European Union (Withdrawal Arrangements) Bill

Joe Powell Excerpts

2nd reading
Friday 6th December 2024 Commons Chamber

[Jim Allister]

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

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

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

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

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

[Jim Allister]

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

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

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[Peter Dowd]

The bottom line, in my view and that of many other people, is that it has not been breached. I completely accept that the hon. and learned Gentleman takes a different view, but I do not believe that it has been breached, and there are better legal brains than me who agree.

The Windsor framework was in turn realigned through the “Safeguarding the Union” paper of January 2024, which the hon. and learned Gentleman referred to, and the Stormont brake mechanism and the provisions contained therein for the Northern Ireland Assembly to approach the UK Government in relation to the application of EU laws. I read the Windsor framework time and time and time again, as I suspect all Members in this Chamber did.

[Joe Powell]

North-south co-operation between institutions in Northern Ireland was a vital component of the Good Friday agreement, so I thank my hon. Friend for making his point about treaties, because the Bill, which I have read, in clause 14 makes it possible to disapply protections in the Windsor framework for north-south co-operation. Would my hon. Friend reflect on why disapplying the role of north-south co-operation would be consistent with the intent of upholding the Good Friday agreement? That is a relevant point for him to reflect on.

[Peter Dowd]

That is a really good point, and I am pleased we are having this debate, because these are the points we need to consider carefully when we look at these issues and figure them out. It is an excellent point; I think we will all reflect on that, and I hope the hon. and learned Member for North Antrim and hon. Gentleman across the Chamber reflect on it. It is important to note that the protection of the Belfast agreement was paramount and that was there to reassure the communities of Northern Ireland. I hope that this debate continues, notwithstanding some of the points that the hon. and learned Member for North Antrim made, so that people understand that we are here to reassure as much as we can.

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[Deirdre Costigan]

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

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

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

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

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

[Joe Powell]

My hon. Friend is making a powerful point about trade. Does she agree that the ripple effects from disapplying the Windsor framework would hit all of us, including constituencies such as mine that are looking forward to the Government’s priority of resetting our relationship with the EU and finding practical solutions on, for example, a veterinary agreement, which would help deal with some of the problems that Opposition Members have raised and on which we have had some degree of consensus in the House today?

[Deirdre Costigan]

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

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

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