hon. Friend the Member for Ealing Southall (Deirdre Costigan) and the hon. Member for Brentwood and Ongar (Alex Burghart), and others who have yet to contribute. I am grateful to Members for raising many issues, which I will take away. I am also grateful for the comments from the hon. Member for Brentwood and Ongar and others about continuing to speak, and about dialogue.

I turn now to the substance of the Bill. I shall set out three reasons why the Government cannot support it today. First, the Bill cannot be said to be compatible with international law. I know that the hon. and learned Member for North Antrim has made assertions about international law, but the absolute truth is that the Bill is premised on replacing the agreed measures under the Windsor framework with unilateralism and uncertainty. In the circumstances, that would constitute a breach of the UK’s agreements, which would be unlawful under international law.

This Government are committed to the rule of the law and to meeting the UK’s international obligations, and the Bill contains a set of unilateral measures that do no such thing. This is not an abstract matter; it is a matter of consequence. We must be clear that it is never in any nation’s interests to flagrantly disregard international law and treaty obligations. Doing so would weaken our standing abroad and our prospects for beneficial international agreements in the future, which matters, particularly for Northern Ireland.

As the House knows, the Government were elected with a mandate to reset our relationship with the EU and tear down trade barriers, including by negotiating a sanitary and phytosanitary agreement. Hon. Members have raised concerns about the operation of the Windsor framework, but there is significant potential for practical issues to be improved or addressed through the negotiation of such an agreement. That is in the best interests of Northern Ireland, and it is in the interests of the United Kingdom as a whole, but a nation that turns its back on prior commitments cannot hope to persuade others to enter new and beneficial arrangements.

I know that, as a proud Unionist, the hon. and learned Member for North Antrim will appreciate the potential benefits of such an agreement to Northern Ireland and to strengthening the Union, so I confess that I am somewhat baffled that he is promoting legislation that would be so detrimental to the prospect of securing future agreements. It is playing fast and loose with the rule of law, which is very bad for business. The Bill would create conditions in which businesses and citizens can never be certain about which rules will be respected and which will not. It would create uncertainty over the regulatory framework on which businesses in Northern Ireland now rely to trade, including the ability to trade across the island of Ireland without friction. It would do so automatically by bringing down a hard guillotine on the trading arrangements in just three months, leaving businesses no time to adjust. It would be an economic shock.

In my time working on international development campaigns, I saw at first hand at the World Trade Organisation what regulatory certainty and uncertainty can do for the prospects of small businesses, the jobs they create and the economies they contribute to. I can personally attest that it is better for those businesses to work on the basis of agreed trade arrangements than to leave them stranded in the choppy waters of regulatory uncertainty.

Secondly, the Bill does nothing to account for Northern Ireland’s unique circumstances. Let us be honest: these issues have been discussed, debated, analysed and dissected in this House for nearly a decade now, as other Members have said. They have occupied the political life of the nation for some time, and it is right that they have done so. The concerns of the hon. and learned Member for North Antrim, and those of right hon. and hon. Members from the Democratic Unionist party and the Ulster Unionist party, are real and legitimate, and deserve to be taken seriously. But, although I understand and respect the strength of feeling behind the Bill, I say respectfully to the hon. and learned Gentleman that neither this Bill, nor the similar variations on its proposal that have been advanced over the past nine years, do anything to address the practical issues in a more stable and sustainable manner than the Windsor framework addresses them.

[Jim Allister]

Will the Minister give way?

[Fleur Anderson]

I am going to make progress.

As I said earlier, the core challenge remains the trilemma: how do we preserve the integrity of the UK’s internal market, avoid a hard border on the island of Ireland, and respect the legitimate interests of our EU partners in protecting their single market, just as we seek to protect ours? The Windsor framework provides an answer to a very difficult question. I say simply that, across several elections, the vast majority of right hon. and hon. Members elected to this place have been elected on a platform of avoiding a hard border. For good reason, then, we need to support the Windsor framework.

Thirdly, the Bill would serve to prejudice the democratic decision that the Northern Ireland Assembly is making itself. Last month, my right hon. Friend the Secretary of State for Northern Ireland initiated the progress for the Northern Ireland Assembly to decide on the continued application of articles 5 to 10 of the Windsor framework. That vote is provided for in the Windsor framework and under domestic law, which was strengthened under the terms of “Safeguarding the Union”. It is now a matter for Northern Ireland’s elected representatives to decide on. I am pleased that the elected representatives of the people of Northern Ireland are able, as part of the functioning devolved institutions, to exercise the important democratic scrutiny functions included in the Windsor framework. The Bill would fatally undermine the powers that those in the Assembly have over scrutinising regulations that apply in Northern Ireland.

The Government will only support sustainable arrangements for Northern Ireland that work for business, protect the UK’s internal market and uphold our international obligations. The Windsor framework does just that, and the Government are firmly committed to it, just as stridently as we are committed to the UK internal market and to Northern Ireland flourishing within a strengthened Union. Just as important is that we will be honest with the people of Northern Ireland about what is and is not possible, and what the trade-offs are with various options. There will be no more magical thinking; no reopening of the wardrobe into a political Narnia of mythical solutions to the practical issues that we must consider in respect of trade; and no more simplifications that work as soundbites but do not stand up in reality. At this crucial time, the people of Northern Ireland deserve honesty.