Northern Ireland Protocol Bill

Jim Shannon Excerpts

Committee stage
Wednesday 13th July 2022 Commons Chamber

The consequence is of such importance that the decision should come back to the House, and that need not take long; my amendment 2 to clause 26 sets out the procedure, which would mean the process could be dealt with swiftly, by Ministers coming to the House, laying a motion to approve the relevant matters and setting out their case. If the case were made out, I would happily vote for it. If we had evidence that political stability and a functioning Executive would return to Northern Ireland—that great objective—that might persuade me, and many others, no doubt, to take a greater risk than might otherwise be the case, but as yet we do not have the evidence that that would happen, so at the moment we are in danger of giving Ministers a significant blank cheque on a matter that relates to our political and legal reputational standing in the world. That is my objection to the Bill in its current form. I do not rule out the possibility of the Government using the Bill, but they should come back to the House and make their case. That is the essence of my argument.

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Gentleman for the knowledge and experience that he brings to the House, which we all very much appreciate. Does he agree with me, and probably others on the Opposition Benches, that Northern Ireland has been used as a bartering tool between the EU and the UK in trying to sort out some of the problems? Examples include whenever the vaccine was stopped for us and was then made available, all the tariffs, and regulations and red tape. All those things show that the process quite clearly is not working. Northern Ireland does not want to be a bartering tool between the UK and the EU; we want to be part of the UK. Does the hon. Gentleman understand why these issues are so important to us? I think he does, but I would like to hear his opinion.

[Sir Robert Neill]

I do understand that, which is why I have made it clear from the beginning that I am as much in favour of changes to the protocol as anyone else. Of course, the protocol had provisions written into it to enable those changes to take place, and that is what we would all want to see.

Let us be blunt: there will be a change of Prime Minister soon, and a change of personnel under those circumstances may—I hope it does—make negotiations easier. There has been a degree of strain in relations with the EU and the heads of some major Governments in the European Union. I very much hope that one consequence of what has happened is that it may be easier to rebuild and repair relationships and trust, and that could lead to a negotiated change, which would mean that this legislation was never necessary. Nobody would be more delighted than I—or, I suspect, anyone else in this House, including those on the Treasury Bench—if that were to be the case, but if the Bill is taken forward, we need proper safeguards to ensure proper parliamentary and democratic oversight of the way it is taken into force.

--- Later in debate ---

[Carla Lockhart (Upper Bann) (DUP)]

Today in my constituency, more than 100,000 people will gather in the small, rural village of Scarva for what is the largest parade of the year and what many believe to be the biggest one-day festival in the whole of Europe. It is a fantastic day of colour, music, pageantry and tradition—a celebration of civil and religious liberty for all. I am very sorry to miss it, but I know that those gathered there will be very supportive of what I am in this place to say about the Bill and the protocol. They would want me to reiterate that the Irish sea border must go.

It has been encouraging in recent days to hear some of those who have declared that they are standing to be our next Prime Minister state that they are committed to the Bill. Furthermore, it is welcome to hear from the new Secretary of State—I wish him well in his post—that his priority is to see a Northern Ireland Executive restored. Indeed, we share that priority.

The pathway to the restoration of a fully functioning Assembly and Executive at Stormont is through the Bill, the removal of the sea border and a return to the consensus politics that has been the trademark of our political progress to date. I therefore feel compelled to draw attention to a number of amendments in the names of—but not exclusively—the hon. Members for North Down (Stephen Farry), for Belfast South (Claire Hanna) and for Foyle (Colum Eastwood). Amendments 3 to 5 and new clause 7, which move to restrict the operation of the Bill unless it is approved by the Northern Ireland Assembly, make no mention of cross-community consent, meaning that they are clearly majoritarian in outlook.

The Committee understands that, in Northern Ireland, when one community feel ignored or marginalised or that their views are downtrodden, it brings tension and instability. It is a matter of deep regret that the parties who, for years, have preached consensus and consent now appear to want to tell Unionists that their views do not matter. “We shall overcome” has become “We shall overrule”.

The consequences of such an approach will be vast and extremely damaging. I cannot be clearer on the consequences: Stormont will not come back; community relations will further deteriorate; and the progress made on the basis of consensus will be ruined. No one with a shred of political leadership or responsibility would want that. That is why the amendments that prerequisite approval of the Northern Ireland Assembly must be rejected.

In the time remaining, I turn to the amendments that suggest that EU approval ought to be secured prior to the Government acting or the article 16 provisions being followed. Are those who have tabled such amendments aware that we have reached this point because such agreement has not been possible? The EU position is crystal clear—no renegotiation—yet Members of this House, who are elected to serve the interests of this country and its people, are handing a veto to the EU.

This Government were elected on the back of wanting to “take back control”. Any Government that would accept such amendments would be doing the reverse. It is disappointing, but the amendment paper can be seen for what it is: a wreckers’ charter—to wreck not only the Bill, but our political process in Northern Ireland. I urge the Government to reject the amendments.

[Jim Shannon]

Thank you, Dame Eleanor, for the opportunity to speak for all of a minute or thereabouts.

The Bill is not perfect in any way, but it is the Bill before us. We have to support it, because it makes us as British as England, Scotland and Wales, which at the moment we are not. I am very mindful that Northern Ireland has been the football that everybody has kicked about, so it is important for us to see a Bill coming forward that gives us a chance to make a change. All my local businesses, or 99.9% of them, say that they are disadvantaged by what is in place. The fishing fraternity in Portavogie, Ardglass and Kilkeel says the same thing about tariffs, bureaucracy and red tape, and so does the farming community.

Many hon. Members have said today, mischievously, that this is about Brexit. For us, it is about being British. I want to be as British as every Member on either side of the Committee who wants to be British, but it is more important for me to see a Bill coming forward that will make that happen. I urge right hon. and hon. Members to agree to go forward and support us in Northern Ireland, because this is the way to do it.

[Sir Robert Neill]

This has been a most useful debate. I will not press my amendment 1 to a vote tonight, because amendment 2, which is scheduled for debate on the third day of Committee proceedings, will permit the Committee to revisit the topics if matters develop.

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: 26, in page 1, line 3, at end insert—

“(za) requires Ministers of the Crown to set out a legal justification for altering the effect of the Northern Ireland Protocol in domestic law”.—(Layla Moran.)

This is a paving amendment for NC8.

Question put, That the amendment be made.

--- Later in debate ---

[Sammy Wilson]

That is the whole point, of course, which is one of the reasons why the border is placed down the Irish sea.

A second point that has been made is that these changes in the Bill will have detrimental effects on Northern Ireland and the people of Northern Ireland and that we will not be able to have access to the EU single market. Well, given the fact that the biggest market for Northern Ireland by far is the GB market, I would much prefer that we ensured that our access and the flow of goods between GB and Northern Ireland was maintained, rather than the flow of goods between Northern Ireland and the Irish Republic. But those things are not mutually exclusive anyway, because the Irish Republic relies on that trade as well.

Our farmers are an example. The Irish cheese industry—and industries involving many other dairy products—could not exist without a supply of milk from Northern Ireland. The idea that, as a result of this Bill, the EU and the Irish Government are going to say, “Let’s have a trade war with the UK” is just fantasy. They sell more goods into the UK than we sell into the EU. Are they going to harm their own manufacturers? There is an interdependency for some of those industries between Northern Ireland and the Irish Republic. Are they going to hurt that? Of course not. The idea that there will be some detriment as a result of these measures is one of those claims that cannot be proven, and logically one would believe that this would not happen.

The last point that has been made is that, if we put this Bill through, we will lose what flexibility there might be. That was another argument made in favour of these amendments. We are told that we have to have these amendments; otherwise, the EU will get angry and not negotiate with us. We are also told that the EU would be prepared to show some flexibility if there was a willingness to co-operate. As has already been pointed out, we have tried to co-operate with the EU for ages and it has not happened. As far as flexibility is concerned, there is no sign of that, even when it comes to the minutiae of dealing with the protocol. Companies in Northern Ireland that do not have stores in the Irish Republic are still subject to the same checks.

Only last week, headlines in the Belfast Telegraph indicated that a haulage company had to send back a lorryload of goods because there were vegetarian pizzas on that lorry. I never thought that vegetarian pizzas would be subject to SPS checks, but I was wrong. Milk is used to make the pizza bases, so there has to be a certificate, which has to be signed off by a vet to say that the milk is okay.

When a Spanish vet signed off the certificate, instead of writing an i as we would write it, he wrote the i as the Spanish would write it, which is apparently upside down and looks a bit like a v. When the lorry arrived in the port of Larne, the EU inspector looked at the certificate and said there was something suspect, not with the pizzas but with the form. The i was the wrong shape, so the pizzas and the rest of the load were sent back, and for what purpose? So the vet could make the i an English i, instead of a Spanish i. There are examples of this every day.

Anyone who tells me that the EU is flexible, and that this Bill will make it less flexible, ought to look at the evidence, which shows that the Bill is necessary because the problems have been apparent for two years now. There is a democratic deficit, and there are daily problems for people in Northern Ireland. My right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson), the leader of my party, quoted the Consumer Council saying that 60% of consumers in Northern Ireland now cannot buy goods from GB.

The Bill is necessary, which is why we support it and want to see it pass intact. If it does, we believe it will be the first step towards dealing with the problems caused by the ill-thought-out protocol.

[Jim Shannon]

It is a pleasure to follow my right hon. Friend the Member for East Antrim (Sammy Wilson) and to hear his words of wisdom and his facts.

I welcome the Secretary of State to his place, and it is a pleasure to see him here. I know he has a deep interest in Northern Ireland. We very much look forward to working with him.

I am pleased to see so many Members take part and take an interest in Committee. The people of the Province are incredibly anxious that last week’s Government changes do not affect the passage of this essential Bill.

The hon. Member for North Down (Stephen Farry) moved amendment 24 for the best reasons, but it reminds me of “Hotel California”:

“You can check out any time you like, but you can never leave.”

The Alliance party would have us in this forever, but we are not going to be. This time we are leaving. We are checking out and we will not be staying.

I am concerned about where we are. My party has problems with the protocol when it comes to exports and imports. Agriculture is critical to my Strangford constituency. There are some 3,500 jobs in the sector, never mind the farmers who feed into the process. Lakeland Dairies has two factories in Northern Ireland and two factories in southern Ireland. It employs people north and south, and its milk and milk powder regularly travel across the border without doing anyone any harm. It boasts the highest standards in Northern Ireland and the highest standards in the Republic, too. I am pleased the Minister is here to put the Government’s case tonight.

My concern is that Northern Ireland will, again, be used as a battering tool, which cannot be allowed to happen. I know most Members of this House, and I make it my business to be friendly to everyone. In all honesty, I look upon everyone in this House as a friend. Some are exceptional friends, but I count you all as my friends. I always seek to be supportive when I agree, and I also try to be respectful when I cannot agree. Tonight, there are some on this side of the Chamber I cannot agree with and many on the other side of the Chamber I can fully support on this occasion.

For many, the temptation exists to beat the remainer drum. Some people on this side of Chamber do that, as they cannot accept the referendum result. They cannot accept the fact that the decision was made. I see the EU as an organisation with an insatiable thirst. It is like a giant sponge. It keeps on soaking all the goodness out of all the countries. It was soaking it out of us for a number of years, and the people of this country took a decision for that not to happen.

Northern Ireland is battered and bruised from the game of political football that has taken place with us as a ball at everyone’s feet. I wish to outline some things in relation to the strikes we have had, but first I want to come at this from the point of view of my constituency, where some 99.9% of businesses are clear: they see the problems with the deal made after Brexit and the border down the Irish sea as disadvantaging them greatly. That has increased the cost of their products by at least 25% and it has reduced the number of products they are able to access. It has stopped 200 businesses being able to carry out business with businesses in my constituency in this last period. This is all down to EU intransigence and bloody-mindedness. We have the highest standards in our agricultural produce and we want to ensure that that continues.

Tension in Northern Ireland over the past year and a half has been at its highest. It has been very obvious and visual in my constituency, and across Northern Ireland. I believe that this Bill, which has won the votes so far and I hope will win them later tonight and next week, has reduced the tension. Across Northern Ireland, we can see that people see a way out of this. Again, I want to put on record my thanks to the Minister, the Government and the Prime Minister for all that.

I want to talk about some of the strikes that I referred to. I do not mean strikes as in people not working; I mean strikes that people have tried to make, be it like a bat hitting a ball or a ball hitting a bat. It was stated that there would be no Irish sea border, but there clearly is one. That is why this Bill is so important. Checks on products in the Irish sea does not affect the Good Friday agreement, but checks on land borders would. Thousands of people attending rallies has proven the threat felt by one community, the Unionist community, the one that we represent. I also represent many people who do not necessarily vote Unionist, but they have also been restricted by the problems with the Northern Ireland protocol and the border down the sea prevents them from having the lifestyle and access to products that they once had. The Unionist community feel under threat, and it is not acceptable to ignore that and behave as if all is rosy in a garden filled with kindling wood and matches.

It is stated that the checks are just an extra bit of paperwork, but for my constituents they are lot more than that. Businesses are thousands of forms behind, and mainland businesses have stopped trading in Northern Ireland due to the hassle, meaning that suppliers ordering from China, India and any other nations are paying substantially more for the same products than Members in this Chamber. The prices that my constituents and those across Northern Ireland are paying are at least 25% higher in Northern Ireland than in any other large-scale supermarket. So for us in Northern Ireland the Bill is critical and vital, and it has to go through as it is, untouched.

I want to ask the Minister about those who have been involved in the bureaucracy, red tape and paperwork—the thousands of pages of paperwork for one item. Whenever the Bill progresses and is successful here, can those who have outstanding paperwork still to be processed disregard that? It is also stated that filling out a form to buy something should not make someone less British. That one still sticks in my throat. I look forward to seeing how people in North Dorset, for example, feel when they fill out a customs form to bring home their shopping from London. I know that is a bit absurd but it perhaps illustrates how we feel in Northern Ireland at this moment in time. The fact that someone is treating you as a third country does make you less British. That is very simple, very true and very much ignored by people who are in positions to know better.

The last period of time has been about not just the attitude to where Northern Ireland is as regards the border down the Irish sea, but the attitude of international delegations that have come and called us “planters”—they called us many things, probably worse names, but that comment was from people in the States who fundraised actively for IRA-Sinn Féin to plant bombs—along with a veiled threat from a President who refers to us as “Brits” in a derogatory manner, and we all know who that is: Sleepy Joe. That was another difficult direction to navigate, yet Unionists are expected to say nothing about the Good Friday agreement.

I am very proud of being British, and I take it as a great slight when the President of the United States or anyone else thinks that British is less. I am proud to be British. I am proud to have served in uniform for Queen and country. I am proud of the blood that runs through my bones and body, which is as British as that of anybody in this Chamber. Others may not be as British as me, of course, but they have a right not be as British.

[Colum Eastwood]

Maybe I misheard the hon. Gentleman, but I think he referred to Congressman Richie Neal, who chairs the Ways and Means Committee in the United States—somebody who would be very important in the discussion around a trade agreement between the United Kingdom and the United States. I just want to clear up this point, because it is important to get it on the record: was the hon. Gentleman stating that Congressman Neal was raising money for people to be bombed in Ireland? That sounded very much like what he said, and it is absolutely outrageous if that is what he said. Richie Neal has been a very strong advocate for and supporter of the peace process in Capitol Hill.

[Jim Shannon]

If I had known the hon. Gentleman was going to say that, I would not have let him intervene. I never said that. [Interruption.] No, I did not say that. I said that international delegations come and call us “planters”, and then I referred to others who fundraised actively for IRA-Sinn Féin to plant bombs. That is those who are supporters of Sinn Féin in America; they fundraise to raise a great deal of money.

[The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)]

Order. Could we please just focus on the amendments? We do not want a wider debate.

[Jim Shannon]

The debate was not widened by me; it was widened by somebody else.

Let me be clear: I voted against that agreement, but I listened to its proponents tell us that it protected Unionism. One of those proponents—David Trimble, who sits in the other place—well understands the issue and has outlined how the Northern Ireland protocol has adversely impacted the Good Friday agreement, but we are asked to sit in silence when our economy, our buying power and our very identity is decimated by the protocol.

The hon. Member for Gordon (Richard Thomson) had the opportunity to visit my constituency and understands the importance of fishing there. The Anglo-North Irish Fish Producers Organisation and the Irish Fish Producers Organisation are clear that the Bill will do away with the tariffs and red tape. How can it be right for a fishing boat to leave Portavogie, Ardglass or Kilkeel, get out of the harbour and get 2 miles off the shore, and pay a tariff on anything it brings back? The Bill will stop that. For those in Portavogie in my constituency of Strangford, and for those in Ardglass, Kilkeel and other places, I look forward to the days whenever we can grow our fishing sector, and create more jobs, opportunities and prosperity.

As the House discusses this legislation to begin the process to rectify the gross betrayal of Northern Ireland to get Brexit done, I ask Members please to remember the truths of where we are. I understand that there are those who did not want the referendum result. I understand that some want to remain tied to the EU. I understand the threats that are coming from Europe and latterly from the US. But the question is easy: are we a part of the United Kingdom of Great Britain and Northern Ireland? If so, the protocol must go. The Bill does not satisfy all that I want to see, but it does begin the journey. I am asking the Committee to travel with us, not against us: to call time on the kicking we have gotten as a political football between the EU and the UK. The EU has not negotiated common sense after 300 hours of discussions; it was never going to, or it would have happened already.

The reason we are here today is the Northern Ireland Protocol Bill, which was put forward by the Government and which my party fully supports. We need to make the changes. It is time to legislate this common sense to allow us all to move on together. The quicker that happens, the better. The people of Strangford want it and I want it, being British. I think all the people of Northern Ireland here are British, but even those who are not want it as well.

[The Financial Secretary to the Treasury (Lucy Frazer)]

I wish to begin by thanking all Members who took part in the debate on Second Reading as well as in the debate in Committee that preceded this one. As we progress to the second day of the Committee stage, I want to reiterate some of the key points that go to the heart of why the Government have introduced this Bill.

The Northern Ireland protocol was agreed with the best of intentions. However, as the right hon. Member for East Antrim (Sammy Wilson) has passionately set out, reinforced by the hon. Member for Strangford (Jim Shannon), unfortunately it is causing real tensions and problems for the businesses and people of Northern Ireland, including trade disruption and diversion, costs and bureaucracy. This legislation will fix the practical problems that the protocol has created in Northern Ireland. It will enable us to avoid a hard border, protect the integrity of the UK and safeguard the EU single market.

Let me address the clauses in turn. The Government’s intention is to introduce a new and different regime, including a green lane for goods remaining in the UK and a red lane for those destined for the EU. Clause 4 will allow the UK Government to implement such a regime for goods remaining in the UK and entering Northern Ireland. The clause, therefore, disapplies in domestic law certain EU law requirements and, with clauses 5 and 6, provides the powers for Government to remove many of the burdens currently placed on businesses by the extensive customs and regulatory processes that are required under the existing Northern Ireland protocol.

Clause 4 also defines “qualifying movements” that will be able to enter our proposed green lane. The subsections remove current burdensome processes for prescribed qualifying movements of UK or non-EU destined goods, and there is a power to define UK or non-EU destined goods. Clause 4 is central to our intention to rationalise the processes for goods moving into Northern Ireland. We have been clear that we do not believe it is appropriate to continue to require full customs and regulatory processes when goods are not even destined for the EU. This clause is part of what will allow us to put in place a more sensible and proportionate regime.

Our green lane and red lane proposals will form the basis of that regime. Engagement with businesses on the detail of the regime is already under way. We know that it is important that we listen carefully. It is the powers in clauses 4, 5 and 6 that will allow us to put it in place.