Northern Ireland Budget (No. 2) Bill

Jim Shannon Excerpts

Committee of the whole House
Monday 4th September 2023 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

Thank you, Mr Speaker. It is good to see that you and I are the Duracell batteries of Westminster; we keep going when others are starting to lag.

What a pleasure it is to speak on this issue today. Yet again, I come to the House to ask for fairness and equitable treatment for Northern Ireland. I ask for it to be treated and funded the way that Wales is, for the sake of my constituents and all other constituents in Northern Ireland. I ask for our schools to be able to pay for their teachers’ pay rise and for toiletries in school facilities. I ask for a budget that can address the waiting list for hip replacements, and for vital roadworks to be carried out, to provide the bare minimum standard of infrastructure and connectivity. I ask the Secretary of State respectfully to advocate working with us and for the betterment of everyone in Northern Ireland. I believe we can do that together if we all commit to that process.

The people of Ballynahinch and the surrounding areas in my constituency of Strangford have been waiting my entire tenure—I have been an MP since 2010—and long before that for the promised Ballynahinch bypass, which has been deferred yet again. Along with my MLA colleagues Michelle McIlveen and Harry Harvey, I hope to meet the Department for Infrastructure on 6 October to discuss that very issue. It has been on the books for 45 years. And should the hon. Member for South Down (Chris Hazzard) ever decide to take his seat in this place and do his job here, he would be advocating for the same thing: for the funding to be allocated for this vital piece of work. Not to be blunt, but any claim that work can be carried out in whatever way the Department sees fit does not cut it when the current budget does not cover the cost for roads to be resurfaced, never mind major capital projects. Let us be truthful here: the budget allocation for roads is inadequate.

On a slightly more positive note, I highlight Ardglass harbour as a Northern Ireland fishing industry success story. However, the fact is that if we are to build on that success and accommodate the next generation of fishing boats, the harbour needs to be deepened. Kilkeel is also well placed to be a hub for the offshore energy industry. Investment there will see Northern Ireland capitalise on our growing blue economy. The fishing and seafood development programme of the Department of Agriculture, Environment and Rural Affairs recommends investment in all three harbours, and that takes funding. I am delighted to report that funding has been secured for both an enhanced training centre and an improved slipway in Portavogie in my constituency of Strangford. We can build on that and do more. We should have aspirations to grow a powerhouse of a blue economy. Portavogie, Ardglass and Kilkeel give us the building blocks, and the FSDP recommendations give us the tools. What we now need is to add a further budget that has the appetite and ambition to match that of our coastal communities, and that empowers them to meet the next generation of opportunities in the Irish sea and beyond.

We need funding for schools to deal with the substantial rise in special needs assessment and support. The hon. Member for North Down (Stephen Farry) referred to that and he is absolutely right. Every one of us in this House knows that special needs education is under incredible pressure. Funding is needed to create sensory rooms, whose enhancements will give children the opportunity to excel. I have met them in many of the schools in my constituency, and I recognise that that is something we should all sign up to. I sign up to the vision for schools that is operating on the mainland, but I would like our children to be treated the same way as children here and to have the same options. That is not the case because while spending per head is more, so is cost and so is need.

Policies that impact on how our children are taught about religion and sexual issues should not be implemented without a mechanism and space to consult boards of governors or without the opportunity to implement normal practices. Let me be clear: parents and teachers do not consent or comply, and that will be made clear in the days to come. There was a rally where a large group of people came together with some of their elected representatives to make that point.

I conclude with this, because I am very conscious of the long hour. I say this to the Secretary of State and the Minister of State: please, in the interest of fairness and equity, work with us to make changes to the framework that allow us to do what we want to do, which is to take our seats and for our colleagues to be in a working Assembly, with a fit-for-purpose budget and changes in place. That is not only in our hands; it is in the hands of the Government, the Secretary of State, the Minister of State, the Brexit Minister and the Prime Minister. Do the right thing and start to take that action, so we can move forward together in a positive fashion.

[Mr Speaker]

I call the Minister.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Jim Shannon Excerpts

Consideration of Lords amendments
Tuesday 18th July 2023 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

The Secretary of State mentioned the issue of all the victims. The justice that many victims want is quite clear to me and to others on the Opposition side of the Chamber. I think my hon. Friend the Member for East Londonderry (Mr Campbell) has said that even if there was only a candle of light of a possibility for justice some day, we would all want to see that—I want to see that for all the people I know. The Secretary of State will remember how, last time we spoke on this, I named every one of those people who we really feel justice is not there for. Whenever he talks about justice for all, I do not see it, and my people do not see it. Where is it?

[Chris Heaton-Harris]

It is contained within the Bill and within the independence of the commission, which will be able to conduct criminal investigations when the families ask it to do so. I have met numerous families in my time as Secretary of State for Northern Ireland, and there is a complete range of views as to what people want when it comes to seeking information about what happened to their loved ones. I know, as I mentioned at the top of my speech, that the Bill will not satisfy everybody. However, lots of time has passed—the hon. Gentleman will know that better than most—and there is now a dwindling opportunity for investigations leading to criminal prosecutions. People do need to have information, if it can possibly be found.

[Jim Shannon]

Fifty-one years ago, my cousin Kenneth Smyth was murdered—[Interruption.] Kenneth Smyth was murdered. His friend Daniel McCormick, a Roman Catholic, was also murdered. Fifty-one years later, there is no justice for my family and no justice for Daniel McCormick’s family. And there is no justice for the four Ulster Defence Regiment men murdered in Ballydugan, or for the young lad Stuart Montgomery, also murdered. Our pain is still here; our pain is still raw. Our people grieve; my constituents grieve. The Secretary of State says that they will have justice, but we cannot see justice.

The people who killed my cousin—three of them—ran across the border and got sanctuary in the Republic of Ireland. Two of them are dead and one is still living. There was no justice. Nine people were involved in the murder of those four UDR men, and one of them is dead today—it was in the paper this week—Colum Marks, an IRA commander. He is in hell, burning—the best place for him. Where is the justice for my family and for my constituents? I do not see it. The Secretary of State says we are going to have it. No, we are not. I do not see it at all.

[Chris Heaton-Harris]

First, I completely recognise the emotion with which the hon. Gentleman has expressed his views. He knows that I have met a huge number of people who have reflected with passion on the people they have lost. I cannot put myself in the hon. Gentleman’s shoes—I would not try to—and nor can I right the wrongs of something that happened 51 years ago. The hon. Gentleman’s family have gone without justice or much information for 51 years. He knows that, unlike him, there are families across the piece, some of whom are his constituents, who have not had any information about the circumstances in which they lost loved ones during the course of the troubles.

This Bill is definitely not perfect. But after 51 years, should people choose to use the powers of the independent commission in this legislation, they might just able to get some information that allows them to remember their loved ones in the appropriate way. My heart goes out to the hon. Gentleman. I know that this is an imperfect Bill for him, but it might just work for some others. This piece of legislation is a difficult balancing act.

I was talking about Lords amendment 20, which raises a number of important issues that have been addressed by Government amendments tabled in the other place and for Commons consideration. We cannot accept any amendment that seeks to make every review a criminal investigation. The legislation rightly ensures that the independent commission, via the commissioner for investigations, has the flexibility to determine if and when it is appropriate to utilise police powers during the course of its review.

A one-size-fits-all approach requiring criminal investigation in all cases would remove such flexibility and significantly increase the likely time to complete reviews, further delaying the provision of information for many families. I point to a case raised with me in oral questions only a few weeks ago by my hon. Friend the Member for Wrexham (Sarah Atherton), should anyone not believe that such investigation is useful. Further, in cases where the investigative duty under article 2 or 3 of the convention applies, a criminal investigation may not be sufficient means of discharging that duty. That is because there may have been failings by the state that contributed to a death, but which were not themselves criminal in nature.

Lords amendment 20 also seeks to introduce a reference to compliance with the European convention on human rights. As a public authority, for the purposes of section 6 of the Human Rights Act 1998, the ICRIR and its commissioners are required to be compatible with convention rights within the meaning of the Act when exercising their functions under the Bill. Government Lords amendments 19 and 22 expressly confirm that the commissioner for investigations must comply with obligations imposed by the Human Rights Act when exercising operational control over the conduct of reviews and others functions,.

Lords amendment 20 references gathering as much information as possible and exploring all evidential opportunities. The commissioner for investigations is required to ensure not only that a review is carried out when a valid request is received, but that each review looks into all the circumstances of the death or incident -in question, including but not limited to criminal activity. Furthermore, as I set out, Lords amendment 49 will place the commission under a positive duty to take reasonable steps to secure information for that assessment.

To strengthen further our commitment around the conducting of reviews, I have tabled amendments in lieu of Lords amendment 20, which seek to clarify that the duties of the commissioner for investigations when looking into the circumstances of a death or serious injury apply regardless of whether a criminal investigation forms part of the review. They also place a duty on the chief commissioner to provide, where possible, answers to questions posed as part of a request for a review.

--- Later in debate ---

[Carla Lockhart]

My right hon. Friend makes such a valid point on the impact the Bill will have on young people and their outlook on these issues. It is unacceptable and does not sit well in our society. Victims in Northern Ireland have already suffered and have to endure the fact that, because of the Belfast agreement, they can meet the perpetrators of some of these acts walking down the street or in the supermarket. They live with the continual flaunting and glorification of terrorism by someone who claims to be the First Minister for all and who has said there was no alternative. Indeed, the Member for Belfast North (John Finucane)—a Member of this House—recently showed his true colours in that regard as well. In the face of all the sickening actions, the taunting and the re-traumatising, I applaud the fortitude, dedication and determination of innocent victims to fight for such basic concepts as truth and justice. Sadly, those concepts are lost in the Bill.

The other place has sought to make this imperfect Bill less imperfect. I welcome some of the amendments. It is of deep regret that the Government propose to disagree with Lords amendment 44 in relation to immunity. The amendment would have removed from the Bill provisions allowing immunity from trouble-related crimes, which the Democratic Unionist party, and I believe the majority of people in Northern Ireland, support. In my discussions about the Bill with victims’ groups in recent months, I have heard how immunity is what causes the most grievous hurt. Why? It is because it closes the door, erodes victims’ access to redress and draws a moral—or should I say immoral—equivalence between blood-thirsty terrorists and public servants. Quite frankly, it weakens our entire criminal justice system throughout the world. I find it most remarkable that the Government should endorse such a move. The decision is repugnant not just for its perversion of justice, which we in the UK claim to value, but for the trauma and hurt that it inflicts on innocent victims.

I turn to the motion to disagree with Lords amendment 20. Every family deserves the ultimate hope of a full and fair investigation into the circumstances of a loved one’s death. Such an investigation should be subject to the highest standards. The amendment would have established minimum criminal justice standards for a review along the lines of Operation Kenova following expressed fears of watered-down investigations. The commissioner should be under a duty to ensure that an article 2-compliant investigation either has been carried out or will be carried out. Is that too much to ask? It is difficult to come to any conclusions other than that the commissioner for investigations will be able only to comply with obligations imposed by the Human Rights Act 1998 to the extent dictated by the authority and resources granted to that office holder under the Act. The restriction of criminal enforcement actions is such that even if the independent commission for reconciliation and information recovery refers all conduct to the Public Prosecution Service, much of that material will be admissible. Compliance with fundamental rights needs to be a cross-cutting safeguard in how troubles cases are dealt with. Irrespective of whether an investigation is at least partially the granting of immunity to perpetrators, its value is diminished.

The Government, by erasing the other place’s amendment to the Bill, simply fail to acknowledge the rights of victims in terms of the standards of an investigation. However, that is only one part of the jigsaw. For victims, it is equally important to have their day in court and the prospect of conviction and custodial sentences to grant some form of closure as it is to have a proper investigation. The Bill fails in those respects.

The Government’s objection to Lords amendment 20 will remove the requirement for a Kenova-standard investigation from the Bill. The Government, through their amendment, seem to want to provide an assurance, irrespective of whether a commissioner decides a criminal investigation is to take place as part of a review, that all the circumstances of a death, including potential offences, will be looked into. I am sorry, but there would appear to be a huge gulf between carrying out a historical investigation that gathers and explores as much information as possible in relation to a death or harmful conduct and the Government’s suggestion simply to look into that.

We oppose the Bill because we believe in justice and in holding fast to hope for those who paid the biggest price for our troubled past. The Bill will lead not to reconciliation but to greater distress, distrust and disillusionment among victims that they matter to this Government. We stand with those victims.

[Jim Shannon]

I am pleased to speak in this debate and to put forward the desires of the people of Strangford in this place, and also my own family. [Interruption.] Sometimes when you are at the end your emotions get you, and they have got me today. Fifty years ago, my cousin was murdered. He was the light of our family, a good man with a good heart who loved his family and his community. My aunt was robbed of the opportunity to see him have the joy of his own children and grandchildren, and I was robbed of my childhood hero and friend. [Interruption.] The perpetrators were never brought to justice—all three of them.

[Mr Deputy Speaker (Sir Roger Gale)]

Order. I invite the hon. Gentleman to have a glass of water and compose himself. When you are ready, Mr Shannon.

[Jim Shannon]

Kenneth took us shooting when we were small. I remember him well; he instilled a love of the countryside in me. I named my first son Jamie Kenneth after him. Jamie is 35 years old, and he has that same love of the countryside. My cousin Kenneth lives through him. Three people were responsible for his murder. Two of them are dead. One of them was never made accountable. Where is the justice for Kenneth and our family?

Where is the justice for Lexie Cummings, murdered by the IRA in Strabane? His murderer escaped across the border, a prominent member of Sinn Féin and a former mayor of a council in Donegal. Where is the justice for the four UDR men murdered in Ballydugan—John Birch, Michael Adams, Steven Smart and John Bradley? I knew three of those boys—lovely young boys who loved their country and their families. Where is the justice for those four young men? Where is the justice for Louis Robinson, a detective kidnapped at the border at South Armagh, tortured, beaten up and murdered by the IRA? No one was ever made accountable. There is no justice for Louis Robinson and his family.

[Paul Girvan (South Antrim) (DUP)]

My hon. Friend has just highlighted a number of individuals who potentially will never see justice. If the Bill goes through, the perpetrators can go out and glorify some of the actions they have been involved in. Unfortunately, this is a process of rewriting history.

[Jim Shannon]

When I think of my cousin Kenneth Smyth, I think of Daniel McCormick, a Roman Catholic. They were best friends and both served in the UDR, but Daniel left. He was murdered by the IRA. No one was ever made accountable. Stuart Montgomery was a young boy of 18 years old who joined the RUC. His daddy was so proud of him. He went to Pomeroy—three weeks in uniform—and was blown up by the IRA. No one was ever made accountable. Where is the justice for Stuart Montgomery and his family?

Where is the justice for Winston Donnell, the first UDR man murdered by the IRA up in County Tyrone? No one was ever made accountable. They left his family with broken hearts, bereft of a son. Where is the justice for Raymond McCord? Every one of us here knows Raymond. He will be watching on TV. His son was murdered by the UVF. Where is the justice for Raymond McCord? I mention all those people because I think it is important that we have them on the record. Senator Barnhill was murdered by the IRA in County Tyrone on the same day as my cousin Kenneth and Daniel McCormick. Again, where is the justice? I have named some of the people involved over the period of time. Those investigations and that quest for justice—we do not see it.

Northern Ireland Budget (No. 2) Bill

Jim Shannon Excerpts

2nd reading
Monday 10th July 2023 Commons Chamber

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

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

In doing so, I once again speak with a strong sense of disappointment. At multiple junctures since becoming Secretary of State last year, I have stood at this Dispatch Box when realistically I should not have been doing so. That sentiment very much applies today, because I believe these decisions should be taken by locally elected politicians.

The Government have brought forward this Bill because the Northern Ireland parties have been unable to form an Executive and subsequently set a budget for this financial year. The Government have therefore been compelled to step in again and set another budget. I set out the headline departmental budget allocations via a written ministerial statement to Parliament on 27 April this year, and this Bill puts those allocations on a statutory footing. We have also published more detailed information in respect of each of the Northern Ireland Departments’ spending plans through the main estimates, which I laid as a Command Paper on 3 July.

Today’s debate is only the Second Reading of this legislation, with the remaining stages due to take place after the summer recess. The summer therefore presents an opportunity for the Northern Ireland parties to come together as a restored Executive and take their own budget legislation through the Assembly, making the remaining stages of the Bill in this place superfluous.

It is no secret that the pressures on Northern Ireland’s public finances are acute. As with the 2022-23 budget, setting this budget was not an easy task, but it was necessary to deliver a balanced budget and provide the Northern Ireland Departments with budget clarity to help get their spending under control. As far as possible, we have aimed to protect frontline public services. In recognition of the pressure on the health service, over half of the total budget is to be spent on health.

Of course, these pressures on Northern Ireland’s finances did not appear overnight. Successive former Executives have failed to make the strategic decisions required to put the public finances on a sustainable footing and make public services affordable. The unsustainability of Northern Ireland’s finances cannot continue. It is fundamentally the responsibility of the Northern Ireland Executive to run a balanced budget, and until they do, the outcomes for citizens will not improve. That is why the Government stand ready to work with a restored Executive on budget sustainability, including the implementation of revenue-raising measures.

[Jim Shannon (Strangford) (DUP)]

Very quickly, in relation to the budget, my hon. Friend the Member for Belfast East (Gavin Robinson) has always referred to the time for the Barnett consequentials to be looked at, and the population of Northern Ireland is up some 200,000 in 10 years, and 100,000 in five years. Does the Secretary of State not agree that it is time to look at the whole budget for Northern Ireland because of the extra population increase and the diverse community we now have? There has to be money in place, but that money has to reflect the demands of our population in Northern Ireland.

[Chris Heaton-Harris]

I thank the hon. Gentleman for his point, and we could consider introducing a needs-based factor into the Barnett formula for Northern Ireland—it would be a similar mechanism to that implemented in Wales—to put Northern Ireland’s public finances on a more sustainable footing. However, the absence of a functioning Executive has an impact on what can be done to address the systemic issues that Northern Ireland faces. Locally accountable leadership is urgently required to ensure that Northern Ireland has a stable and flourishing economy, and to advocate for reform of Northern Ireland’s public finances. To completely answer the hon. Gentleman’s point, negotiations between the Welsh Government and the Treasury on a fiscal framework and Barnett formula adjustments took over seven years. This is not an issue that could be solved overnight, even with the best will in the world.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

May I say what a pleasure it is to speak in this debate? I am pleased to follow the right hon. and hon. Members who have already contributed. My colleagues have clearly set out the case so far: there is a problem with the Northern Ireland budget. With respect, the Secretary of State, assisting those who wish to force the DUP—the hon. Member for Foyle (Colum Eastwood) referred to this and the tactics of pushing the DUP—towards an unfit regional government, seeks to blame the lack of an Assembly on the difficulties facing Northern Ireland. However, the facts as outlined by my colleagues are abundantly clear: the Government are underfunding Northern Ireland.

We are committed to making the Northern Ireland Assembly work. That is not in any doubt; but what we are also committed to is making sure that we address the Windsor agreement and the Stormont brake, which sidelines Unionists. Hon. Members should not just take my word for that; they should listen to Bertie Ahern, who has indicated that we cannot sideline Unionists when it comes to finding an agreement, and Tony Blair, who has said likewise. If we want an agreement that moves forward, do not ignore Unionism; make Unionists part of the agreement. It seems logical to do that, but sometimes that seems to get lost.

I am a very straightforward man, and I always try to be honest and forthright in my dealings. I am someone who believes in speaking the truth. I try to biblically speak the truth in love, and sometimes I fail in that, because I am a human being, and that makes me fallible. Today is going to be another stretch, because the absolutely unfair treatment of Northern Ireland by this Government is difficult to remain calm about. Some examples of that would include how hard it is for a family in my constituency to look at their 66-year-old father, who should be looking forward to retirement but is crippled, awaiting a hip replacement for the last six years. His health is getting worse, and there is still no hip replacement for that gentleman, and there are many like him.

It is hard to look at the 41-year-old cancer sufferer who, because of funding concerns, is waiting to hear if her treatment plan will be passed, and even more difficult to look at her three young children, who do not understand that their mother’s treatment comes with a price tag—the hon. Member for Hackney South and Shoreditch (Dame Meg Hillier) referred to the financial issues and how they affect the Northern Ireland budget. It is hard to speak with young families who know that their child needs additional help to achieve their educational and vocational potential, and yet there is no funding for a classroom assistant to keep their child in mainstream education, or for their child to move to a special ability school.

We have energetic, hard-working and committed community groups, who do so much in my constituency of Strangford—and indeed in everybody’s constituency, to be fair. It is hard to see tremendous community programmes, which are making a difference in communities, torn apart by the troubles in Northern Ireland. We have had some focus on paramilitary activity in my constituency and that of the hon. Member for North Down (Stephen Farry) over the last period of time, so we know only too well what is happening. Those community groups are closing their doors, as funding stops.

It is hard to look at all this and know that my own Government understand it, yet are unwilling to do the right thing—the thing that they have rightly done by my Welsh counterparts and their constituents. It is hard to know that constituents in Wrexham and Glamorgan have their needs recognised through the Holtham formula, yet Strangford residents are second class. As has been made abundantly clear, the formula is a UK formula, and the UK Government have accepted it as such. If they rejected it now for Northern Ireland, they would have to reject it for Wales. Yet here we are, with an underfunded budget and a Northern Ireland Office that blames the DUP for this issue. The budget is set in this House, as is clear from today’s proceedings, and that budget is unacceptable, as many speakers—indeed, all of them—have established.

Forgive me if I am repeating what others have said, but the penny does not seem to have dropped in some quarters. Let me be clear, when the argument is made that the only way to sort out the Barnett formula is by returning to Stormont, that will not help by itself, because the funding problem is still there and still real. My hon. Friend the Member for Belfast East (Gavin Robinson) outlined the disparity in the Barnett formula, and indeed the Holtham formula. Wales had what should have been the hardest battle. It was the first country to be damaged by Barnett, and the Government knew that logically, in accepting the Holtham formula for Wales, they must also do so for Northern Ireland and Scotland. That is the argument of my hon. Friend the Member for Belfast East and my right hon. Friend the Member for East Antrim (Sammy Wilson), and it is my argument as well. Wales won the argument, and it necessarily won it for the rest of the Union. Going forward, it matters not who makes the point, because the Government have accepted the Holtham definition of need.

As my right hon. Friend said, if 0.7% of that was made available, there would be £322 million of extra money for the Province. Let us think what could be done with that in all our constituencies. Education in my constituency of Strangford could be greatly helped. We have been waiting for the college in Glastry for some time—the price is about £14 million, and the land has been set aside and already purchased by the education authority. That could be built if that £322 million was available. The schools across Strangford could have a wage increase for their teachers and their classroom assistants. Primary schools could have the renovations and repairs they need. West Winds primary school comes to mind as just one of those that has been waiting for some time to get necessary renovations and repairs.

When it comes to roads, I make this point honestly and clearly, with no disrespect to the manager of the road service in Newtownards, whose budget has not increased by the amount that it should have. There are roads across Ards that need urgent resurfacing but that cannot be carried out. If the £322 million mentioned in the briefing provided by the Northern Ireland Office was available, Mark Street, Mill Street, Beverley Heights and Beverley Road could be resurfaced, for example, and that money could make a difference.

I continue to represent the interests of the fishing fleet at Portavogie to the council and the Northern Ireland Assembly. The boats in that fleet are, on average, 40 years old. They are not energy efficient, although they could be. Grants could make the boats energy efficient or help the fishermen buy new boats, which seems to be happening in Scotland and parts of England and Wales. Again, that £322 million could make that difference.

I am minded to think about the police. I am a great believer in community policing, which is under pressure. I know the right hon. Member for Chipping Barnet (Theresa Villiers) will be introducing an Adjournment debate and referring to the importance of police stations. In my constituency and across Northern Ireland, the role of community police is critical. They are the eyes and ears of the police. They can make policing better and improve the methods that the workforce uses. When I look at what could make a difference to my constituency of Strangford, and the whole of Northern Ireland, I am clear that that £322 million that we should be getting, but are not, would make a difference and make lives better.

Facts are clear, and I will conclude with that point as I am conscious of the time you have given, Mr Deputy Speaker. The truth has been spoken and now we are looking for our Government to simply do the right thing by my Strangford constituents, as has been done in every other constituency. Stop punishing the elderly, the ill and our children, and do what has been done in the rest of this United Kingdom. Meet the needs of Northern Ireland as an integral part of this United Kingdom, as it is clear we still are. Actions mean more than words: speak clearly and plainly today. I look to the Minister for his response. On behalf of my constituents in Strangford, and those in the whole of Northern Ireland, speaking clearly and plainly today is my ask of the Northern Ireland Office.

Oral Answers to Questions

Jim Shannon Excerpts

Wednesday 21st June 2023 Commons Chamber

[Chris Heaton-Harris]

My hon. Friend raises a critical point and I would be delighted to meet her to talk about it. As I said earlier, many families across Northern Ireland and Great Britain still do not have the answers they require about the acts of serious harm committed in the troubles. The system has not worked as it is, which is why we need to pass the Bill and establish the ICRIR as soon as possible.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for that answer. When it comes to recognising the need for reconciliation and information recovery, it can never, ever be a substitute for victims’ access to justice. Will he confirm that innocent victims will always be a priority for the Northern Ireland Office and this Government?

[Chris Heaton-Harris]

I can do that, 100%. The hon. Gentleman is completely right.

Belfast/Good Friday Agreement: 25th Anniversary

Jim Shannon Excerpts

Thursday 30th March 2023 Commons Chamber

[Chris Heaton-Harris]

Yes, I will. Further into my speech, I might well mention just one or two of the remarkable women who have done exactly as the Chairman of the Select Committee on Northern Ireland Affairs says.

The fact that Northern Ireland now has a locally accountable police force demonstrates the huge progress that Northern Ireland has made. However, events such as the abhorrent shooting of DCI John Caldwell illustrate a point that hon. Members have already raised in interventions: that the peace that Northern Ireland now enjoys and that we have all worked so hard for cannot and must not be taken for granted. Yesterday, I made the announcement that the Northern Ireland-related terrorism threat level has been increased by MI5 from substantial to severe. Coming ahead of the agreement’s 25th anniversary, that news is particularly disappointing. However, it does not detract from the fact that Northern Ireland remains markedly more peaceful and reconciled than it was in 1998. That is a testament to the people of Northern Ireland, as well as to the PSNI and the security services that do so much to keep us all safe.

[Jim Shannon (Strangford) (DUP)]

May I put on the record my thanks to the Secretary of State for what he says about the PSNI? In the past two weeks, my constituency and that of the hon. Member for North Down (Stephen Farry) have been subjected to a lot of violence, including attacks on houses, discrimination and the intimidation of people who have had to move out. It is only a matter of time before that level of violence spills over into injury or death. The PSNI are the people in the middle who are keeping us safe. Our special thanks should go to the officer in charge of our area, Superintendent Johnston McDowell, and to all his police officers, who are doing a grand job of policing to the best of their ability. We should all be supporting them, because they are the people who are filling the gap.

[Chris Heaton-Harris]

The hon. Gentleman is absolutely right; I completely concur with his statement. We should also pay tribute to Chief Constable Simon Byrne, who has introduced community policing across Northern Ireland. Community policing is something that we are all used to in England, Scotland and Wales, but it is a different way of policing—a better way of policing—in Northern Ireland, and it is definitely helping across all communities. I completely agree with the hon. Gentleman’s words and would add to them.

As we approach the agreement’s anniversary, we must acknowledge that there is more to be done to realise other aspects of the agreement’s ambition for a society that is reconciled with the past and able to look to the future. We must never let the progress that we have seen allow us to be complacent about the challenges of the future. We are investing in the development of integrated education so that more children can be educated together. We look forward, rather than back to a divided past.

It is also our duty to tell the agreement’s story so that the next generation may appreciate Northern Ireland’s remarkable journey and build a more prosperous future. That is why, as part of our programme to mark the anniversary, we have launched the first phase of a pioneering educational package. The package has been developed by the National Archives for parents and teachers across the United Kingdom to use in assemblies and the classroom, thereby enabling this vital story to be told.

I would like to acknowledge the contribution that Members across this House, Members of the other place and those elsewhere made to the journey to the Belfast/Good Friday agreement 25 years ago and have made to Northern Ireland. No single party, Government, individual or organisation owned the journey to that agreement or owns the journey of Northern Ireland since. From the famous speech by the then Secretary of State for Northern Ireland, Peter Brooke, in November 1990 that announced that the United Kingdom had

“no selfish strategic or economic interest in Northern Ireland”,

to the 1993 Downing Street declaration between John Major and Albert Reynolds that provided a pathway to a negotiated settlement on the basis of the principle of consent, it is clear that the agreement was unlocked through the achievement, bravery and dedication of a great many people in politics, public life, religion, civil society and community over many, many years.

Last week I was privileged, along with other Members, to attend a reception at Speaker’s House where I met three inspirational Members of the Youth Parliament in Northern Ireland: Izzy Fitzpatrick, Ryan Kearney and Lauren Bond. I think that all who heard Lauren will agree that she made a barnstorming speech. She spoke powerfully about her future in her nation and, notably, about the forgotten role of women in the peace process, which was mentioned by my hon. Friend the Member for North Dorset (Simon Hoare). I hope I can begin to put that right today.

From one of my predecessors as Northern Ireland Secretary, Mo Mowlam, who enabled the Tony Blair Government to secure the Belfast agreement in April 1998 through an unrelenting bravery, a disarming personal touch and an unstoppable belief in the potential of peace, to the Women’s Coalition and people such as Monica McWilliams—a signatory to the multi-party agreement—women played a pioneering role, and rightly insisted that their voices be heard in the peace process. Pat Hume, a consummate diplomat, endured risks and threats to get people talking, and established warm relations with families of Unionist politicians, including Daphne Trimble, who later served in the two human rights bodies created by the Belfast/Good Friday agreement. It is clear that the full story of the agreement cannot be told without acknowledging the contributions of those and other brave and visionary women.

As we approach the 25th anniversary of that agreement, I am also aware that we will do so without some of its other architects—not least Lord Trimble, the leader of the Ulster Unionist party and the first of Northern Ireland’s First Ministers, and John Hume, the long-time advocate of civil rights through dialogue, campaigning and peaceful protest, alongside whom I had the pleasure of serving for five years in the European Parliament. They succeeded not just because they worked tirelessly, but because they took risks. In the face of opposition and, at times, threats, they pursued their vision of what they thought Northern Ireland could be. Northern Ireland is poorer without their leadership, but they serve as examples to generations of political leaders now and to come of what politics can do.

Others, too, took risks along the way to secure the gains of the past 25 years. The leadership of Sinn Féin, particularly Gerry Adams and Martin McGuinness, persuaded republicanism that its future lay in the ballot box, and in 2007 the late Reverend Ian Paisley—with whom, again, I served for five years in the European Parliament —led his party into power sharing. I note the contribution of Lord Alderdice—whose party provided a powerful voice for those who were not part of either of Northern Ireland’s two traditions—to the securing of widespread engagement with the peace process; and, obviously, we recognise the role of the Progressive Unionist party, and particularly the late David Ervine, in providing clear representation for loyalism. I know that I have omitted many other names involved in the journey to the agreement, but I also know that the whole House, including the hon. Member for Hove (Peter Kyle), will join me today in recognising their collective achievement.

If this anniversary can remind us all of one thing, it should be that progress did not come easily. It took decades of tireless work, leadership and steadfast commitment. Most important, it required the willingness of people to work across divides, sometimes with others with whom it had hitherto been unimaginable to work. The lessons from the leaders of 1998 will, I hope, prove instructive for all of us who have the honour of following in their footsteps. I know that Northern Ireland is on a path to a better, brighter and more prosperous future over the coming 25 years, thanks to the foundation of peace and stability that the Belfast/Good Friday agreement provides.

We are creating a platform for that more prosperous future by investing in the people of Northern Ireland, giving them the skills that they need to succeed and harnessing their entrepreneurial spirit. Only last month the Minister of State, Northern Ireland Office, my hon. Friend the Member for Wycombe (Mr Baker) announced £18.9 million of funding to boost the fantastic cyber-security sector in Northern Ireland. Together with more than £600 million of UK Government investment in city and growth deals for every part of Northern Ireland, those funds will ensure that the Northern Ireland of the next 25 years will be a byword for the cutting-edge technology and innovation for which it is already becoming known. We have addressed the issues caused by the Northern Ireland protocol by agreeing the Windsor framework, which fundamentally amends the old protocol. It protects the economic rights of the people of Northern Ireland, and provides us with the basis to move forward together as one United Kingdom. We, as the UK Government, will continue to support and invest in Northern Ireland to make it an even better place in which to live, work and start a business in the years to come.

The 25th anniversary of the Belfast/Good Friday agreement is an historic moment for Northern Ireland, for the whole United Kingdom, and for Ireland. It is a milestone that will be heralded in this country, and in the countries whose contribution to the peace process made the agreement’s success possible. Today’s debate affords us all an opportunity to recognise this remarkable achievement, and to reaffirm our commitment to protecting and upholding the Belfast/Good Friday agreement and supporting Northern Ireland’s journey in the 25 years to come in order to build a more perfect peace. I commend the motion to the House.

--- Later in debate ---

[Richard Thomson (Gordon) (SNP)]

This is the second debate in which I have participated in Westminster this week on the theme of the 25th anniversary of events. A debate was held a couple of days ago in Westminster Hall on the 25th anniversary of Welsh devolution, and it has been something of start for me to realise that I no longer measure my involvement in party politics in years or decades, but do so in increments of quarter centuries and even more.

However, it has been an incredible privilege to listen to the contributions we have heard so far today and I very much look forward to those to come. It was also a great privilege to attend the last session of the British- Irish Parliamentary Assembly in Belfast just a few weeks ago. It was a special session convened to mark the 25th anniversary of the Good Friday agreement.

As part of that session, which was held in the magnificent debating Chamber at Stormont, it was fantastic to hear from some of the figures who played a key role in bringing about the agreement. We heard from the former Taoiseach, Bertie Ahern; Sir John Holmes, who served as the principal private secretary to the then Prime Minister Tony Blair; Baron Murphy of Torfaen, who was a Minister of State when the Good Friday agreement was signed and went on to serve as Secretary of State.

We were also party to a fantastic panel discussion involving members of the Northern Ireland Women’s Coalition—Kate Fearon, Bronagh Hinds, Dr Avila Kilmurray and Jane Morrice, who were all ably chaired by the hon. Member for Bristol South (Karin Smyth). Hearing their insights about the work that was done individually and collectively in communities to bring people to a space where, irrespective of the tradition people had come from, they could sign up to the principles of this and move forward to put Northern Ireland on a better path was truly inspirational. It was fascinating to hear that and to hear about the work that was done to make sure that the Good Friday agreement could not only come about, but take root and take effect. I found that a very valuable transfusion of knowledge from the generation of politicians and officials who had been there on the ground at the time to the cohort of politicians who have been charged with taking an interest, moving things on and creating the political environment in which we hope relations can continue to move forward in a positive direction in our own time.

We know what the key parts of the agreement were and all that flowed from them. We saw the establishment of new institutions, such as the Northern Irish Assembly, the Northern Ireland Executive and the North South Ministerial Council. It led the way to the decommissioning under the supervision of General de Chastelain. Much to the angst, anxiety and pain of many, it saw prisoner release as part of that process. It also saw the British Government committing to incorporating the European convention on human rights into the law of Northern Ireland and established the Northern Ireland Human Rights Commission. I have no doubt that, all through that, a number of untidy compromises needed to be made and there were a lot of concessions that must have tasted quite bitter at the time. It required tremendous movement on all sides, from historical, and perhaps even established and comfortable, positions. I certainly do not underestimate the personal toll that the leadership that was required to effect those positional changes must have taken on the participants.

It is also very difficult to overestimate the wider importance of the Good Friday agreement and the role that it played not only in the peace process in Northern Ireland, but in inspiring others in contested polities and areas around the world in providing an example of how progress can be made. The DNA underpinning the agreement is that of a recognition of the need for equality and depolarisation, mutual respect, and respect for the civil rights and religious liberties of everyone in the community.

[Jim Shannon]

The hon. Gentleman is right to recognise the contribution that politicians from all sides made in Northern Ireland, but some of the good qualities that were shown then were also exercised in South Africa, with the beginnings of a peace that brought together divided communities that were so far apart. That was also an example for South Africa as it moved forward, as it has been for other countries, some of which have been more successful than others. South Africa is an example of where Northern Ireland’s specific knowledge was used to its benefit.

[Richard Thomson]

I thank the hon. Member for sharing that insight. South Africa is indeed one of the examples that we could have chosen, but I am sure that Northern Ireland serves as an inspiration elsewhere and to many others in terms of how contested political status can be worked through. Perhaps most important of all, it reinforced the principle of consent—that the UK had no selfish or strategic interest in Northern Ireland and that the people of Northern Ireland had the absolute right to choose their own constitutional future, which in turn was recognised by the Irish Government removing their territorial claim on Northern Ireland from the Republic’s constitution. It represented a stepping back from some of the comforting certainties and absolutes that had dominated the discussion on the future of Northern Ireland to open up a space where, yes, identity still mattered—how could it not?—but where that political space could be shared more easily and where people’s birthright to identify and to be accepted as British or Irish, or even both, and to hold citizenship for both states could be a reality. As the late great John Hume said, it also allowed Northern Ireland the chance to take the gun out of Irish politics.

In this 25th anniversary year, it is inevitable that there will be a focus on the strand 1 institutions. Certainly, I have expressed on more than one occasion my own disappointment that the North South Ministerial Council remains in abeyance, that Stormont is not sitting at a time when political direction from that Government and from politicians directly elected by the people of Northern Ireland is needed, arguably, more than it has ever been, given some of the challenges that are faced by the people of Northern Ireland on day-to-day issues of public sector delivery. But there are still many positives to take from the place that we are at.

Although I have lived through the history of the Good Friday agreement in my lifetime, it is inevitably from the prism of a viewpoint from Scotland, rather than from the perspective of somebody who has lived in Northern Ireland. Although I am wary of making too many comparisons and observations, on my visits to Northern Ireland since taking up the spokespersonship, I have been struck by the differences between what we used to see in grainy television footage from years gone by and the reality of modern Northern Ireland on the ground, the prosperity and vibrancy across Northern Ireland.

That prosperity is undeniable, both on the ground and in the statistics. Again, how could it not be? The reason for this is well captured in a report by the Irish Business and Employers Confederation, which noted that the Good Friday agreement had brought about

“a growing impact on stability and certainty, both in Ireland and in Britain, and a positive impact on economic growth and investment.”

OCO Global noted in a recent report:

“Exports have more than doubled since 1998, with GDP per capita growth exceeding most other parts of the UK.”

So there is little doubt that the peace dividend has brought a prosperity dividend. As we have heard from earlier contributions and interventions, it is perhaps easy, particularly for those who have not lived through the past quarter century and have no direct memory of the troubles, to take some of the advances of that period for granted.

For all the prosperity, we still see signs of a divided society today—a society that is more divided that we would wish it to be, whatever strides forward have been taken. We can see it from the prosperity of central Belfast: the peace walls that still snake their way out through the communities around the centre. We can see that physical segregation. We can see the segregation that continues in schools and in housing. For all that Northern Ireland has firmly embraced peace, we have had a salutary reminder this week, with the raising of the level of the terrorist threat, that there are elements in Northern Irish society that remain and prosper in the shadows of criminality, who would not hesitate to return to violence and intimidation to advance their agendas, given the opportunity.

The future is very much better now than it was 25 years ago. There was optimism then. Perhaps in the 25 years, the optimism has not lived up to the levels of optimism we had, but there can be absolutely no doubt that Northern Ireland is a society transformed from then. The future is still something to be written. Agreements evolve and develop and circumstances change. There is no bigger circumstance than Brexit, which has caused significant turbulence in British-Irish relationships, particularly in Northern Ireland. It damaged trust, and much needs to be done to restore that trust. That requires mature leadership, and the effective operation of the strand 1 institutions can very much play a part in that.

It was inevitable that the circumstance of Brexit would force a reappraisal among people of these islands, particularly in Scotland and Northern Ireland, about the political relationships that they would wish to have and the future to which they aspire. As that happens, it is very important to go back to the key element of the Good Friday agreement and to respect the principle of consent—just as those who brought the Good Friday agreement into existence a quarter of a century ago recognised that it had to be at the heart of progress in Northern Ireland.

[Jim Shannon (Strangford) (DUP)]

My friend and colleague, the hon. Member for Easington (Grahame Morris), said that I might be called first. I did not expect to be called first, but this is pretty near the beginning, so thank you for that, Mr Deputy Speaker.

First, may I say a big thank you to all right hon. and hon. Members for their contributions? They have been measured and careful. Mine will be the same, although there are some things that I need to say in relation to where we were at that time, and where we got to as the process moved forward.

The hon. Member for Gordon (Richard Thomson) referred to his 25 years of experience. I have a confession to make: I started out in 1985 as a councillor. I did 26 years as a councillor and 12 years as an MLA, and I have done 13 years as an MP. I think it is the start of my 39th year as an elected representative in May. When the hon. Gentleman gets to that point, he will have met his target. Have I matched the right hon. Member for Leeds Central (Hilary Benn)? I suspect that I may not be anywhere near his achievements—but that is by the way.

[Simon Hoare]

Is the hon. Gentleman suggesting we should have a debate to commemorate those years of service as well?

[Jim Shannon]

Definitely not. I would not ask the hon. Gentleman to endure that—that would be too much of a challenge.

I say this very gently: I never cease to be amazed by people suggesting that the DUP is or was opposed to the Good Friday agreement. I want put that on the record, because it is important to do so. The reason for that suggestion is undoubtedly the fact that we did not support the Good Friday agreement in 1998. The events of the last 25 years cannot be collapsed into an appreciation of a world frozen in time in 1998. Not one year but 25 years have passed, and if we want to build on the Good Friday agreement to promote peace for the next 25 years, we must never lose sight of that fact.

Although that suggestion no doubt fits the caricatures through which many prefer to operate, the truth is that the DUP was never completely opposed to the Good Friday agreement. The agreement always contained significant elements that we supported, such as power sharing and cross-community consent. I understand exactly how the communities came together and brought that forward: two completely opposing traditions had to find a methodology through which we could agree on a democratic process and move forward.

Before I go into any more detail, I want to put on the record my thanks to all those people who served. The Secretary of State rightly referred to the contribution and service of the police officers of the Royal Ulster Constabulary and the PSNI, and the soldiers of the Ulster Defence Regiment. I declare an interest, since I served in that regiment for three years and served 11 and a half years as a territorial soldier, so I was a part-timer for 14 and a half years. Their sacrifices and contributions were so significant to moving the peace process forward so that we could find a future that we can, hopefully, agree on for our children and our grandchildren. I have three boys, all married, and six grandchildren. I want my legacy to my six grandchildren to be a future where they can get on together, live in harmony and have equal rights with everyone. That is my choice.

The Good Friday agreement always contained significant elements that we supported, and I have referred to power sharing and cross-community consent. The reason the DUP could not support the Good Friday agreement in 1998 was that it involved the release of murderers from prison back into the community, where they could live alongside the families of those they had murdered. I know there are MPs in this House—I am one of them—who represent constituencies where people have been released from prison, causing great angst to people in the community, and those MPs have reflected that in the House. The Home Secretary has responded many times to questions that I and others have asked about that, so hon. Members can understand why we suffered angst over it at the time.

The Good Friday agreement also involved welcoming the political wing of the IRA into government at a time when the IRA had not decommissioned its weapons. Those were two critical issues for us at the time—two things to which the Democratic Unionist party could not and would not reconcile itself—and a large proportion of the population of Northern Ireland shared those concerns.

However, let me make it clear now that that did not mean we did not support the rest of the Good Friday agreement. Nor did it mean that we were unwilling to fight for the rest of the agreement. That commitment resulted in the seminal St Andrews agreement process, which we in the DUP thought—and I think the Government accepted—made the Good Friday agreement process even better, because it addressed the issue of decommissioning, which helped the democratic process to move forward.

The truth is that the Good Friday agreement, amended by the St Andrews agreement, lays a foundation for a stronger and better future. I believe that very strongly and so does our party. It forms the foundation for everything we have done in government since 2007 when, for the first time, we agreed to power sharing—an agreement that opened the door to a period of relative stability in the governance of Northern Ireland until 2017.

I was an MLA at the time, and I was very pleased to support my leader, Dr Paisley. I am glad that the Secretary of State referred to him, by the way, because we need to remember all the architects who made the process move forward, and he was one of them. Perhaps not everybody in our party had the same confidence that we had in 2007, but we went ahead with the process and, as it went forward, those who perhaps were not 100% convinced began to feel that the process was one to pursue and support.

The lesson that we can take from the 10-year period of relative stability from 2007 to 2017 is that it is only possible to make progress when we fashion an environment that both Unionists and nationalists can buy into. That is the whole secret of this process; it is the secret of where we are going and what we need to aim for. The journey from 1998 to 2007 was worth it because it created an arrangement that rose to that challenge.

If we want to secure a positive future from the vantage point of today—we can always look back with great knowledge, because we know what happened—we must recognise that, tragically, the delicate balance of our politics has been destabilised by the EU creating an imperative for the construction of a new arrangement that Unionists cannot buy into. Yet as I look to the future, I am very clear that the greatest threat to peace arises from the threat to the Good Friday agreement. We should be in no doubt that the threat is now acute.

If the United Kingdom is to honour its treaty obligations in the Good Friday agreement, they must be respected in domestic legislation. How, then, are the key commitments in that agreement given expression in UK law? I will refer to three Good Friday agreement commitments that are particularly important for Unionists. I want to put them on the record in a constructive fashion to lay out the scene and make a case.

The first is the principle of consent. That is given effect by the following text in the treaty:

“While a substantial section of the people in Northern Ireland share the legitimate wish of a majority of the people of the island of Ireland for a united Ireland, the present wish of a majority of the people of Northern Ireland, freely exercised and legitimate, is to maintain the Union and, accordingly…Northern Ireland’s status as part of the United Kingdom reflects and relies upon that wish; and…it would be wrong to make any change in the status of Northern Ireland save with the consent of a majority of its people”.

That is as clear as can be, and there should not be any issue. That commitment is clear and prohibits any change in the constitutional status of Northern Ireland that involves a shift away from government by the UK towards more government by the Republic of Ireland, save with the consent of the majority of the people of Northern Ireland.

People say that national opinion polls are not always entirely accurate. Well, there can be a variation of 3% either way. I will quote two polls just to put on the record the feelings of the people of Northern Ireland today. A national opinion poll in The Times in August last year indicated that about 50% of people in Northern Ireland wanted to stay in the United Kingdom and 27% wanted to go with a united Ireland, while the other 23% were non-aligned voters. The Belfast Telegraph did a similar poll on the non-aligned voters, and it found that 53% of those people wanted to stay within the United Kingdom of Great Britain and Northern Ireland. The point that I am making is that the vast majority of people—be they big “U” Unionists or small “u” unionists —want to stay within the United Kingdom of Great Britain and Northern Ireland. We believe that that is very important.

It was understood by the Unionist community that that protection was translated into domestic law—in section 1 of the Northern Ireland Act 1998—and it was on that basis that we signed up to the Good Friday agreement, including the DUP from 2007. When the protocol was introduced, it effected a significant change in the constitutional status of Northern Ireland, partly suspending article VI of the Act of Union to protect the integrity of a new legal regime in Northern Ireland, made for and by a polity of which Northern Ireland is not a part and in whose legislature it has no representation. Specifically, the people of Northern Ireland found themselves subject to laws in 300 areas that would be made for them by a legislature representing the Republic of Ireland, in which they had no representation. Unionists went to court to get that struck down on the basis of the consent protection in the Good Friday agreement, as a significant change in the constitutional status of Northern Ireland, involving a shift in governance for some purposes from the UK towards the Republic of Ireland, had been effected without any attempt to secure prior sanction from the majority of the population. That was a significant change, and one that concerns us.

Government lawyers responded by arguing that the relevant domestic legislation had not given effect to the Good Friday agreement consent provision that prevents any change in the constitutional status of Northern Ireland, save with the consent of the majority of the population. Instead, they argued that the relevant legislation—section 1 of the Northern Ireland Act 1998—prevents one specific change in the constitutional status of Northern Ireland, save with the consent of the majority of the population: the complete departure of Northern Ireland from the United Kingdom to join the Republic of Ireland. The Court agreed with the Government lawyers.

The second protection that has now been ignored is the principle of cross-community consent. The relevant cross-community consent provisions in the Good Friday agreement commit the state parties to

“arrangements to ensure key decisions are taken on a cross-community basis”.

That was translated effectively into section 42 of the Northern Ireland Act 1998. However, the Supreme Court has ruled that these protections no longer apply in relation to article 18 votes on the protocol by the Assembly because section 42 has to be read subject to section 7A of the European Union (Withdrawal) Act 2018. There have been completely disingenuous attempts to argue that this is acceptable because the agreement only requires cross-community consent for Stormont decisions if they pertain to devolved matters. That makes no sense at all and is terribly disappointing.

The principle that there can be no majority votes in Stormont when one community objects is not an innovation of the Good Friday agreement—it is a basic convention of Stormont politics of the past that goes back way beyond 1998 to 1972. The Parliament of Northern Ireland that operated from 1921 until 1971 did so on a majority basis, which was believed to have been a contributing factor to the outbreak of the troubles from 1969. I would subscribe that some of the ways that politics were done in those days contributed to the problems. When the UK Government intervened to terminate the Parliament of Northern Ireland in 1972, they sought to replace it with a power-sharing arrangement, and from 31 March 1972, it has been a principle of Northern Ireland governance that governance through Stormont must operate on the basis of non-majoritarianism.

The Good Friday agreement is not significant for limiting the application of that convention, to say that henceforth, from 1998, it is okay for majority decisions to be made from Stormont so long as they are not on devolved matters. Instead, its significance arises from its affirmation of the central importance of the convention that decisions from Stormont must be made on a cross-community basis if either community requires it.

The political problems flowing from the Supreme Court judgment are huge, and I want to put them on record. I welcome the fact that we are celebrating the 25th anniversary of the agreement, but our reasons for being objective at that time were the two conditions that we sought relating to our concern over the release of prisoners and the holding of arms, as decommissioning had not taken place. One can only begin to appreciate the difficulty when one has regard for the nature of the majority decision that is proposed by article 18 of the protocol. The provision on cross-community consent is not invoked all the time; many votes at Stormont are on a majority basis. The point of the cross-community provision is that if ever either community feels that a measure brought before Stormont constitutes an existential threat to it, that community can be protected by invoking its right to use the cross-community consent mechanism. Mindful of that, we must ask, does the removal of the cross-community consent of article 18 matter that much?

The article 18 vote, which could happen any time from 1 November 2024, will not just be controversial but will be more controversial that any majority vote of the Parliament of Northern Ireland from 1921 to 1971. It brings a constitutional change not within Northern Ireland but between Northern Ireland and the Republic of Ireland, effecting a transfer of governance from the UK towards the Republic of Ireland, as laws that were once made by the UK are made in a context that does not involve the United Kingdom but does involve the Republic of Ireland. The proposal is that next year, rather than moving forward, we will unfortunately move back not simply to the early 1970s, which would be bad enough, but to an even more difficult time that has not yet been experienced. That would be catastrophic and cannot be allowed to happen.

The third protection of the Good Friday agreement that is of particular importance for Unionists is the commitment by the state parties to uphold the right of the people of Northern Ireland to

“pursue democratically national and political aspirations”.

That right has to be understood from the point when it was embraced in 1998-99, when the people of Northern Ireland had the right to pursue democratically national and political aspirations by standing for election to make all the laws to which they were subject. The protocol and the Windsor framework terminate this because they create a situation in which the people of Northern Ireland can no longer pursue democratically national and political aspirations in relation to 300 areas of law to which we are subject. So far, 640 laws have been imposed in relation to which our Good Friday agreement right to pursue democratically national and political aspirations has been taken away. These are now made for us by a polity of which we are not a member and in whose legislature we have no representation.

It is very striking that as we approach the 25th anniversary of the agreement, with the desire of many to celebrate— and it is right to celebrate it—the greatest attacks on the agreement are taking place right now. Some of the parties that were fully supportive of it seem to be pointing their fingers and asking questions. Going forward, these matters cannot be papered over. We must remember that progress in Northern Ireland has only ever occurred when it has been possible to fashion a framework that both Unionists and nationalists can buy into. I say it again: that was the secret of the process in 1998. That was the secret of the process in 2007, and it is the secret of the process today in 2023. It was the secret behind the 10 years of stability between 2007 and 2017, and its demise—especially since 2021—is entirely the result of ignoring the reality.

I finish with this: the UK Government now have a choice. I for one hope that they will learn the lessons of the 2007 to 2017 period, and will ensure going forward that the Good Friday agreement, amended by the St Andrews agreement, is upheld and not ignored. If they do not, then for many in Northern Ireland and for myself, I fear for the future of Northern Ireland.

Northern Ireland

Jim Shannon Excerpts

Wednesday 22nd March 2023 Commons Chamber

[Chris Heaton-Harris]

I will give way first to the hon. Member for Strangford.

[Jim Shannon (Strangford) (DUP)]

It is not often that I am called before the others, but it is always a pleasure.

The Secretary of State and I will have some differences of opinion on this, but does he understand our frustration about the Windsor framework, or, as we Unionists call it, the Windsor knot? It is not a deal that enjoys or receives Unionist support, because the United Kingdom is giving the European Union sovereignty over the courts and power over Northern Ireland. Let me say respectfully to the Secretary of State, because I am a respectful person, that it has been shoved through the House by the Government, the Conservative and Unionist party—with some dismay, I now question the word “Conservative”, and where is the “Unionist”?—in a format that does not allow for scrutiny or due processes. Members on both sides of the House should take note of that and should vote against this statutory instrument, because it introduces a gravely important constitutional issue, and we are very concerned about it.

--- Later in debate ---

[Peter Kyle]

It does show that negotiating and talking delivers more than rowing, but it also shows that people should think carefully about what they vote for in the first place.

It is a right enshrined in treaty that anyone in Northern Ireland who wants to identify themselves as British should be able to do so without impediment. I understand that, of course I do. If produce made in Sussex faced checks at the border with Hampshire, I would have something to say about it. I have also asked myself this: if the protocol checks were taking place between Ireland and Northern Ireland, instead of in the Irish sea, would nationalist communities be demanding action today? I believe that they would. So the demand for action is warranted; it is based on real concerns, not confected ones. The mystery to me has always been why the Government took so long to act. Why did they wait until the devolved authorities had collapsed before seeming to care?

By the time I was appointed to this job, the DUP had been voicing concerns about the protocol for well over six months—they were ignored. A month before I was appointed, the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) had published an article calling for article 16 to be triggered—it was met with silence. Then, in February, the Executive was collapsed, followed four months later by the Assembly. In all that time, there were no visits by the Prime Minister, and no meetings with party leaders, either in Northern Ireland or in Downing Street. Not a single statement was made to this House. As a result of that neglect—believe me, it is neglect—we are now faced with two problems. The first is solving the technical issues created as a direct result of the original protocol, negotiated by the Government and voted for by every Conservative Member. That protocol, I remind the House, was created, negotiated and hailed as a “great deal for Britain” by this Government at the time. Lest we forget, it was voted for by every single Member on their Benches, including those affiliated to the European Research Group faction.

Secondly, that period of neglect created a political problem that this Government are paying the price for right here today. Put simply, when the DUP was raising concerns about the protocol from within the devolved institutions, it was ignored by the Government in Westminster. When the DUP collapsed those institutions, it was rewarded with a prime ministerial visit and, ultimately, the renegotiation of the protocol. The message from the Government could not be clearer; the learned behaviour of dealing with this Government is that if you act functionally within the devolved Administration, you are ignored, but if you act outside the Administration, you are unignorable. In this period, the other Northern Ireland parties have been denied their place within the Government as well, through no fault of their own. So if you disrupt and act outside the structures of government, you get all the attention in the world. You even get a Prime Minister travelling abroad on your behalf to renegotiate a deal we had hitherto been told was not renegotiable.

[Jim Shannon]

This is not only about neglect or ignorance. Does the shadow Minister recognise that Tony Blair, the former leader of the Labour party, said that we cannot move forward without Unionist participation in this process and this framework? Bertie Ahern, another former instrument in the peace process, also said that we cannot ignore Unionism. Does the shadow Minister agree that Unionism cannot be ignored, and that our point of view has to be core to the whole issue of how we find a process to go forward?

[Peter Kyle]

I am grateful for the hon. Gentleman’s intervention and for the opportunity to have this exchange, as it gives me the opportunity to say something. I can only speak for the Labour party, and for myself as the shadow Secretary of State, in saying that his party, as with every other party in Northern Ireland, will never be ignored by my party or a future Labour Government. As I am about to explain, it will be most rewarded, and will have most attention and agency in political life right across the UK, from a position within the devolved authorities. I understand the point he makes—Tony Blair and others were right—but these are all leaders who gave the attention to the DUP and every other party at the point at which they needed it. They did not wait until devolution had collapsed before paying those in Northern Ireland and their parties the respect they are owed and due.

Northern Ireland (Executive Formation) Bill

Jim Shannon Excerpts

2nd reading
Wednesday 22nd February 2023 Commons Chamber

[Chris Heaton-Harris]

I thank the hon. Gentleman for his kind words. He is right that this is not a matter of politics. I know it is the family’s wish that the Bill is operational by the spring and that is what we will be able to achieve.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for introducing this Bill, and I thank Dáithí’s family, who are in the Gallery. The Bill will make organ donation an opt-out law in Northern Ireland, just as it is on the UK mainland. That is what we want: equal laws across the whole United Kingdom. As a result of the good work and commitment of the Secretary of State and the Government, we will now have an equal law. We all support an opt out on organ transplants.

[Chris Heaton-Harris]

I thank the hon. Gentleman for his kind words.

--- Later in debate ---

[Claire Hanna (Belfast South) (SDLP)]

It is right, of course, that we are not having an election. The Secretary of State is correct to more comprehensively push that back, because it would be pointless to miss a series of little deadlines. Ultimately, an election without either a change in the context or a change in the rules would not put power in the hands of the people and would therefore be pointless.

This is a delicate time, a sensitive time, in relation to the negotiations. Hopefully, it is also a time of possibility—a possibility that we can find a deal and an outcome with which most reasonable people can live. We have all said many words in this Chamber and outside of it about the parameters of that, so I will not dwell on it this afternoon.

Clearly, the hope and the goal is to get back into Stormont as soon as possible to get on with the things that people desperately need us to progress on—in care, climate, housing and jobs. Without doubt, health is the most acute and burning issue, in terms of the need that is out there and the corrosive impact of stop-start government and what that has done to our health service over the past number of years. This has not been an overnight problem and there will not be an overnight solution. In the absence of an Assembly, we do not have health transformation; we are having ad hoc bits and pieces of collapse, which are not cost effective and not what clinicians would wish them to be, and they are not building confidence in communities about what is ahead for public health provision.

We can look at any number of examples of services in different geographical areas, but no more so than in the South West Acute Hospital in Enniskillen, where services are falling over and having to be closed without any sense of the compensatory provision that people would wish to see. People are seeing loss of services without any gain and without the improvements in health provision and outcomes that are possible if we do this properly with a locally accountable Minister and an engaged Health Committee.

I do not want to labour this point, but it is very clear that the stalemate is eroding public services. It is eroding belief in politics and it is giving comfort to some of the anti-democratic forces still skulking in the background who have not really come to terms with the agreement and with the will of most people in our society to move forward and to get on with solving our problems and creating our shared future.

This Bill, like a few that we have seen recently, is a bit of a sticking plaster on failure, but some real good is coming out of it today—thank goodness—in the progress of Dáithí’s law. I want to speak to Dáithí:

“Tá tú i do chodladh anois. Maith thú. Cinnte, tá sibh tuirseach i ndiaidh an taisteal. Duit féin, do do mhamaí, do dhaidí agus, anois, do dheirfiúr bheag, ba chomhair daoibh a bheith an-bróidiúil as an bhfeachtas a throid sibh, as an misneach a léirigh sibh, agus as an mbua mór a bhain sibh amach le chéile. Agus a Dhaithí, ár laoch, iarraim ar Dhia go mbeidh dea-scéal agus croí nua agat go luath.”

To Dáithí, to your family, to your mum and dad, and now to your wee brother: You should be so proud of all that you have achieved together—the huge progress that you have made. You have been a hero to so many people and we all just hope that you get good news and a new heart soon, and we are all with you.

It is important that we say well done to that lovely family for all that they have achieved, and to so many people who have progressed the issue over the years. I pay tribute to Jo-Anne Dobson, an Ulster Unionist MLA, who advanced the issue substantially in a previous Assembly, bringing the issue to public attention and making it a political reality. She loosened the lid.

[Jim Shannon]

The hon. Lady rightly refers to Jo-Anne Dobson, who has been through this situation—she had a young son, Mark, who had a transplant, without which he would not be here today. The hon. Lady looks to history, and the history is right, and she has expressed it in a very kind fashion.

[Claire Hanna]

I thank the hon. Gentleman. I pay tribute to others, including Fearghal McKinney, who is here from the British Heart Foundation and has worked on this issue for many years and with his colleagues has helped to get all the ducks in a row to allow the family to have the reach they need and the regulations in place. I also pay tribute to Joe Brolly and Shane Finnegan from my own parish of St Brigid’s. Joe Brolly’s act of decency and humanity a few years ago in giving his kidney to a relative stranger opened many people’s eyes; it stopped us in our tracks and underlined how meaningful and how important for life organ donation is.

I hope all those people, particularly Dáithí and his family, who brought the issue to this point, take some pride in and encouragement from their achievement, and I hope it will encourage and remind all of us in elected life that we can do good things when we work together. There are many things we need to do, and hopefully these couple of weeks can see progress and allow us collectively to get on with making many other necessary and positive changes.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

It is always a pleasure to make a contribution on anything that refers to Northern Ireland, but particularly today on the Northern Ireland (Executive Formation) Bill. I wish to make some comments that I hope will be constructive and helpful.

Here we go again. We have heard this so much, and I am sure most of my hon. Friends in this House and those outside will be able to join in over the course of my contribution. While I may seek to change the style of address and even the words used, the substance is the same, and that is because it must be the same, because the facts have not changed. The DUP cannot and will not nominate to the Assembly until the seven conditions of the pledge that our leader, my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) has made are met. With that being the case, this Bill is a necessity.

The tone today of everyone in the Chamber has been constructive and helpful. I believe we are looking, hopefully with confidence and optimism, to the future as we try to bring things together. What a pleasure it is to follow the right hon. Member for Leeds Central (Hilary Benn). I am not giving him a big head, but he does make a significant contribution and brings wisdom to these debates, and I put that on record and thank him for that. As we move forward, his understanding of where we are is something I have taken note of in the short time I have been in the House. He has been in the House longer than me.

I refer first to the protocol and the democratic deficit. Others have mentioned that, and I want to speak to it as well. For us, the protocol violates the Belfast/Good Friday treaty commitment protection to uphold the rights of the people of Northern Ireland to pursue

“democratically national and political aspirations”,

as the state parties committed themselves to from 1998. At that time, I was a Member of the Northern Ireland Assembly. I supported that process, as did all my colleagues who were Members of the Assembly at that time. It was a stage of life where we may have been a bit hesitant in moving forward, but we realised that to have a working Northern Ireland Assembly, we had to have contributions from both sides of the Chamber—nationalists and Unionists—to move forward. The process put forward was one that certainly many of us bought into.

The people of Northern Ireland were able to pursue democratically national and political aspirations with respect to all the laws to which they were subject. The protocol strips the people of Northern Ireland of that right in relation not to 300 laws, but 300 areas of lawmaking to which they are subject. It constitutes an attack on other legal protections, such as article 25 of the international covenant on civil and political rights. There is huge interest in the Belfast/Good Friday agreement as one of the most famous treaties in the world ahead of the 25th anniversary celebrations, which afford special leverage.

I put on record my concerns in relation to the seven conditions. My hon. Friend the Member for North Antrim (Ian Paisley) is not here at the moment, but in meetings that he and I have had in the past, I have always underlined the importance of us in this House, not Brussels, having the final decision on anything referred to the European Court of Justice. That is one of the things I would have loved to have seen, and that is one of our seven conditions—our line in the sand—for where we are as a party.

The Belfast/Good Friday agreement protects rights and safeguards equality of opportunities and human rights in particular. It has commitments to mutual respect, civil rights and religious liberties for everyone in the community. I adhere to that in everything I do in this House, and Members will know that I speak highly and rightly in terms of human rights issues. I am my party’s human rights spokesperson. I speak on freedom of religion or belief on behalf of those across the world. Just last weekend I was in Pakistan, where we were upholding the rights of people to have religious liberty and be able to worship their God as they so wished to do. The Chair of the Northern Ireland Affairs Committee referred to prayer, which I believe in fervently. We must pray fervently, earnestly and unceasingly, because prayer does make a difference. With prayer we can move mountains, and I think we need prayer in this process. The Belfast/Good Friday agreement affirms:

“the right of free political thought; the right to freedom and expression of religion; the right to pursue democratically national and political aspirations; the right to seek constitutional change by peaceful and legitimate means”.

Those are the things I wish to see in the early stages.

We have been concerned in my constituency of Strangford. We did vote to leave in the referendum, by the way, and many businesses are impacted by the movement of goods and the extra tariffs. It has affected the contact between companies that have done business for 30, 40 or 50 years. We have the impact on nurseries, the purchase of steel, car dealers, farmers and pet travel. All these things are critical factors for people as a result of what the EU has done up until now. I know that the right hon. Member for Leeds Central referred to the fact that some changes have been made, but the changes need to be more significant. We welcome the move away from intransigence and obstacles, but unfortunately many of those remain in place.

These conditions are not frivolous. We are notbeing, to use a word that I use all the time, thran, as my mother would say. The spokesperson for the Scottish National party, the hon. Member for Gordon (Richard Thomson), will know all about thran. The words I use are words that he can recognise and relate to. We do not seek to garner public support; we seek to represent the public who have felt this annexation by stealth. We seek to speak for the people who are taxed without democratic representation, and we seek to speak for the small businessman who has received HMRC correspondence asking him or her to pay duty on products being shipped from Scotland to Northern Ireland, when they have already paid duty on it and they are asked to pay it again. There are double costs for Northern Ireland businesses as against the rest of the United Kingdom.

The former Prime Minister Margaret Thatcher had a saying that I have often kept in my mind, which is that Northern Ireland is as British as Finchley. Well, no, it is not, but it needs to be. I know that the Secretary of State will relate to that, and others in the House as will understand the point I am making. I want to be the same as everybody else, and my people—the constituents I have the pleasure and the privilege to represent—also want that.

We seek to outline the need for constitutional changes to be voted on and dealt with through an appropriate mechanism, not as a weapon to beat the British Government with. It is not about that. For us to do this, we need a Government who take us seriously, and that was not done. The shadow Secretary of State, the hon. Member for Hove (Peter Kyle), referred to this in his contribution—and I took note of it, by the way. He is an honourable man, and I know that he seeks to find a way forward that we can all agree on. That has left us with no option but to abstain, which is a tactic well used by others before to little comment or media attention.

So I am delighted to hear that Europe is again prepared to negotiate. I will of course be more delighted when supplied with the actual detail and can go over it to ensure that it is a deal that not only works for Europe and the remainer section, but is workable for Unionists. I think Tony Blair said that Bertie Ahern had said that in any way forward there has to be buy-in from Unionists. To anybody who thinks there cannot be, I say, “Honestly, guys, you’ve got to wake up and realise it can’t happen.” In the discussions—the friendly discussions—that I have had with the shadow Secretary of State, we have very clearly said that there must be buy-in from Unionists, and that is something we must see in place.

We have all seen the co-ordination of the media pointing the finger at the DUP for standing in the way of decision making. I have been very clear in this House that the Government have taken several decisions in this House already, including a very costly Irish language and identity Bill along with the even more costly—in terms of life—abortion legislation. Both of these and others were done from this place over the head of the institutions. When I heard the Secretary of State say last night that he had tabled an amendment to bring in Dáithí’s law, I was pleased—I put that on record, and I thank the Secretary of State for that—to see that matters of life and death did actually concern the Government when it came to Northern Ireland and that saving life could be as important as the ability to indiscriminately take one in one of the most liberal abortion regimes in Europe.

I want to mention Dáithí’s law. Others have done so, but I want to put on record that I am greatly moved and impressed by that young six-year-old, and impressed by his parents and his family, as well as by the honourable gentleman in the Gallery, Fearghal McKinney. He has been a friend for a long time, and we appreciate his work and efforts behind the scenes.

I want to tell a quick story about my nephew, and this is why I really support the opt-out system. I have always supported it: I have supported it in this Chamber for many years and I supported it before I came to this Chamber. I have a nephew called Peter, who was born with a kidney the size of a peanut. Members may say, “My goodness, how can you survive?” Well, the fact is that he did survive, but he survived because he had treatment from the day he was born right through until he had a transplant at the age of 16. I can remember that, as he grew up, he was the colour of a bowl of custard—as yellow as can be—because his system was not working.

I remember when Peter played with my boys, and my boys are very boisterous. They are young men now, of course, but they were very boisterous—I think boys always are boisterous, and probably wee girls are as well, but I would not know because I never had a wee girl, so I cannot say in all honesty, but others have, and they will understand what I mean. However, Peter was never able to run and play as my boys did. So for me and for his family—his mum and dad, and his brother and sister—when he got the transplant, it was really important. That is why this opt-out organ donation law is so important.

Peter waited for years upon years to get that transplant, but he got it, and today he is as fit as a fiddle. I remember that at the beginning when he had his transplant he took his first job, which was delivering newspapers. It was something he never thought he could do. It is a small thing—Members may say, “Look, Jim, that’s not very much”—but it was a whole lot for him, because he was never able to do any of those things. So when it comes to Dáithí’s law, I can tell Members that my family are incredibly pleased to see this coming in, because we understand this from Dáithí himself and the family, as well as from those who have worked hard, with all the party political contributions, such as those from my hon. Friend the Member for Upper Bann (Carla Lockhart) and the hon. Member for Belfast South (Claire Hanna), who referred to Jo-Anne Dobson as well. I remember her very well, and what she did for her son and how that gave him life. Those are the things that are incredibly important.

As colleagues have pointed out, the Secretary of State did not need to table new clause 2, because he could merely have accepted new clause 1, tabled by my right hon. Friend the Member for Lagan Valley and supported by the hon. Members for Belfast South, for Foyle (Colum Eastwood) and for North Down (Stephen Farry), as well as by me and other party colleagues. This circumvention of our amendment is notable in itself, and it begs the question of why it is necessary when the Northern Ireland MPs across the parties that take their seats here had already submitted an amendment. None the less, we are very pleased to see it coming forward. Little wonder that, yet again, my constituents in Strangford and people across all of Northern Ireland are highlighting to me the fact that absenteeism by certain nationalists seems to get better representation from the Government here than those who take their seat and carry out voting. It is strange that it does not seem to work with negotiation in Europe for Unionist concerns; we await to be advised otherwise.

I support this Bill and the new clause that the Secretary of State will bring forward, which is necessary. This is something I have supported since my own nephew was blessed enough to be an organ recipient, and he is a fit and healthy young man. Mark has his own house and his job, and he works away. I have often said that those who do not want to donate should have a simple ability to opt out, and that is included. I therefore have no qualms whatsoever in supporting this Bill.

Geoffrey Robinson, who used to be a Member of this House—he sat on that Opposition Bench, if I recall rightly—brought forward the organ donation opt-out, supported by the hon. Member for Barnsley Central (Dan Jarvis), and I was one of the co-sponsors. I was very glad to play a small part on an organ donation Bill in this House to change the law in England and Wales, and ultimately we can see that coming our way in Northern Ireland.

I conclude with this. There is also a clear need to allow time before an election, and we in the DUP are ready for that election. We stand strong on representation for the Unionist people with a very strong mandate. It is a mandate on which we intend to stand firm—the rock we have taken from our people, our constituents and our supporters—which is to allow for the Northern Ireland Protocol Bill to come through and take effect. That will allow for a real and proper negotiation to take place with Europe to allow the DUP—my party, my colleagues and our supporters across all of Northern Ireland, but especially in Strangford—to get back in to do what we want to do, which is to take Northern Ireland forward as an integrated part of this wonderful United Kingdom of Great Britain and Northern Ireland. As I often say, we are always stronger together and we are always better together. As long as Europe is honestly prepared for and agreeable to find an agreement, I hope and pray that those things can come our way and we can have the peace, stability and the political institutions in Northern Ireland once again.

Omagh Bombing

Jim Shannon Excerpts

Thursday 2nd February 2023 Commons Chamber

[Chris Heaton-Harris]

I thank my hon. Friend for his wise words about what happened as a result of Omagh—it was not the success that the terrorists had wanted. They failed to derail the peace process and, on 10 April, we will reach the 25th anniversary of the Belfast/Good Friday agreement. That agreement came at some price in political capital for many of the people who entered into it, but it has brought peace and stability to Northern Ireland for the last 25 years. As he rightly said, I am well aware of the ongoing Select Committee investigation into paramilitarism. I have engaged partially with it so far, but I believe that I will even have the privilege of attending and giving evidence to it in the near future. On Ireland, I would like to think that I have a constructive and friendly relationship with my counterparts there. At the last British-Irish Intergovernmental Conference, we talked about a number of cases where information flows on both sides were mentioned, so we talk about these issues and I hope that we will engage fully on them as we move forward as well.

[Jim Shannon (Strangford) (DUP)]

I remember exactly where I was the day that the Omagh bomb atrocity took place in August 1998 and I remember the news being announced, so we appreciate all the efforts today. My party has previously supported the Omagh families’ call for an article 2-compliant investigation, and I very much welcome the Secretary of State’s announcement. Although we know that evil republican terrorists detonated the bomb, we hope that the inquiry will help the families to establish more of the truth in their quest for justice. The bomb that murdered 29 people and the unborn twins that day was detonated in Northern Ireland, but it was planned, assembled and transported from the Republic of Ireland. In noting the comments of Justice Horner about a simultaneous investigation in the Republic of Ireland, does the Secretary of State agree that unless there is such an investigation, it is unlikely that the full truth about what happened that day will be brought to light?

[Chris Heaton-Harris]

I thank the hon. Gentleman for his question. I know that his party leader, the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), wanted to be present. The nature of giving statements, and the fact that I wanted to personally contact the families first, meant that that was logistically impossible, but I know that he and his party have supported the families’ call for the inquiry, and that the Gallagher family and his campaign appreciate that.

What the hon. Gentleman says about Ireland is true in many ways but, as I said, there is no way that the British Government can compel the Government of Ireland to do anything, in the same way that they cannot compel us. We are, however, talking to each other about a range of issues, much more constructively than we have done for a decent while. Discussions about issues such as this can be tough for both sides, but they are being done respectfully, and I know that both sides want to do the best they can by all the people we represent.

Northern Ireland Budget Bill

Jim Shannon Excerpts

2nd reading
Monday 23rd January 2023 Commons Chamber

[Mr Baker]

I expect the hon. Gentleman knows that clauses 8 and 9 put in place a vote on account for next year. I will come to that as it is in my notes; if memory serves it covers 65% of the spending, but I will confirm that when I reach that section. That puts in place the spending for next year, but of course we would like the Executive to return to set the Budget for next year. If they do not return, we will have to do the job, and it will be tricky; there is no getting away from that. Without Northern Ireland Executive Ministers in place, it has not been possible to take the difficult political decisions necessary to balance the Budget at this very late stage in the year, and that of course compounds the problem for next year. It is with great sobriety that I stand here and acknowledge that it is going to be very difficult. I for one would be up for the challenge of doing it, but it is not the Government’s position that we as UK Government Ministers do that; we would like the Northern Ireland parties to step up to that duty.

If the Executive are not restored on time, we will continue to work with the Northern Ireland civil service to prepare for next year’s Budget. The Government’s priority for that Budget will be to deliver a fair outcome for all taxpayers and citizens in Northern Ireland. We will work to put Northern Ireland’s finances on a sustainable long-term footing, which means appropriate consideration of a wide range of options including revenue-raising measures, as well as reviewing all spending.

[Jim Shannon (Strangford) (DUP)]

Will the Minister give way?

[Mr Baker]

I will give way once more but then will give a Bill overview in the hope of making progress.

[Jim Shannon]

I thank the Minister for giving way and respectfully say to him that I have a suggestion for saving money in the Department of Health. We all know that agency costs for employing nurses are sometimes 25% to 30% higher than the costs within the NHS system; the obvious solution is to employ more nurses in the NHS system in Northern Ireland. Does the Minister agree that in order to make savings we should reinstate nurses who want to work and do away with agency staff whose costs are higher?

[Mr Baker]

I thank the hon. Gentleman for raising that point, but I hope he will not mind my saying that today’s Bill is a technical Bill to put on a legal basis the written ministerial statement laid before the House last year, and I am reluctant to get into particular decisions. However, I think every Member of this House will know that agency staff are very expensive and it would be much more preferable to avoid their use.

I do not propose to waste the House’s time by going through every detail of every clause on Second Reading—I will come back to that in Committee—but in summarising the Bill I want first to thank Opposition Members, in particular those on the Front Benches, for the approach that they take to these matters. I know they do not hesitate to hold the Secretary of State and me to account, but equally when necessary measures need to be taken, they are constructive, for which I am grateful because this Bill is about making sure that public services can be provided in Northern Ireland.

The Bill will place the Budget that the Secretary of State outlined to the House in his written ministerial statement on 24 November 2022 on a legal footing. It will also allow Departments and other listed public bodies to continue to deliver public services into the first half of the 2023-24 financial year through a vote on account. I do not propose to repeat the contents of that written ministerial statement, which set out the respective allocations reflected in this Bill; what I will say is that those Budget allocations were developed as a result of extensive and sustained engagement with the Northern Ireland civil service. I want to thank again the Northern Ireland civil service, and indeed our own officials in the Northern Ireland Office, for working with great passion and at great pace to work through this Budget; it was inspirational to see and I am particularly grateful to our senior leadership team for the way it rose to the occasion.

The Secretary of State has met Sir Robert Chote, the chair of the Northern Ireland Fiscal Council, and has received a range of representations from public groups and individuals. We have prioritised spending in health and education, with an overarching objective of protecting the most vulnerable: this Budget increases education spending by just under £300 million and delivers a £786 million increase in non-covid-related health spending.

The challenges that all Departments now face are due to the repeated failure of previous Northern Ireland Executives to take strategic decisions to reform public services and deliver sustainable finances. When Ministers left office in October, the Department of Education, the Department of Health and several other Departments were set to overspend significantly, with no plan in place to address that. The best solution for Northern Ireland’s health, education and other public services is a functional and effective devolved Government taking much-needed decisions to place those public services on a sustainable footing.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

The good book says that the last shall be first and the first shall be last, so I am happy to speak, whenever it may be—and in this House that is nearly always last. However, that does not take away from my comments, and it is a real pleasure to add some Strangford commitments and comments in relation to this essential Bill.

The difficulty with the Budget is not a new problem, and it is not a DUP problem, despite what has been said by some colleagues in this place and in the media. The problem is that the then Finance Minister, Conor Murphy, was unable to find agreement within the Executive. He was unable to do so not simply because the funding was tight, but because he was allocating it to political aspiration projects, rather than to nurses, postal and health workers, and teachers in the classroom.

We all understand that money is tighter than it has ever been, and we cannot ignore that. I have constituents who have trained for eight years or longer to get their early years qualifications, only to learn that their 17-year-old daughter can work for Lidl and get paid more than them. Sometimes it is hard to understand how that works— a person trains, qualifies and does well, but they get less than their daughter.

It is tough for these people to make ends meet, and they are having to cut their cloth to suit them. We have to do the same, but the first cut must not be to our schools, and I commend the shadow Minister, the hon. Member for Hove (Peter Kyle), for saying that. Many others have latched on to that—in fairness, the Minister of State referred to it as well—but it is a massive issue. Institute for Fiscal Studies analysis shows that, since 2009-10, spending per pupil has been consistently highest in Scotland and lowest in Northern Ireland. In 2021-22, spending per pupil was estimated to be £7,600 per pupil in Scotland, but only £6,400 in Northern Ireland. What is the reason for that?

The additional funding in the Chancellor’s autumn statement is restoring pupil spending to 2010 levels in real terms, yet under the Barnett consequential we are not able to do the same in Northern Ireland. How is that appropriate? Why does wee Rosie Murray in my constituency deserve £1,200 less in educational support than her cousin, wee Rosie Murray in Glasgow? She does not, and she must not be discriminated against because of her nationality. The disparity is quite clear; there is something wrong with the system. My hon. Friend the Member for Belfast East (Gavin Robinson) was here earlier, and he referred to Northern Ireland’s Barnett consequential reducing almost every year.

I have had representations from all education sectors—from the controlled sector as well as the Catholic maintained sector—begging me to make it clear that the Budget must not be used as a whipping post for political gain. Our children have not yet recovered from covid closures, and now their education and their future are at risk of being sacrificed due to the refusal of the EU to do the right thing and the refusal of this House to take the EU on. I am a great believer in the idea that money spent on education and children today is money well spent on giving them a chance tomorrow.

I could find an easy way to cut costs without affecting quality of life or increasing the price of goods: do away with the protocol. We cannot ignore the fact that the protocol costs so much, and if those moneys from the Treasury were spent in Northern Ireland, they would make a big difference.

I received an email only this morning from a local supplier who asked me to make this comment. He is being chased by His Majesty's Revenue and Customs for the duty costs of purchasing artificial flowers from a supplier on the mainland—that is an extra cost because of the Northern Ireland protocol—and I do not mean mainland China; I am talking about a company based not too far from this House. Members should let that sink in for a second. The protocol, which gives no accountability, no representation and no benefit to Northern Ireland constituents, ensures that the flowers my constituent buys cannot be sold at £1 a bunch, as they are here, to lay on a grave, but cost £1.25—a 25% charge because he is from Northern Ireland. The protocol means not only that excise duty paid in the UK costs the customer more, but that HMRC spends man-hours chasing up bills that should not be in place and never should be paid.

Where can we get the moneys from? Everybody has referred to that issue. We in the DUP have an opinion, and others have too. That brings us to the trader support service, which deals with the costs and the customs. The cost of the TSS was estimated at £340 million until the end of 2022, with another £113 million for 2023, giving a grand total £453 million up to the end of this year—or approximately half a billion, to round it off. Those are the savings that could be made, and they could have an incredible impact on health, education and prosperity in Northern Ireland. Nor do the figures take account of the additional money that our businesses are spending on trying to do the right thing, the cost of which naturally has to be passed to the customer. It is little wonder that local businesses are unable to put their wages up to help their staff; they themselves are barely surviving.

Approximately half a billion pounds could easily be saved in the Budget by doing what this House promised: passing a Bill to deal with the protocol. What a difference half a billion pounds could make to education or to the NHS. Perhaps it would allow our nurses to be paid the same as the mainland nurses. What possible justification is there for cutting NHS budgets and education spending when we seem happy to throw money away for no purpose other than to facilitate the EU’s grudge against us?

What has been the total cost to the public purse of recruiting and training veterinarians to fulfil the requirements of the Northern Ireland protocol since 1 January 2020? That is another cost of the Northern Ireland protocol that does not need to be paid—another potential saving for Northern Ireland. The Government say that

“DAERA reported in August 2022 that a total of £15.3 million capital, £16.4 million resource and £1.7 million depreciation has been expended on the provision of the infrastructure, IT systems and personnel for the work necessary to carry out the required SPS checks at Northern Ireland’s Points of Entry as a result of the implementation of the Northern Ireland Protocol.”

Again, those are savings that we could make and that we could use for the benefit of Northern Ireland.

That is not even the full picture. As we are not implementing the full scheme, the costs will be even greater. These millions could already have made a difference. We could have provided support to farmers to buy new, more efficient and eco-friendly farming aids with all the money from that scheme, the digital assistance scheme, the mutual enforcement scheme and the scheme for temporary agri-food movements to Northern Ireland—all schemes that are at best unnecessary and at worst morally wrong and divisive.

Last week, with my hon. Friend the Member for Belfast East and other representatives, I had a Zoom meeting with Roisin Coulter of the South Eastern Health and Social Care Trust, who outlined very clearly what the costs and impacts on health services will be. As the shadow Secretary of State said, cancer waiting lists are the worst in the whole of Europe; Roisin outlined that point last week and told us that waiting lists for cancer services are the longest that they have ever been. She also referred to other health issues.

We recognise clearly that something needs to be done about pressures on A&E. In my intervention on the Minister of State, I mentioned agency staff, who cost 30% more than nurses on the equivalent pay grade. We should be employing more nurses and paying them the correct wage: that would be cheaper than paying agency staff, and it is something that I would particularly like to see if at all possible.

To those who point to this restrictive Budget as the DUP’s punishment for obeying the clearly held view of the people of Northern Ireland, I say this: we will be in our seats within a day of the protocol being eradicated and reason and common sense prevailing. We will be in our seats, taking our positions to make tough decisions as soon as we can do so, but that will not happen until the Government and the EU come to a decision that satisfies the tests that we have set out. Those tests are not the result of obstinacy or political point scoring; they are tests that the people we represent have told us, through wide-ranging engagement, are the red lines for Unionism.

The hon. Member for Stone (Sir William Cash) has referred to this: the Northern Ireland Protocol Bill is sitting in the House of Lords like the Mary Celeste—it seems to have got lost there. We need it to come back from the House of Lords so that we can move it forward.

The hon. Member for Foyle (Colum Eastwood) referred to Dáithí’s law, which I fully support. I have always supported the organ donation opt-out process: I supported and sponsored the private Member’s Bill about it that the then Member for Coventry North West promoted in this House, and I supported the proposal back home. Others whom I know quite well did not support it then, but they all do today, which is good to see. If we can pass the Identity and Language (Northern Ireland) Act 2022 and the abortion legislation in this House, we can do it for Dáithí’s law as well. I urge the Government to grasp that; perhaps the Minister can give us some indication.

Those who consider overriding democracy and the Good Friday/Belfast agreement, and allocating positions to those who will take their seats, do so in the knowledge that they are saying that Unionists have no place in Northern Ireland and that democracy is dead. Be mindful of the statements made which will be deadly serious in Northern Ireland. For some in this Chamber, Unionism may be nothing more than a pain, but we have a mandate and our people have spoken. The requirements from this place are clear and simple, and must take place soon.

I understand that we are here under protest to decide on something that we did not want to decide on, because the Assembly should be doing it, but if this place has to decide, let us ensure that it does so equally and fairly. If laws can be brought in for other things, they can be brought in for that. Savings can and should be made.

Northern Ireland (Executive Formation etc) Bill

Jim Shannon Excerpts

2nd reading
Tuesday 29th November 2022 Commons Chamber

[Chris Heaton-Harris]

I feel that I have provoked all sorts of things. I hope that colleagues will forgive me if I take three interventions and then move on, because there is also a football game to get to at the end of the day.

[Jim Shannon (Strangford) (DUP)]

In Northern Ireland, 17% of people are in poverty, and 12% in absolute poverty; I understand what the Chair of the Select Committee is referring to when it comes to addressing that. The Government went through the legislation in this House to ensure that the money offered on the UK mainland is equal to that offered in Northern Ireland. If the Government move with some urgency to ensure that that happens—on energy prices and everything else—the fact that the Northern Ireland Assembly cannot operate today because of the Northern Ireland protocol should not in any way hold up help going to people who are very much in need.

[Chris Heaton-Harris]

But, unfortunately, it did. When Ministers were in place they were unable to help us with the money going through the system. Now, as per the responses to the urgent question and to the questions to the Secretary of State for Business, Energy and Industrial Strategy earlier, there are unbelievable difficulties in the UK Government doing what the hon. Member and I both want to happen.

--- Later in debate ---

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

It is a pleasure to follow the right hon. Member for Skipton and Ripon (Julian Smith). We fondly recall his facilitation of the talks immediately after the general election in 2019 and the New Decade, New Approach agreement that opened the door for the restoration of the devolved institutions in Northern Ireland, and we thank him for his continuing interest.

I recognise that the Secretary of State is mandated by legislation to bring forward the Bill, and I think that neither he nor I want to be in this position. Let me be clear that the Democratic Unionist party wants to be back in a functioning Executive. It wants to be dealing with the issues that matter to our constituents. Our MLAs stood for election in May, and they sought a mandate from the people of Northern Ireland. That mandate was clear. I sat in TV studios in Belfast, I sat in radio studios in Belfast and I was interviewed by the print media in Belfast and made it absolutely clear that we would not nominate Ministers to an Executive until decisive action had been taken to address the difficulties created by the Northern Ireland protocol. There was no ambiguity on the part of my party about where it stood and the mandate that it sought.

I say gently to the hon. Member for North Dorset (Simon Hoare), the Chair of the Northern Ireland Affairs Committee that he may wish to punish us because we sought a mandate from the people for the stance that we are now taking, but I would like to see him, as Chair of the Committee, adopting a more conciliatory approach, as the right hon. Member for Skipton and Ripon (Julian Smith) did, which recognises the very serious concerns that Unionists have about the protocol. I am not prepared to nominate Ministers to an Executive where a Unionist Minister is required to implement a protocol that every day harms our place in the United Kingdom. It vexes me that the hon. Member for North Dorset does not get that. He does not understand it and has not sought to understand it. In my time as party leader, he and I have not had an honest conversation with each other about this issue. I would welcome the opportunity to explain to him why it is important to my party that it is resolved.

When I was elected leader of the DUP, I set out very clearly on 1 July 2021 the course of action that we would take. The Government published their Command Paper in July 2021. We welcomed the commitments that the Government gave in that Command Paper to address the real problems that the protocol has created. On the foot of that Command Paper, I outlined seven tests based on the commitments made by the Government of the United Kingdom—they were not tests that I had created—to address the problems with the protocol. That, again, was in July/August 2021.

In September last year, I again warned that if the Government and the EU were not able to agree on measures to resolve the problems created by the protocol, there would come a moment when it would no longer be tenable for my party to remain in an Executive. Why is that the case? In the New Decade, New Approach agreement, which was the basis on which devolution was restored, a number of commitments were made by all parties to that agreement. It is a fact that the one single remaining issue that has not been resolved, and which is a commitment by the UK Government in New Decade, New Approach, is restoring Northern Ireland’s place in the UK internal market. That commitment has not been delivered. That was made at the beginning of 2020 and we are now almost at the end of 2022, almost three years after we received that commitment from the Government, and it has not been delivered.

I welcome the publication of the Northern Ireland Protocol Bill. I believe that that Bill takes us in strides towards achieving the objective of restoring Northern Ireland’s place in the UK internal market, but it has not been delivered. The Bill is now sitting in the House of Lords, and we do not have a date for when Report will occur in the other place. We do not know what the timetable is for the Bill eventually gaining Royal Assent. It is and remains an outstanding commitment by the UK Government that has not been delivered, and that was the basis on which my party signed up to New Decade, New Approach.

Notwithstanding that, all the other main commitments are being delivered, including recently the Identity and Language (Northern Ireland) Bill, which was a key commitment made by the UK Government—and, I accept, others—in that agreement. That has been delivered, notably before the proposed date of the Assembly election. The Secretary of State has now quite rightly extended that date, because an election at this stage will not solve the problem.

That is what we are looking for: a solution. That is what we need. I say—again, respectfully—to the Chair of the Northern Ireland Affairs Committee that it would be good to hear him talk about solutions, rather than focusing on punishing people who have a real problem with the protocol and who have a mandate from the people who voted for them to take the stand that they are now taking.

[Jim Shannon]

On that point, that mandate was created in May of this year—a very clear mandate for the DUP to be the largest Unionist party. Since then, the opinion polls in Northern Ireland have shown a greater mandate for our party, because more and more people of the Unionist tradition and across Northern Ireland see the Northern Ireland Protocol Bill as the solution that will sort this matter out. If that does not happen, everyone in this House has to be aware that opinions are hardening, especially on the Unionist side, and they cannot be ignored.

[Sir Jeffrey M. Donaldson]

I thank my hon. Friend for his intervention.

I agree entirely with the right hon. Member for Skipton and Ripon: although the Government have not yet been able to deliver on their commitment to restore Northern Ireland’s place within the UK internal market, the biggest culprit in all of this is the European Union. The European Union was formed and founded on the basis that developing consensus in Europe was preferable in order to avoid conflict—that was its original concept. Two terrible world wars had absolutely destroyed Europe, with millions of lives lost, and there was a genuine desire on the part of many European leaders to develop a basis for working and co-existing together through consensus to avoid conflict.

The principle of consensus is central to this discussion. Since 1972 and the collapse of the then Northern Ireland Government, every single Government in this House have made clear that power can only be devolved to institutions in Northern Ireland on the basis of power sharing—a cross-community consensus. I was a Member of the Northern Ireland Assembly during the mandate from 1982 to 1986, and the hon. Member for Belfast South (Claire Hanna) will recall that the SDLP refused to take their seats in that Assembly. They did so on the basis that they would not enter any devolved legislature in Northern Ireland unless an agreement had been established on the basis of power sharing. That has been the case ever since: it is accepted that in a divided society such as Northern Ireland, only a cross-community consensus offers the basis for stable government. After the Good Friday or Belfast agreement, we worked hard from 1998 until 2007 to create the conditions in which that stable, cross-community, consensus-style government could be delivered, and it was created. For 10 years, from 2007 to 2017, we had a stable devolved Government in Northern Ireland, which then collapsed in 2017 when Sinn Féin withdrew.

It concerns me when people talk about the need to normalise politics in Northern Ireland—what does that mean? Does it mean majority rule? Does it mean excluding one section of the community? That fundamentally will not work, and I say that as a Unionist, part of a tradition that held the majority in Northern Ireland for very many years. Now, as the hon. Member for North Dorset has reminded us, we have three groupings. There is no majority in Northern Ireland, in the sense that although support for the Union remains the position of a majority of the people of Northern Ireland, the parties in the Northern Ireland Assembly that they vote for belong to three different political groupings: Unionist, nationalist, and other. However, the idea that an Executive can be created that excludes the largest grouping—the Unionists—simply does not wash.

If we are going to celebrate the 25th anniversary of the Belfast agreement, we have to accept and recognise that the principle of consensus is the way forward. As the Secretary of State acknowledged, that consensus on the protocol does not exist. On Thursday, I think, the Supreme Court will rule on the case that has been brought in relation to the Northern Ireland protocol. However, the High Court and the Court of Appeal in Northern Ireland have already ruled that the protocol supersedes article 6 of the Act of Union.

Article 6 gives the people of Northern Ireland the right to trade freely with the rest of this United Kingdom. It is the embodiment of the economic Union—this is not just a political Union, but an economic Union—and article 6 says to the citizens of Northern Ireland that they have the right to trade without barriers with the rest of the United Kingdom. As the High Court and the Court of Appeal have confirmed, the protocol creates barriers to trade between Northern Ireland and Great Britain. It subjugates the Act of Union. For us as Unionists, that represents a fundamental change in our constitutional status as part of the United Kingdom, yet we are expected to suck it up and operate political institutions that implement that change—that impose barriers to trade in our country. We are simply meant to accept that that is the way it is, but I am sorry, that is not the way it is. My party will not be in a position where it implements measures that harm our place in the United Kingdom and create barriers to trade with the rest of our country. We will not do that, which is why the protocol needs to be resolved. It affects trade.

I understand that His Majesty’s Revenue and Customs is proposing a pilot scheme, to be introduced in conjunction with Fujitsu, that would seek to digitise arrangements for checking the movement of goods between Great Britain and Northern Ireland. In other words, it would digitise the Irish sea border. Let me absolutely clear: the digitisation of the Irish sea border does not remove it. Tinkering around the edges of the protocol will not resolve the problems that it creates. The EU needs to understand that.

Last week, the Prime Minister spoke with great clarity when he was challenged on a story that appeared in The Sunday Times stating that the UK Government were prepared to consider the Swiss model as a way forward for our trading relationship with the EU. The Prime Minister said that the UK will not be aligning with EU laws. When we met him that evening, I reminded him that not only is Northern Ireland aligned with EU laws, but we are subject to them. Our ability to trade with the rest of our country is subject to legislation over which we have no control and on which we have no say. More than 300 areas of law govern the way we trade with the rest of the United Kingdom and we have no say on them.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

Thank you, Mr Deputy Speaker. It is always a pleasure to speak in the House, but this is a subject matter that we hoped we would not have to address or bring before the House. However, because we are where we are, we feel it is important to do so. My party has tabled amendments, which I believe demonstrate our concerns; we will do what we can to address those concerns, and also to show support for our community. I respect the fact that there are Members present from different parties and with different opinions. It is no secret that we differ on many things, but there is an understanding that we do what we can to represent our constituents, so I am very pleased and proud to be able to stand here and speak for my Ulster Scots, Unionist community of Strangford.

I will speak to some of the DUP amendments, particularly amendment 13. First, I want to make it clear that we in the DUP recognise the need for what we have in front of us today. It is not what we want, but we are where we are, and we have to recognise that. We believe in the right to take a stand for the political good, and unfortunately, the fundamental issue of the Northern Ireland protocol remains. The allowance for negotiations is also welcome, which is part of why the deadline will be extended by another six weeks, but it is important to remember that time is no object in this debate. The route to a resolution will come through an understanding of our conditions in relation to the Northern Ireland protocol.

The Bill in front of us is the Northern Ireland (Executive Formation Etc) Bill. We are here today because we do not have an Executive, and we do not have an Executive because of the protocol. We can talk until we are blue in the face—or until the cows come home, as we say in my neck of the woods—about the need to restore the Executive, but if Executive formation really is our purpose, we are wasting our time unless we address the issue that stands in the way of Executive formation.

In addressing the challenge of Executive formation—to which the Bill’s title refers—it is vital that we recognise that the imperative for finding a solution arises from the fact that the current arrangements cause the UK Government to violate international law, a situation that must be terminated as quickly as possible.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Mr Shannon, I will allow you to touch on the protocol, but not to go into detail on that.

[Jim Shannon]

I will move straight on, Mr Deputy Speaker.

Clauses 3 to 5 permit the exercise of Northern Ireland departmental powers by senior civil servants under guidance published by the Secretary of State. Our amendment 13 reinforces the importance of accountability to the people of Northern Ireland. Elected representatives have the power to legislate and make laws for Northern Ireland, and to be scrutinised and held very much accountable. The proposal sets out the framework relating to the choice to do something, why it was done and how it could be done. At the same time, it allows people to be liable to answer questions from MLAs and MPs. As policymakers, we are all subject to the same scrutiny and accountability measures. If legislation cannot be made in the Northern Ireland Assembly, those who are asked to do it are responsible for ensuring that there is robust and transparent reasoning.

The Northern Ireland Executive would be functioning were it not for the Northern Ireland protocol. The current arrangements are a clear violation of international law. Articles 1 and 2 of the Northern Ireland protocol are subject to the Good Friday agreement. It is important to remind ourselves of that, because we are all looking forward, for different reasons, to a future time. The GFA commits the state parties to uphold the right of the people of Northern Ireland

“to pursue democratically national and political aspirations”.

Articles 3 to 19 of the protocol are subject to the GFA and article 2 places an explicit obligation on the UK Government not to allow the impacts of the protocol to diminish the rights under the GFA. It is important to reiterate those things. I understand that everyone in the House is fully committed to maintaining the GFA.

The Northern Ireland Protocol Bill is due to be on Report in the House of Lords, and I urge that all is done to secure its smooth passage. Many comments have been made about the DUP’s decision not to nominate a Speaker during the period when we have had no Assembly, yet no consideration has been given to cross-community support for this Bill. The Unionist community, which we in this House and in this party represent, are very clear about where we stand on these issues. There is no community support for this. Residents from other constituencies have contacted me to thank our party for standing up against the Northern Ireland protocol. This is not a Unionist issue, but one that impacts the Northern Ireland economy and its place in the United Kingdom. It restricts our local businesses from having free-flowing trade and, most importantly, it subjects our constituents to red tape and undermines their right to trade with their United Kingdom neighbours.

As the hon. Member for Walthamstow (Stella Creasy) spoke at some length on this issue, for the record, the Government did a consultation in Northern Ireland, and 79% of the people who responded from Northern Ireland were against any changes in the abortion law in Northern Ireland. The people of Northern Ireland were asked for their opinion and when the Government got their opinion, they ignored it. She does not care, of course, about the opinion of 79% of the people in Northern Ireland, but we already knew that. Opposition Members will know of our opposition to amendment 11, which was not selected. We are here to represent and speak for the 79% of people who objected to that.

I note with interest amendments 1 to 4 from the hon. Member for North Dorset (Simon Hoare) on MLA pay. I reiterate that we cannot stress enough that the notion that we might be moved back into government for monetary reasons is grossly misjudged. My right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson), the leader of our party and of our DUP group here, clearly said that we will not be bullied.

[Simon Hoare]

Let me rehearse the arguments. This is nothing to do with bullying, or whatever; it is about demonstrating a sense of fairness to taxpayers, so if people do only 50% of the work, they get only 50% of the pay. That is it.

[Jim Shannon]

The hon. Gentleman gives us his opinion. My opinion is clearly very different: we will not be persuaded, bullied or coerced—whichever way people want to put it—into something. As far as we are concerned, we have an objective that we want to achieve and a mandate from Northern Ireland, and we will deliver on our mandate.

[Ian Paisley]

Can my hon. Friend explain how removing the salaries of some MLAs will suddenly make the Assembly work, when under the terms of the Belfast agreement, which the hon. Member for North Dorset (Simon Hoare) obviously supports, we cannot have a working Assembly unless Unionists are part of it? I fail to understand the logic of that position. Does my hon. Friend understand it?

[Jim Shannon]

In the Unionist community that we represent, people are clearly not persuaded by the actions that have been taken. As their elected representatives in this House, we feel very strongly about the matter, and so do their representatives back home.

The existential threat to Northern Ireland is the root of the entire issue. The problem that other parties have is that the DUP is taking a principled stand against an issue that has proven detrimental to Northern Ireland. It should not be an issue that sends Northern Ireland back into the past and divide Stormont down the middle. The DUP has remained strong and certain on the protocol, and there are no plans to dodge the issue of MLA salaries.

[Ian Paisley]

Will my hon. Friend take the opportunity to reflect on the points that Front Benchers on both sides of the House have made about the Dublin criminal trial? Does he agree that if the current crisis were not going on, the trial would be an equally huge and significant crisis for the body politic not only of Northern Ireland, but of the Republic of Ireland? The Government really need to prepare themselves for the tsunami when the verdict eventually comes.

[Jim Shannon]

I thank my hon. Friend and colleague for reminding us of that important factor, which cannot be ignored. The leader of Sinn Féin across all Ireland, north and south, is a Member for her political party down south and has jurisdiction through her party in Northern Ireland as well, so what happens in Dublin will clearly have an impact on Northern Ireland. I therefore believe, like my hon. Friend and others, that we cannot ignore the issue in this House. That is the point that I think he was making, and I concur totally.

The DUP was proud to table new clause 7, but it was not selected for debate. It would have changed the date of the local government elections in 2023 to take into consideration the King’s coronation celebrations. Because Northern Ireland elections are conducted under proportional representation, counting takes significantly longer than is normal in other parts of the United Kingdom.

[Stephen Farry]

May I put it on the record that my party agrees with the DUP on the issue? There may well be some degree of consensus on a pragmatic reform to take into account the need to respect the coronation and respect the elections in Northern Ireland. I hope that that gives the Northern Ireland Office a hint.

[Jim Shannon]

Well, we have a consensus! I am pleased to hear that the hon. Member and his party concur with our opinion, so I hope that when the Minister of State replies to the debate he will give us a positive answer. It is important because if 4 May remains election day, the results will extend into coronation day. That is the very nature of what will happen back home, so it must be changed to ensure the public participation of candidates, the electoral office staff, who are an important part of it all, and the party supporters attending count centres. I urge the Government to take our proposal into immediate consideration for the sake of the celebration of the King’s coronation, and I thank the hon. Member for North Down (Stephen Farry) for his support.

The amendments that the DUP has tabled are for the greater good of Northern Ireland and our economic and constitutional position within this great United Kingdom. We hope that the Government will listen to us. They must be assured of our stealth and determination in regard to the damaging effect that the Northern Ireland Protocol Bill is having on Northern Ireland.

[Mr Deputy Speaker (Mr Nigel Evans)]

We now come to the wind-ups.