Northern Ireland Veterans: Prosecution

Jim Allister Excerpts

Monday 14th July 2025 Westminster Hall

[Jim Allister (North Antrim) (TUV)]

Thank you, Ms Lewell. I note the selective stricture following a speech that exceeded twice the limit that was allegedly set, but I will do my best.

May I begin, as a Member from a Northern Ireland constituency, by placing on record the heartfelt thanks of the people of Northern Ireland for the service of our military within Northern Ireland during our darkest days—those who stood between us and the horrendous terrorist threat that we faced? I associate myself with the remarks of the hon. Member for South Antrim (Robin Swann) and include the gallant local security services of the UDR and the RIR in that. All of us in this House who daily exercise freedoms need to be mindful that when those freedoms were under the most horrendous terrorist attack, it was our security forces who stood between us and their destruction. For the many who paid the ultimate sacrifice, we want to remember their service and sacrifice today.

The route to the prosecution of our security services is now through the inquest process. It is the inquest process that is poisoning the well of justice in Northern Ireland. Remember this: an inquest, as has been said, is supposed to be about who died, where they died and how they died. Our Government have allowed inquests in Northern Ireland to become unfettered in their overreach, as illustrated most dramatically in the Clonoe inquest, where every outcome was explored to the point where the judge presiding over that inquest reached wholly prejudicial findings, which then resulted in him saying, “I am now referring this to the PPS.”

Let us remember this: inquests operate on the balance of probabilities. That is how we reach a verdict in an inquest, whereas in a criminal prosecution we reach a verdict by proving beyond all reasonable doubt. Yet four SAS soldiers, according to the presiding judge, were meant to step forward and say to nine approaching fully armed IRA men, with a huge machine gun on the back of their lorry, “Hands up, please surrender”. According to the coroner, that is what they were supposed to do, even though those IRA men had just shot up a police station, returned celebrating their actions by firing over the house of a deceased terrorist who had been one of their own, and then arrived at a car park. In the most outrageous overreach, the coroner said that they were ambushed by the SAS, and the soldiers should have said “Hands up, please surrender”, with no regard to the fact that when facing nine fully armed terrorists, a split-second decision has to be made.

In England, that could not have happened, because under the inquest rules there, when a coroner reaches the view that there may have been some unlawful activity, he must stop the inquest and refer the matter to the prosecution service. That is the right way to go, because it is for the PPS, not the coroner, to look at the matter and decide the approach. The Secretary of State needs to bring into effect in Northern Ireland the same rules that govern inquests in England, so that if there is an allegation of illegality—or it occurs to the coroner there might be—he stops the inquests and sends it to the PPS, rather than giving an outlandish ruling that creates the public perception that there is huge criminality. That is the lawful and proper way to go.

I must say I regret the fact that when I wrote to the Secretary of State pointing that out a few weeks ago, I got a limp response that really it is a matter for the Justice Department in Northern Ireland. No—this Government are said to be tackling legacy issues, and if they are to do so, they need to tackle inquests and cut off the root that is now producing the potential prosecution of some of the bravest of our citizens.

Oral Answers to Questions

Jim Allister Excerpts

Wednesday 2nd July 2025 Commons Chamber

[Hilary Benn]

It is the requirement of the Windsor framework, which the last Government negotiated, to address the basic problem of having two different systems and an open border. Everybody knows that agricultural machinery needs to be properly cleaned. If that is the case and the appropriate label, which is straightforward, is applied, there is nothing to stop the machinery moving back to Northern Ireland.

[Jim Allister (North Antrim) (TUV)]

If the reset deal is supposed to bring an end to the SPS checks, when will the customs posts, which are there for the purpose of carrying out those checks, be demolished? Instead, the Secretary of State willingly presides over the ever-tightening EU noose on our economy, with agricultural machinery being the latest that has to kowtow to EU diktats. Meanwhile, trade diversion is rampant and the Secretary of State looks the other way. When will he stop acting as the Secretary of State for the EU and start acting as the Secretary of State for Northern Ireland?

Oral Answers to Questions

Jim Allister Excerpts

Wednesday 21st May 2025 Commons Chamber

[Jim Allister (North Antrim) (TUV)]

8. What steps he has taken to strengthen the Union between Great Britain and Northern Ireland.

[The Secretary of State for Northern Ireland (Hilary Benn)]

The Union between Great Britain and Northern Ireland, which we will discuss next month at the East-West Council, remains strong. The deal with the EU will enable the smooth flow of agrifood and plants within the UK’s internal market. That is why it has been overwhelmingly welcomed by businesses.

[Jim Allister]

In referring to the deal with the EU, what the Secretary of State ignores, of course, is that Northern Ireland continues to be under a foreign customs code, which means that there are still customs checks on all goods, including agriculture goods, moving within the United Kingdom. Ideologically and personally, is he committed to the Union? I am not asking if he is committed to the consent principle; any separatist can accept that. Is he personally and ideologically a Unionist?

[Hilary Benn]

The Government and I support the Union, and I also support the Good Friday agreement. I point out to the hon. and learned Gentleman that when it comes to customs arrangements, there are no mandatory checks. There are checks that apply generally on the basis of risk and intelligence.

--- Later in debate ---

[The Prime Minister]

I thank my hon. Friend for reading that victim impact statement. I know from talking to Cheryl how hard it was for her to make that victim impact statement in the first place; it took a huge amount of courage, and grief. She wanted to read that statement to the perpetrator, as she should have been able to do. I know from the meetings that I have had with her how visceral the pain is to her of not having been able to do so. I therefore thank my hon. Friend for reading that impact statement out in the Chamber, allowing it to be heard by the whole world.

Cowards who commit these heinous crimes should face the consequences of their actions, which have a huge impact on victims’ lives. That is why we will force offenders to attend their sentencing hearings, with longer sentences, unlimited fines and prison sanctions for those who seek to avoid facing justice. I pay tribute again to Cheryl, who I will meet later this afternoon, for having the incredible courage to push for that change, notwithstanding the incredibly painful impact it has had on her and her family.

[Jim Allister (North Antrim) (TUV)]

The Government assure us that Northern Ireland is still in the United Kingdom’s customs union. If so, how is it that British steel can be sold to the United States tariff-free, but that same British steel if sold into Northern Ireland is subject to EU tariffs? Why on Monday did the Prime Minister not even try to take back control over the trade laws that govern Northern Ireland?

[The Prime Minister]

It is important that we reduce tariffs on steel into the US market and other markets—including the EU markets—for obvious reasons. It is also vital that we seek to ensure that we reduce any barriers in trade within the United Kingdom as a whole. Yesterday was a step towards that. There is further work to do, but we do want to get to that place where we can trade without those barriers in the United Kingdom. We will continue to work on that.

Windsor Framework: Parcel Delivery

Jim Allister Excerpts

Wednesday 30th April 2025 Westminster Hall

[Emma Lewell (in the Chair)]

I will call the Member in charge of the debate to move the motion and then I will call the Minister to respond. I remind other Members that they may only make a speech with prior permission from the Member in charge and the Minister. There will not be an opportunity for the Member in charge to wind up, as is the convention for 30-minute debates.

[Jim Allister (North Antrim) (TUV)]

I beg to move,

That this House has considered the impact of the Windsor Framework on parcel deliveries across the Irish Sea.

It is a pleasure to serve under your chairmanship, Ms Lewell. Tomorrow, 1 May, the noose of the Irish sea border will tighten even further in respect of business in Northern Ireland. We already have the red lane Irish sea border, subject to the full complement of EU requirements, through which all raw materials for our businesses have to pass. We also have what was called the green lane, which has been renamed but otherwise little about it has changed, for the passage of other goods; we have a business-to-consumer border for parcels; and now—in some ways the most threatening because of the scale of the businesses that will be affected—we have the business-to-business parcel border. Of course, that is a border partitioning the supposed United Kingdom and its supposed internal market.

The essence of an internal market is that goods move unfettered and unchecked between and within all parts of it. We now have something else, courtesy of the absurd protocol—or, as we now call it, the Windsor framework. In view of the fact that that decreed that we in Northern Ireland are subject to the EU’s customs code, which in turn decrees that Great Britain is a third or foreign country, we now have the absurdity of various dimensions of border for the passage of goods from GB to Northern Ireland.

For 200 years, the Northern Ireland economy has been intensely integrated with the GB economy, particularly in manufacturing. It was always the northern part of Ireland that had the big manufacturing sectors. Therefore, the integration, in particular with regard to the supply of raw materials, has been pivotal and GB has been the primary source of all that.

Now, parcels will be subject to rigorous EU requirements, including the requirement for a commodity code—

[Jim Shannon (Strangford) (DUP)]

Will the hon. and learned Gentleman give way?

[Jim Allister]

In a moment. Information must be provided about the country of origin each item, the value of each item and the total value of all the items in the parcel, and any goods that are at risk of passing into the EU’s single market across the border. One of the weaknesses of the protocol is the presumption that everything is at risk of passing, and therefore any raw material—if it is going into manufacturing, who knows where it will end up?—has to go through all that rigour.

That is a preposterous imposition, not just in bureaucracy, but in cost and making Northern Ireland non-competitive. It means that a business manufacturing something in Northern Ireland that it wants to sell back on the GB market or wherever is subject to restraints, which will increase costs, making it less and less competitive. That is one of the greatest iniquities of the sea border and of the business-to-business parcels border.

We have had the protocol in place for four years. Is there any evidence that business parcels are imposing any harm on the EU single market? Have the Government, the EU or anyone else carried out an audit of the alleged harm that business parcels passing from GB to Northern Ireland could do? For four years, they have been flowing unfettered because of the grace periods, so where is the harm caused to the single market that must now be protected from?

[Sammy Wilson (East Antrim) (DUP)]

One of the points that the Secretary of State will probably make in response is that firms can apply to be part of the UK internal market scheme and therefore escape some of this by showing that goods are not at risk. As the hon. and learned Member has pointed out, there is no evidence that goods are at risk, but His Majesty’s Revenue and Customs says that it could take months for firms to have their applications to the internal market scheme processed, and even when they are processed, the amount of work that must go in to show that the goods did not go into the Irish Republic adds considerable cost and is a considerable barrier to doing trade.

[Jim Allister]

Of course, the natural, inevitable consequence of that is that GB suppliers will simply say, “It’s not worth the candle. We’re not going to make the effort. Why should we put ourselves through all these hoops in order to supply to Northern Ireland? It’s not a huge market in the first place. We’ll simply stop supplying.” That has already happened. I constantly receive complaints from consumers, but increasingly I am getting them from businesses that say, “We know that our suppliers will simply stop supplying.” That is going to be another hammer blow to our economy.

[Jim Shannon]

I congratulate the hon. and learned Member for bringing forward the debate. He is right to underline the issues and the concerns of both his constituents and mine. The internal market movement information obligation, which begins tomorrow, means that importers must be members of the internal market scheme as authorised parties, as my right hon. Friend the Member for East Antrim (Sammy Wilson) referred to. My constituents tell me that they are most concerned and confused, and that they do not quite understand the system. Does the hon. and learned Gentleman agree that it is totally unrealistic for the Government to expect small businesses and individuals—my constituents in Strangford—to understand the obligations and abide by them due to ridiculous EU interference? The Government have an easier way of sorting this out: they must take steps to legally remove the obligation from their citizens in Northern Ireland. Do that and the problems are solved.

[Jim Allister]

Indeed. This is a real issue. In my constituency of North Antrim, I have many satellite small engineering firms. Many of them are subcontractors to Wrightbus, for example. They get their raw materials from GB. To get a simple parcel of bolts, nuts, washers or whatever, because they are manufacturers, they will now have to go through the processes of the red lane business-to-business border. That is in circumstances in which there is no evidence—if there were, we would have heard of it—that the EU’s vast single market is being the least bit impacted by business-to-business parcels. The people who will now be affected are those businesses —the people who employ my constituents.

The other consequence of the machinations of this border is that when GB suppliers stop supplying, firms will have to get their raw materials from somewhere, and some of them will have to come from the Republic of Ireland. Of course, that is the overall, underlying intent of the Windsor framework: to reorientate the economy of Northern Ireland away from its GB roots and connections, and to force an increase in all-Ireland trade. Here we are, arriving at a situation where we have a perfectly unfettered, all-Ireland single market, but in the nation of which we are a part, the United Kingdom, our single market is fettered and partitioned. That was the intent of the protocol. The protocol was always about making Northern Ireland the price of Brexit, and so it is turning out to be.

[Sammy Wilson]

The hon. and learned Gentleman has outlined very clearly the bureaucratic issues involved that disturb trade, as well as the long-term political implications, but does he also accept that there are economic implications for firms? First, they are forced to purchase goods from elsewhere, if they were not doing so in the first place—probably because they were too expensive, so now they have more expensive ones. Secondly, many of them have to pay taxes on goods that they bring into Northern Ireland and then reclaim them, and HMRC is taking not weeks, but months to pay those taxes back—if they can be reclaimed—causing cash-flow problems.

[Jim Allister]

The right hon. Member makes a key point. When people bring business-to-business parcels into Northern Ireland from their own country, from GB, and those parcels are decreed—as the presumption is—to be at risk of going into the European single market in their ultimate manifestation, when manufactured, they have to not only complete the full EU-dictated data regime of declarations, but pay duty. People have to pay duty to bring goods from their own country to another part of their own country. That is how extensive and wrong placing Northern Ireland in the EU single market and customs code has proven to be: when goods are moved now, they are subject to taxation tariffs, because they are moving from a so-called foreign single market into what is decreed to be the entry point of the EU’s single market.

I have a question for the Secretary of State: where and when will those duties be collected? As the right hon. Member pointed out, we already know that when duties are collected in the red lane, for example, they may be recoverable, if someone can show—the onus is on them—that the goods did not go into the EU single market, but the duty is paid on the presumption that they will, and the process to reclaim it is taking months upon months.

My other question for the Secretary of State is: will parcels be held until the duties are paid? Will we really get into the ludicrous situation where someone buying a parcel of bolts to bring to Ballymena or Ballymoney will have to pay duty on those bolts because he is bringing them from a foreign market, even though that is the GB market? Where and when will he have to pay that duty? We all know that he will wait months upon months to get that duty back, if he can demonstrate—it is very difficult in a manufacturing situation—that the end product never went near the EU.

The absurdity is obvious, but the political connotations are overwhelming, because they send a clear constitutional message to the people of Northern Ireland: “You are not really any longer a part of the United Kingdom—your trade laws, your customs laws and the laws that govern how you make your goods are now all made by a foreign Parliament, not by this Parliament.” Here am I, a Member standing in the United Kingdom Parliament talking about something governed by rules set by a foreign jurisdiction. They are rules of that foreign jurisdiction and it is their foreign border.

That sends a clear constitutional message, which was of course the intent of the protocol: to create, through economics, a stepping stone for Northern Ireland out of the United Kingdom. We now have a Government who, through their junior Minister, tell us that a couple of dodgy opinion polls might be enough to trigger the exit sign for Northern Ireland from the United Kingdom.

Those are some of the issues that rightly concern us. They particularly concern businesses, which have been very patient with the Government. They have been looking for guidance for months and have not got adequate guidance, and now they are facing a dire situation, whereby even to keep their businesses going with the basic raw materials that have flowed for decades to them from the source, they will be put through not just the difficulty but the humiliation of not being a proper part of this United Kingdom.

The Secretary of State can tell us all he likes about how we have access to dual markets. No, we do not. We have unfettered access to the EU single market, but our access to and from GB is very much fettered by these rules. That is the fundamental objection for a part of the nation whose economy is so intertwined with that of Great Britain.

--- Later in debate ---

[Hilary Benn]

Let me start again. It is a pleasure to respond to this debate. I offer my thanks to the hon. and learned Member for North Antrim (Jim Allister) for having secured it, giving us another opportunity to debate the Windsor framework.

As Members will be aware, the new arrangements for freight and parcels come into effect tomorrow, 1 May. They are an important step forward in the implementation of the Windsor framework, and an important part of the commitments that were made in the “Safeguarding the Union” Command Paper. They follow a lot of preparatory work across Government and industry to ensure that the necessary processes and systems are in place.

The Government recognise, and I recognise, that the new arrangements represent a change for some businesses when sending and receiving goods, but I must be frank: the system in place since the UK formally left the EU was never viable in the long term. My point goes right back to the reason why we have a Windsor framework, which the hon. and learned Gentleman and I have debated many times: when we left the European Union, there was an issue that needed to be addressed. The United Kingdom had one set of rules, and the European Union had another. In every other part of the world, trade between those two entities would be governed by a border, and stuff would be checked to ensure that what was coming in complied with the rules of one jurisdiction or the other.

The unique difference in respect of Northern Ireland is that there is no practical border between Northern Ireland and the Republic. Therefore, the question that the previous Government had to address when negotiating the Windsor framework was: as a good neighbour, how do we ensure that goods that move into the Republic—and therefore into the European Union—comply with the rules of that jurisdiction, in exactly the same way that the United Kingdom ensures that goods that come into our jurisdiction comply with our rules? That is the first point.

The Windsor framework is a huge improvement on the Northern Ireland protocol, which, as I have said many times, was never going to work.

[Jim Allister]

The answer for the Secretary of State, and indeed the last Government, shamefully, was to sacrifice the territorial integrity of the United Kingdom and to allow part of the United Kingdom to be governed by laws that we do not make and cannot change. Is it not a principle of international law—to which the EU is supposed to adhere as well—that in agreements and treaties we should respect, not challenge, the territorial integrity of those with which we reach the agreement? That is the source of the problem. We sacrificed the territorial integrity of the United Kingdom in respect of Northern Ireland in order to placate the EU, who had their objectives in that regard.

[Hilary Benn]

I simply do not accept that characterisation of what we are debating and what I am seeking to describe.

To return to the point that I was in the process of putting to Members, a very practical question had to be addressed. Some may argue, “Well, that’s not our problem. Leave the EU to work out what they’re going to do.” However, that would not be the response of a good neighbour. We would not do it ourselves, and therefore we should not do that to the EU. The Windsor framework recognises the nature of the practical problem and finds a mechanism for dealing with it.

The same is true in respect of parcels, because the United Kingdom would not allow parcels from any other part of the world to come in without knowing what was in them. We would not permit that, would we? Certainly not. That is not the arrangement that we operate. In the same way, because once the goods arrive in Northern Ireland, potentially they could move into the European Union, the EU wants to be satisfied in the same way in seeking these new arrangements. That is the fundamental point of principle.

What we have is much better than what would have applied had there been an attempt to implement the original Northern Ireland protocol. That is why, when I was in opposition, and before I became the shadow Secretary of State, I welcomed the negotiations of the Windsor framework. I congratulated the then Prime Minister, because it represented a really important way forward.

My second point is that by agreeing to the new parcels arrangement, we have unlocked agreement on new customs arrangements that will simplify processes for businesses moving goods via freight. Unnecessary customs paperwork will be removed, and goods will be able to move using a simplified set of what is described as internal market movement information. For example, from tomorrow, the arrangement will reduce the standard range of data fields that need to be completed from a possible 75 to 21 for standard goods. That is, on anyone’s measure, a simplification.

[Hilary Benn]

I am not seeking to play down anything. If the right hon. Gentleman would be kind enough to write to me with further details of the business that he described, I will look into it and come back to him.

I was about to say that this change will be further supported by the introduction of the trader goods profile, which holds data based on past movements. That goes directly to the point that the right hon. Gentleman just raised about obligations that the arrangement puts on businesses because, in many cases, that dataset can, in the jargon, auto-populate forms for freight movement. In other words, it can fill in forms automatically so that businesses only have to add ordinary commercial information, such as the volume, weight and invoice value. Over 10,000 UK businesses are now registered for the UK internal market scheme, which allows businesses to take advantage of the new arrangements. The existing “not at risk” arrangements will continue to allow tariff-free movement of eligible goods from GB to NI.

The hon. and learned Member for North Antrim referred to the flow of goods. I would simply say that the data shows that the value of goods moving from GB to Northern Ireland has gone up, not down. Qualifying Northern Ireland goods continue to have full, unfettered access to Great Britain when they are sent in parcels or freight, meaning that those parcels can be moved as normal with no new requirements.

For parcels sent to consumers—the hon. and learned Gentleman did not touch on that, but I wish to refer to it—no customs declarations, safety or security declarations or customs duties are required for movements from Great Britain to consumers in Northern Ireland under the new arrangement. The practical effect is that there should be no noticeable change for people sending parcels to friends and family in Northern Ireland, and minimal noticeable change for most consumers sending and receiving parcels that move from Great Britain to Northern Ireland. Where parcels are moved between businesses, they can access the same arrangements as freight movements.

[Jim Allister]

The Secretary of State ignores the impact on consumers of the general product safety regulation, which requires the business in GB that is sending to Northern Ireland to have an agent in Northern Ireland and to be in a trusted trader scheme—all the things that are totally alien to supposedly being in the same single market.

[Hilary Benn]

I am not ignoring the general product safety regulation. This is a debate about parcels. I am well aware of the issues that arise because of its implementation. There is no bar on traders and businesses sending products to Northern Ireland, or indeed to the European Union. The European Union has put in place that requirement to apply to goods that come into its jurisdiction, for the same reason that I gave at the start of my response to this debate: there has to be a mechanism for ensuring that goods that come in comply with the rules of the EU single market. Many businesses have found a way of having an authorised economic operator. I understand the burden that that puts on particularly small operators, but it is another aspect of the need to ensure that we are good neighbours.

I was about to say that the specific arrangements for moving parcels that contain sanitary and phytosanitary goods have not changed. Businesses can make use of the Windsor framework schemes for moving agrifood goods, and the Northern Ireland retail movement scheme and the Northern Ireland plant health label scheme allow GB businesses to send SPS parcels to businesses in Northern Ireland for sale to consumers. That represents a considerable improvement. Guidance and support are available to help businesses understand the schemes. I recognise that the transition to the new arrangements from tomorrow will be challenging for some businesses, but in time they will get used to them. We are in touch with industry to understand where businesses need extra support and assistance. His Majesty’s Revenue and Customs has been alerting businesses—

EU Tariffs: United States and Northern Ireland Economy

Jim Allister Excerpts

Tuesday 8th April 2025 Commons Chamber

[Hilary Benn]

Notwithstanding what we have been discussing today, Northern Ireland imports about £800 million-worth of goods from the United States of America, which is about 2% of the total purchases made by Northern Ireland. The rest—98% of the purchases—is unaffected by any EU retaliatory tariffs relating to goods brought into Northern Ireland. As I travel round Northern Ireland, I see that there are great business opportunities and lots of investment coming in. As I said to the House last week, Northern Ireland has a higher rate of growth than the UK as a whole and the lowest unemployment.

[Jim Allister (North Antrim) (TUV)]

As Secretary of State for Northern Ireland, is the right hon. Gentleman not embarrassed that he and his Government have no control over the tariffs in respect of goods imported into Northern Ireland? Is the obvious and inevitable answer not to repatriate to the United Kingdom control over trade laws? What happens if Northern Ireland is used as a conduit by the Republic of Ireland or the EU to export goods to the US? Who checks those goods and where?

[Hilary Benn]

As I think I have said to the hon. and learned Gentleman before, I would not have started from here myself in relation to the cause that led eventually to the negotiation of the Windsor framework, which was a huge improvement on the Northern Ireland protocol. We do not control the decisions that the United States Administration have taken. What we have to do is make sure that we stand with businesses, including in Northern Ireland, to provide them with support, and a mechanism that allows them to reclaim the tariff is the most practical step we can take. It is already in place because of the Windsor framework.

Oral Answers to Questions

Jim Allister Excerpts

Wednesday 2nd April 2025 Commons Chamber

[Hilary Benn]

We will discover more later today about the decision that we are told the US Administration are about to make. Tariffs are not good for any country, and they are not good for the global trading system, but we will have to see what the consequences are. Any tariffs that the United States of America puts on the United Kingdom will be felt equally in Northern Ireland and in Great Britain. We will not hesitate to take the action that is necessary to respond, but we are not going to make snap decisions, because we are also trying to negotiate an economic agreement with the United States of America.

[Jim Allister (North Antrim) (TUV)]

An industrial strategy would be very welcome, but is not the reality that any assistance under an industrial strategy in Northern Ireland would be subject to EU state aid rules, that any raw materials for industry in Northern Ireland that come from GB would have to pass through the international EU customs border, and that many goods would have to be made to EU, not UK, standards? Unless or until we get rid of those hindrances, how do we liberate such a strategy?

[Hilary Benn]

As I pointed out in my previous answer, the Windsor framework, which was negotiated by the previous Government and was a huge improvement on the Northern Ireland protocol, is the only available means of managing the challenge of having two systems, with two different sets of rules, and an open border. Not all Members of the House may want to recognise that fact, but it is a fact, and we have to deal with it.

St Patrick’s Day and Northern Irish Affairs

Jim Allister Excerpts

Thursday 27th March 2025 Commons Chamber

[Jim Allister (North Antrim) (TUV)]

Thank you, Madam Deputy Speaker. Since this debate is not just about St Patrick’s day but about Northern Ireland affairs, I am surprised that I am the only Member of the House from Northern Ireland participating in it. That is a pretty poor situation.

[Adam Jogee]

I gently put it to the hon. and learned Member that he ought to correct himself slightly. The hon. Member for Aberdeenshire North and Moray East (Seamus Logan) is also from Northern Ireland. A number of colleagues who represent Northern Irish constituencies have sent apologies for having had to go home, no doubt to tend to their constituents. I put it on the record that they have made that point.

[Madam Deputy Speaker]

I know that the hon. Member for Strangford (Jim Shannon) is in Westminster Hall this very minute. He has double-booked himself, as he would.

[Jim Allister]

I am aware that the hon. Member for Strangford (Jim Shannon) is in residence at his second home. I am, however, the only Member present who represents a Northern Ireland constituency, if that satisfies the hon. Member for Newcastle-under-Lyme (Adam Jogee).

Of course, St Patrick is a very important figure historically. No doubt over the generations he has been even more greened than he ever was, but I do find it a little rich in irony that St Patrick, being a Brit, is celebrated with such enthusiasm by the Irish. I think it is important, in talking about St Patrick, to recognise and remember that his primary contribution was in bringing the Christian message: the message that fallen man needs reconciliation with God, and that can come only through the mediation of the Lord Jesus Christ. That was his essential message to Ireland and elsewhere.

It is also right, of course, that there are many intertwining relationships between the various parts of Ireland and the various parts of Great Britain. One can think of some of the standout indications of that, not least in the currency of the second world war, when the ports of Northern Ireland were so vital to the battle in the Atlantic and to defending our freedoms. Indeed, Northern Ireland welcomed the first American soldiers to be encamped, and they ran to many, many thousands in those years.

At the same time, sadly, the Republic of Ireland held to a strategy of non-involvement and neutrality. Therefore, it is always right to remember that in Great Britain’s greatest hour of need—the United Kingdom’s greatest hour of need—it was in fact the people and country of Northern Ireland who came swiftest to its aid. Whereas the Government of the Irish Republic formally, and quite shockingly, expressed regret at the death of Hitler, it was from within Northern Ireland that the contribution was made that the then Prime Minister, Winston Churchill, so generously recognised.

Of course, the relationships are multifaceted and it is easy to be cosy and sentimental about those relationships, and there is a place for that, but I do have to say to this House that there is also a dark side to the relationship, because the undoubted source for much of the initiation, conduct and carrying forward of the brutal IRA terrorist campaign of the 1970s, ’80s and ’90s was the aid and assistance given from the Republic of Ireland. Indeed, the historical records show that the Provisional IRA was first armed by those associated with the Irish Republic—even in government. Those are factors that I, representing constituents who lost family members at the hands of the IRA, cannot easily forget, and nor should we.

We talk about co-operation, and co-operation is good, but it is also a salutary fact that at the peak of those terrorist campaigns we did not have the co-operation we needed. Between 1969 and 1981 there were 81 extradition applications for wanted terrorists in respect of terrorist deeds committed in Northern Ireland—81 applications to the Dublin authorities—and only one was granted. Of course, the truth was that many of the cross-border terrorist attacks were carried out from the Irish Republic, among them the most infamous, that of the greatest loss of military life: the attack at Warrenpoint, where the bomb that killed all those Parachute Regiment and other regiment soldiers, was triggered from the Irish Republic. That was but a reflection of what happened time and again. When co-operation was sought, there might have been nice words but there was very little action, as indicated in the matter of extradition. So I think we have to inject into our reflections upon that relationship some of the cold realities that cost the lives of British citizens in Northern Ireland. That cannot not be written out of our history.

If we are to debate Northern Ireland affairs properly, it is surely impossible to ignore the incredible constitutional situation that Northern Ireland is now in: namely, that although I stand in what is called the sovereign Parliament of the United Kingdom, there are 300 areas of law pertaining to Northern Ireland in relation to which neither this Parliament nor the devolved Parliament can make the law, because those powers, covering much of our economy, have been surrendered to a foreign Parliament, the European Parliament.

In pursuit of that, we now have the obscenity of an Irish sea border, shortly to be reinforced with the insult of a parcels border. A granny cannot send her new grandchild in Northern Ireland a teddy bear without registering it through the processes of the Irish sea border. Businesses in my constituency—small engineering businesses or craft industries—depend on supplies that come by parcel from their age-long suppliers in GB, but those parcels will now be subject to the demands of the foreign EU border. Those that send them must be a member, at cost, of the trusted trader scheme; they must make a customs declaration; and they must record what is moving, where it came from and where it is going. And yet this is said to be a United Kingdom. It is a United Kingdom sadly partitioned by a border in the Irish sea.

The point I am coming to is that much of that is at the behest of the authorities in the Irish Republic. It was the Taoiseach of the Irish Republic who pushed, cajoled and forced the EU into its irrational demands. At the beginning of the protocol negotiations, the EU was prepared for—indeed, it originated the idea—mutual enforcement to control the movement of goods. Sadly, it was Taoiseach Varadkar who saw the opportunity of partitioning the United Kingdom and who insisted on the border being pushed to the Irish sea, where the IRA could never push it in its 30 years of terror. It was the Dublin Government that made those irrational demands and repudiated the very thing that made that unnecessary: namely, mutual enforcement.

So yes, there is lots of nice fuzzy sentiment about how the Irish Republic and the UK have good relations in many areas, but the reality is that there has also been a malevolence to the detriment of Northern Ireland.

[Seamus Logan]

I may be getting on a bit now, but I do not recall some of the accusations that the hon. and learned Member is making about the role of the Irish Government in the negotiations that followed the Brexit vote. Will he clarify, for the purposes of the record, whether many Unionist elected representatives, some of whom sit in this Chamber, encouraged their supporters to vote for Brexit in June 2016? Did they not?

[Jim Allister]

They did, but they did not get Brexit—that is the fundamental issue. The question on the ballot paper was, “Do you want the United Kingdom to leave?” It was not, “Do you want GB to leave and to leave Northern Ireland behind?”, but that is what we got. We were left in the single market, under their customs code. Never forget that their customs code decrees that GB is foreign—a third country—so its goods must pass through the EU border because Northern Ireland is treated as EU territory. That was not on my ballot paper, and that was not what I voted for, but that is what the last Government left us, and that is what this Government seem unprepared to do anything about, even though it is not what they brought about.

So yes, let us celebrate the international relations that we would expect between neighbours, but let us not get so bleary-eyed that we do not recognise the realities and the legacy of the history. We are talking about the wonderful relationship with the Irish Republic, but who is taking the United Kingdom to the European Court of Human Rights? It is the Government of the Irish Republic, over a legacy Act that this Government are not even pursuing. In any relationship, people look for two-way co-operation. They certainly do not look to try to exploit a situation to achieve the disassembly of part of the neighbouring country. Sadly, that is what is happening in respect of the Brexit negotiations.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call Liam Conlon to make the final Back-Bench contribution.

European Remembrance Day for Victims of Terrorism

Jim Allister Excerpts

Tuesday 11th March 2025 Commons Chamber

[Jim Allister (North Antrim) (TUV)]

As someone who had the honour of hosting an event on this day for all the years I was a Member of the Northern Ireland Assembly, I commend the right hon. Member for securing this debate. However, does he agree with me that one of the most abiding and insidious hurts to victims of terrorism is the constant glorification of those who made them victims, particularly when it comes to those who sit in Government in Northern Ireland, by their attendance at events commemorating those who were the men of blood and who delivered death and destruction on our streets? Is that not one of the most hateful and insidious things that can be done to a victim, with the re-traumatisation that it brings?

[Gavin Robinson]

I am very grateful to the hon. and learned Member. I have two things to say to him on that. First, I am glad he organised—for 13 years, I think—an event at Stormont to mark European Remembrance Day for Victims of Terrorism. Such an event also occurred yesterday, so his legacy lives on, and I was pleased to attend it, as I have on many occasions in the past.

Secondly, the hon. and learned Member is absolutely right. Yesterday, I had the opportunity to meet again—we met last week, but I met again yesterday—Margaret Veitch and Ruth Blair, who lost loved ones in the Enniskillen bomb. I reflected with them, and it resonates so much with this point, on the glorification of terror, particularly from those who have a responsibility to live by the Nolan principles and to fulfil the political offices they hold, yet who attend commemorations and glorify those who revelled in terror. The excuse they always use is, “We have a right to remember our dead.” That is what they say: they have a right to remember their dead. Margaret and Ruth lost family members by simply turning up to remember their war dead on Remembrance Sunday in Enniskillen, yet they hear their political leaders say, “We do this because we have an entitlement to remember our war dead.” Margaret and Ruth and their parents were offered no opportunity to remember, rightfully, those who made the sacrifice for freedom in our country.

Trade Diversion and Windsor Framework

Jim Allister Excerpts

Tuesday 4th March 2025 Commons Chamber

[Jim Allister (North Antrim) (TUV)]

The issue of diversion of trade is becoming an increasing problem of manifold proportions for Northern Ireland. Before the protocol, goods could be moved from Birmingham to Belfast as easily as they could be moved from Gloucester to Glasgow, but no more. The resulting Irish sea border, and all that comes with it, has caused a huge and increasing diversion of trade.

We can get an insight into how things naturally should be and how business wishes them to be by looking at the Northern Ireland Statistics and Research Agency figures of recent years. If we look at the pre-protocol days, we see that in 2018, for example, the volume of goods purchased from the Irish Republic was £2.8 billion, but the amount purchased from GB was five times that—£13.4 billion. There we have a snapshot of the natural inclination of trade in Northern Ireland, particularly for our raw materials.

Before Brexit, there was a similar situation. Indeed, we could say—and some may say—that that is a better reflection of whether there has been trade diversion. Before Brexit, we could as readily buy our goods from the Republic as we could from GB, because we were all in the EU single market. Even then, the predominant trading of choice was from GB. That is no surprise because for decades Northern Ireland has been a particularly integrated part of the UK economy.

However, along came the protocol, which requires Northern Ireland to be subject to a foreign customs code—that of the EU—which of course treats GB as if it is a foreign country. Therefore, when goods come from outside the EU into the EU, and we in Northern Ireland are regarded as being in the EU for these purposes, those goods have to be checked, with customs declarations, documentary checks and physical checks on, for example, all our raw materials. So it is no surprise that that is inevitably bound to cause diversion of trade.

We were told, as part of the spin of selling the protocol, “Oh, there are protections against the diversion of trade, and it wouldn’t be allowed to happen”. Article 16 of the protocol, we were told, was our safety net:

“If the application of this Protocol leads to…diversion of trade…the United Kingdom may unilaterally take appropriate safeguard measures.”

It has led to the diversion of trade, but the United Kingdom Government have not taken unilateral action in that regard.

The fact of the diversion of trade is a challenge to the protocol’s proponents. It is a challenge to those who put this upon us, and it is one that they have to meet, but which I fear they will not meet. Where is the proof, some may ask, of the diversion of trade? Again, it is in the NISRA statistics. Dr Esmond Birnie, a renowned economist in Northern Ireland, has done a succession of studies of the NISRA statistics. He wrote back on 11 December 2024 that the data

“provides further evidence that the NI economy is becoming more trade integrated with the Republic”,

and of

“North-South trade growing at very rapid rates at the expense of what previously was an inflow of goods from GB.”

[Jim Shannon (Strangford) (DUP)]

Will the hon. Member give way?

[Jim Allister]

Perhaps in a moment.

We also see that in the purchase of goods figures that NISRA reports. It has given us figures from 2020, contrasting them in a table with those for 2023. The year 2023 was only the beginning of things getting difficult, as the Irish sea border did not in effect come into place until October 2023 because of the grace periods. However, those NISRA figures show that Northern Ireland’s purchases of goods increased from 2020 to 2023—of course, it was a period of inflation—by 24% from GB, but by 50% from the Republic of Ireland, meaning twice the growth rate in the buying of goods into Northern Ireland that would previously have come from our integrated United Kingdom economy.

The Office for National Statistics business insights and conditions survey states that 13.1% of currently trading manufacturers based in GB had sent goods to Northern Ireland in the past 12 months. That was at the end of 2024. But in January 2021, 20% of manufacturers in GB were sending goods to Northern Ireland. So, in just those four years there has been a dramatic fall in the number of manufacturers supplying goods to Northern Ireland. It has nearly halved in four years. The ONS data for 2024 tells us more: 11.7% of companies tell us they have stopped trading with Northern Ireland. Why? Because of the bureaucracy, because they have to make customs declarations, because they have to have them checked, and because they have to employ extra staff to do all that. Many companies, particularly in smaller sectors, have simply said that they are not going to do it.

[Robin Swann (South Antrim) (UUP)]

Will the hon. and learned Gentleman give way?

[Jim Allister]

In a moment, perhaps. I need to make sure I get through what I need to say.

It is beyond doubt, I would respectfully say, that there has been trade diversion. Back in September, the Road Haulage Association gave evidence to a parliamentary Committee of this House. It told the Committee that 30% of haulage lorries that take goods to GB are returning empty. Why? Because GB companies have stopped supplying. Now, that is an incredible thing to contemplate. Trade works on the basis that you take goods out, and then you fill your lorry and bring goods back. That is how you make it viable and how the economy works. That 30% of lorries now returning to Northern Ireland are returning empty is an incredible indictment of the operation of the protocol.

And things are getting worse. The EU regulation on general product safety now puts more burdens on companies selling into Northern Ireland, because they have to meet enhanced EU product safety regulations. I have mentioned the craft sector in this House before. Recently, 11 suppliers in that niche market stopped supplying Northern Ireland. It will get worse, because the partial border is coming and they will have to do more paperwork and make more declarations about sending simple parcels from GB to Northern Ireland. Tesco has slides that it shows to its own suppliers stating that they should now buy from the Republic of Ireland because it is easier to supply from there than from GB. The same is happening in veterinary medicines and in every sector.

Why does that matter? It matters for a very pertinent political reason. The whole idea of trade diversion and the whole purpose of the protocol was and is to build an all-Ireland economy: to dismantle the economic links between Great Britain and Northern Ireland and enhance links with the Irish Republic, thereby creating stepping stones out of the United Kingdom into an all-Ireland for Northern Ireland. That was the determination that lay behind the protocol.

We do not need a protocol to govern trade. It is demonstrable that if we can organise trade through Northern Ireland to GB without border checks in the Irish sea, and if, as the Government now say is possible, we can do it with checks away from the border, then equally we could do it in the other direction, through mutual enforcement. That would mean recognising that if we are going to export from one territory to another, our manufacturers must produce goods to the standards of the other, and we would enforce that by making it a criminal offence to do otherwise. That is the essence of mutual enforcement. It would work, but it is not allowed to work, because the political agenda of the protocol is to ensure this reorientation and realignment.

We are told that we now have Intertrade UK, but it has no staff and no budget, in comparison with InterTradeIreland, which has more than 50 staff and a budget of £6.5 million a year and is active across the whole area. Intertrade UK has been set up as a shadow, but it is not able to compete in any sense.

This Government have allowed the economy of Northern Ireland to drift out of the United Kingdom. I believe those who are protocol enthusiasts want that to happen. Now it is happening, the onus is back on the Government to do something about it.

[Sammy Wilson (East Antrim) (DUP)]

rose—

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Before the hon. and learned Gentleman takes the intervention, I know that he was anxious about getting through his speech, but, because the Adjournment debate started early, he does have until 7.30 pm. [Laughter.] I believe he was about to take an intervention—does he want to continue with that?

[Jim Allister]

I will give way.

[Sammy Wilson]

You shouldn’t encourage him, Madam Deputy Speaker—he will take to 7.30 pm and beyond, because this is such an important subject.

Does the hon. and learned Gentleman agree that the diversion of trade has not only political but economic implications for Northern Ireland? There are increased transport costs, because lorries do not come both ways with goods in them; there is the fact that many people chose suppliers in England because they are cheaper, better-quality and so on, and now manufacturers in Northern Ireland are having to go to the second-best suppliers; and there is also the additional paperwork that is involved. That all adds to costs and makes the Northern Ireland economy less competitive, which therefore makes it more difficult for it to be viable.

--- Later in debate ---

[Jim Allister]

The right hon. Gentleman is absolutely right. Business is like water: it follows the easiest course. When we were an integrated part of the UK economy, the easiest and cheapest course was to do the greater bulk of our trade with GB. That, historically, has been our basic supply market for our raw materials and everything else. However, when a fettering of trade is imposed, naturally, business will follow the easiest route. The easiest route now, sadly, is to cease trading from GB and accentuate trading with the EU, and most particularly the Republic of Ireland.

The United Kingdom was built on two pillars, according to the Acts of Union. The first was a political union, with article 3 establishing this House as one sovereign Parliament for the whole United Kingdom; the second was an economic union, through article 6, which established unfettered trade between and within all parts of the United Kingdom. That was what article 6 said—that there should be unfettered trade. But along came the protocol, which fettered trade, leaving the Supreme Court with no choice but to accept that the protocol had therefore subjugated article 6. The very foundation of our economic union, article 6, which says that there shall be unfettered trade, is in suspension. It is no wonder that the consequence of that fettering of trade is a diversion of trade.

[Robin Swann]

I thank the hon. and learned Member for giving way. It is on that diversion of trade that I wish to speak. He and most Northern Ireland MPs will know of the fantastic Colemans Garden Centre in my constituency of South Antrim. It supplies quite a number of people across Northern Ireland who have had difficulty in getting plants and fruit brought across from their main supplier, McIntyre Fruit, in Scotland. Just before this debate, the manager of Colemans Garden Centre told me that he had been in contact with Stuart McIntyre who said that he had just picked up a contract to supply a firm in Japan. He said that, bureaucracy-wise and administration-wise, it is easier for a supplier in Scotland to supply into Japan than it is to supply across the 14-mile stretch of water into Northern Ireland.

[Jim Allister]

That is the absurdity of where we have got to, and it has been accentuated by our subjection to the EU’s general product safety regulations. Those regulations provide that if a company is supplying into Northern Ireland from outside the EU—in other words, from GB—it must have an agent resident within the EU. The company must complete the paperwork on the origin of its goods and on the customs declarations, and it cannot do so without employing an agent within the EU. Anyone who knows anything about business will know that that is added cost that will cause many businesses to say, “Northern Ireland is not a huge market to start with, so I shall just not bother with it.” That is what all our businesses in Northern Ireland are suffering from.

[Jim Shannon]

I congratulate the hon. and learned Member on securing this debate. Small businesses in my constituency have told me that they are now having to pay His Majesty’s Revenue and Customs a duty for buying goods from English suppliers and then selling the same goods in Northern Ireland to the Northern Ireland consumer, remaining within the internal market. Last Friday, one trader told me that he is now having to pay more in duties to HMRC than the invoice was for the goods. That is because HMRC does not trust that the goods will remain, but assumes that they will be sold into the EU. Does the hon. and learned Member not agree that the same HMRC displays greater trust and acceptance of VAT declarations, on the premise that they will be checked at random, than it does for internal trade within the United Kingdom? What a backward step that is.

[Jim Allister]

I agree. Let us just think about the Irish sea border. Given the infinitesimal amount of goods and trade that cross that border—infinitesimal when compared with the proportion of EU trade—it is incredible that it has 20% of all the checks across the whole of the EU. That infinitesimal amount when set against the totality of EU trade warrants 20% of all the checks in the EU. It would be easier to bring in goods from Belarus into the EU than it is to bring goods from GB into Northern Ireland.

[Sammy Wilson]

The hon. and learned Member talks about that trade being infinitesimal—0.4% of EU trade crosses that border, yet it accounts for 20% of checks. Does he agree that that will not be the story of the future? In my constituency, we are already building a £140 million EU control post on a 10-acre site. Once that is open, there will be much more scope to check goods to an even greater degree. If that is not the point of having such a large EU border post in the middle of the United Kingdom, what is?

[Jim Allister]

That is the point, because it is an EU border. EU trade laws govern the Irish sea border. EU officials, under the protocol, have the right to supervise checking. When we have the full panoply of facilities that are being built at Larne and at other ports, I fear that we will see the muscle of EU inspections. The protocol gives the EU, which boasted that the price of Brexit would be Northern Ireland, the upper hand in that regard.

I return to the point that the protocol is imbued with a political motivation, and that motivation is not to get Northern Ireland the best of both worlds. My goodness, what a con that idea is. The protocol was supposed to make Northern Ireland a Mecca, a Singapore of the west, but we now know that there has been no uplift whatsoever in foreign direct investment. Why? Because a manufacturer coming to Northern Ireland is interested not just in selling goods out of Northern Ireland, but in where it is getting its raw materials. When a manufacturer is told that its basic supply line has to pass through an international customs border controlled by the EU, the shine soon goes off the prospect of investing in Northern Ireland.

We are in a pretty dire situation, which is getting worse, and which has massive constitutional and economic implications, but I fear that the Government are deaf and blind to the issues, because they do not want to face the consequences. They are hand in glove with the EU, dismantling Northern Ireland’s place in the United Kingdom, and setting us on a course for the economics marrying with the politics, and Northern Ireland ceasing to be.

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

We were told by the previous Administration that with the new green lane and the Windsor framework, all would be glorious—it could be the best of both worlds. Did the previous Administration mislead the House?

[Jim Allister]

Not just the previous Administration; I think there has been gross, calculated and deliberate misleading about the protocol from day one. We were told that the green lane was gone. It has not. We still have to do customs declarations. We still have document checks, but all our raw materials must, by dint of the protocol, come through the red lane, so they must be subject to all the rigour of the EU’s international border. That is what will cripple our economy. We have seen it in small craft sectors. Niche sectors that depend on small suppliers are giving up. When that bites, as it will, we will see that right across our economy.

The Government need to find some dignity and stand up for this United Kingdom, which is not just Great Britain but includes Northern Ireland. It is time to put some mettle into defending that position, and to row back from the disastrous destructive elements that the protocol has brought us.

--- Later in debate ---

[Jim Allister]

The way not to deal with it is to say, “We, the United Kingdom, will hand over part of our territory to EU jurisdiction. We will put it under the EU’s customs code, which will decree the rest of the United Kingdom a foreign territory. We will subject that part of our territory to having 300 areas of its law not made in the United Kingdom; law in those areas cannot even be amended in the United Kingdom. It will be foreign law imposed.” This could have been dealt with by mutual enforcement. We could have said, “We want to trade with each other, and we want to be neighbourly, so we will guarantee, on pain of criminal conviction, that anything we send into your territory meets your standards and vice versa.” Why did things have to be made complicated, at the expense of jettisoning Northern Ireland from the United Kingdom economically and constitutionally?

[Hilary Benn]

The hon. and learned Gentleman argues in favour of what he calls mutual enforcement, but that is not a credible basis for resolving the dilemma created by our leaving the European Union.

[Jim Allister]

indicated dissent.

[Hilary Benn]

The hon. and learned Gentleman may disagree. I am expressing the Government’s view, which is that it is not a credible basis. One thing is absolutely clear: the answer was never to try to wish the dilemma away and pretend that it did not exist. I am afraid that, at times, it has appeared as though that argument has been advanced.

The first go at trying to find an answer was the Chequers plan, which did not get support. The Northern Ireland protocol was the second go, but that was never going to work—I made that argument as an Opposition Back Bencher—so the Windsor framework was negotiated. There is no denying that the Windsor framework represents a huge improvement on the prospect created by the Northern Ireland protocol.

--- Later in debate ---

[Hilary Benn]

I have only just begun my remarks, but if the hon. Gentleman will bear with me, I shall shortly come to the point that he raises.

The Windsor framework protects the UK internal market, while, as I argued a moment ago, enabling the EU to be confident that its rules will be respected. The Government’s view and my view is that that was the responsible thing to do in the circumstances, because this Government support sustainable arrangements for Northern Ireland that respect its particular circumstances —indeed, they are unique—and its place in the Union, and that uphold the Good Friday agreement. The hon. and learned Member for North Antrim’s central argument this evening is that we should trigger article 16, the unilateral safeguard in the Windsor framework. To do that would be contrary to Northern Ireland having stable arrangements for trade, now and in future. It would disregard the benefits that the Windsor framework offers for businesses—indeed, the benefits that are actively relied upon by businesses, including those that are taking advantage of Northern Ireland’s unique access to the UK and EU markets—[Interruption.] The hon. and learned Member for North Antrim shakes his head, but I have met businesses that have told me how they are taking advantage of that dual market access. I meet businesses in my constituency that can see what Northern Ireland has got out of these unique arrangements.

Those benefits will be enhanced by the UK internal market “facilitations”—that is the phrase—that will come into force in the near future, and that will, on a durable and legally binding basis, support the smooth flow of goods across the whole of the UK when the next phase of the UK internal market system is implemented this year, without, for example, unnecessary international customs paperwork.

We have seen the benefits of negotiating a way forward. There is unilateralism, as the hon. and learned Gentleman argues, and there are the benefits of negotiation. In respect of agrifood and sanitary and phytosanitary measures, we have been able to lift the old ban on the movement of seed potatoes. Not all those problems have been solved—I am the first to acknowledge that—but it is an improvement compared with the situation before. We are now able to apply UK public health and safety standards to agrifoods on the basis of primacy for goods staying in the United Kingdom moving under the Windsor framework schemes. We have reached agreements with the EU on tariff rate quotas, enabling businesses from Northern Ireland to import steel and agrifood products under UK tariff rates.

We also have an active Assembly that is scrutinising the regulations and raising its views—[Laughter.] Well, I will come back to that point later on. Medicines for the whole of the UK are now authorised by the Medicines and Healthcare products Regulatory Agency, and we have ensured that Northern Ireland benefits from the same VAT, alcohol duty and other taxes as the rest of the UK.

All of those are undoubted benefits for Northern Ireland. They are benefits of the framework that supports Northern Ireland’s access to the two markets, and from which this integral part of the United Kingdom, which Northern Ireland is, uniquely benefits. This is possible because we have a lawful and sustainable agreement, in stark contrast to what the hon. and learned Gentleman has proposed as a way forward.

I would be the first to acknowledge from this Dispatch Box that the Windsor framework is not perfect. We all know that. Where problems arise with the practical operation of the framework, this Government and the EU have tried to show that we can work through them in a constructive and pragmatic way, because that is what we have to do. For example, having listened to businesses, we took a pragmatic decision to extend on the timetable for implementing the new arrangements on parcels. One of the consequences of doing that was that the introduction of the new, less onerous customs arrangement was put off, because the EU’s view was that we needed to do the parcels at the same time in order for the new customs arrangements to come in.

Another example is the horticultural sector, where, in the last month the restrictions on the movement of two species of plant were removed. If we are talking about trees, I think that takes it up to 23, including our beloved silver birch and, I am advised, a number of varieties of cherry tree that were sorted out at the end of last year.

On the question of the Stormont brake, we acted on the concerns that the Northern Ireland Assembly raised about the potential implications of the new rules on chemical labels, font sizes and so on by committing to consult on taking forward measures across the UK that will protect the UK internal market. I would just point out—because the hon. Gentleman looks slightly sceptical —that there is a high bar to be met for the Stormont brake. When I received the application as Secretary of State, I was under a legal obligation to consider the application under the rules of the Stormont brake, and I made the decision that I did. In the end, what the Government announced was moving towards the same outcome that those who had raised the concerns in the first place wanted, just by different means than they had sought. In the end, the Stormont brake process actually worked to achieve the outcome that the Assembly wanted.

[Jim Allister]

I think the Secretary of State should listen to himself. What he is saying to the House is that we should be grateful for some sort of dud mechanism to deal with the situation whereby the right to make laws in 300 areas has been gifted to a foreign power, and that people elected in Northern Ireland can have no say in those laws and cannot amend, move or bring them into effect. He says that we should be grateful that, in those 300 areas of law, we might be able to go to the EU and say, “Please, Sir, would you ever mind just making that a little better?” Really? Where is the sense of dignity from this United Kingdom, that we should so prostrate ourselves to a foreign unelected jurisdiction—elected by no one in the United Kingdom—allow them to make our laws, and then claim as a victory the fact that we have a right to go and ask them to make some changes? But the Secretary of State has failed to answer the question. There is trade diversion—what is he going to do about it?

[Hilary Benn]

I am not asking anyone to be grateful for anything; I am simply pointing out to the House the problem that was created in the first place when we left the European Union.

[Jim Allister]

It is punishment.

[Hilary Benn]

If I heard the hon. and learned Gentleman correctly, from a sedentary position he said, “punishment”. I could not disagree more. I would encourage him to reflect on what he has said, because I do not think that he acknowledges that there was an issue there that had to be addressed, and wishing it away was never going to work.

--- Later in debate ---

[Jim Allister]

rose—

[Hilary Benn]

The hon. and learned Gentleman has had quite a lot to say and I have given way to him three times, so I hope he will bear with me while I continue my remarks.

In the past, the idea that the UK would be a country that signed an international agreement and then reneged upon it would have been extraordinary to us all in this House, but that is what happened in very recent living memory, and it is why I put this point to the hon. and learned Gentleman.

The last Government negotiated the Windsor framework. I stood up in the House and supported it. The Opposition supported it at that time, and I voted for it because I genuinely believed that it represented a significant step forward. But if we do not honour the most recent agreement that we have signed with the European Union, why would it wish to reach agreement on what this Government are currently seeking, in particular on an SPS veterinary and agrifood agreement? This Government have come in saying that we want to do that, while the last Government appeared to say, “Well, the trade and co-operation agreement is all we want—we don’t want anything else.” This Government have a very different view: we want to negotiate an SPS veterinary and agrifood agreement, and that would help considerably with some of the issues that have been raised during the debate. The Government will continue to listen to the concerns of businesses and respond pragmatically.

Clonoe Inquest

Jim Allister Excerpts

Tuesday 11th February 2025 Commons Chamber

[Hilary Benn]

As history shows, decisions about potential prosecutions are taken by independent prosecutors. Such decisions are not determined by the Government; independent prosecutors have to take decisions on the basis of the evidence and then courts have to decide whether they are going to convict or not. That is called the rule of law. A distinguished former Defence Secretary, Ben Wallace, set out very clearly that the British Army believes in the rule of law and is held to the highest standards, and I agree with him. I also agree with what the newly appointed veterans commissioner in Northern Ireland had to say about that in the comments that were reported over the weekend.

[Jim Allister (North Antrim) (TUV)]

There is tangible anger in Northern Ireland over this preposterous verdict, and the Secretary of State’s limp response today will not assuage that anger. This is a Secretary of State who wants to see IRA godfather Gerry Adams paid compensation because the wrong Minister signed his detention order 50 years ago. This is a Secretary of State who has today defended the retention of a coronary system that, time without number, puts the security forces in the dock, but never the terrorists. Little wonder that confidence in the Secretary of State is haemorrhaging in Northern Ireland, and this response only underscores why.

[Hilary Benn]

As I made clear at Northern Ireland questions recently, the Supreme Court issued a judgment on the interim custody orders relating to internment in 2020. The previous Government knew there was a problem and, for quite a long period of time, was unable to find a solution. In the end, the solution—sections 46 and 47 of the legacy Act—has been found to be unlawful, but I have given an undertaking from the Dispatch Box that we are looking at all lawful means to prevent compensation from being paid in those circumstances. I believe that we are taking the right approach to the legacy Act.

On coroners, I say for, I think, the third time that if we have an inquest system that we support and that applies right across the piece, it is not possible to write legislation that says, “We will have the verdicts, judgments and findings that we like, but we will not have the findings that we do not like.” That is a decision—[Interruption.] Independent coroners make those decisions in respect of individual cases. I feel the anger of many Members of the House—[Interruption.] Will the hon. and learned Gentleman let me finish answering the question that he put? I feel the anger that is being expressed in the House, but we have an independent legal system in this country, which is one of the foundations of our freedom.