European Union (Withdrawal Arrangements) Bill

Debate between Jim Allister and Linsey Farnsworth

2nd reading
Friday 6th December 2024 Commons Chamber

[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.