European Union (Withdrawal Arrangements) Bill

Judith Cummins Excerpts

2nd reading
Friday 6th December 2024 Commons Chamber

[Ms Creasy]

I thank the hon. and learned Gentleman for giving way. I hope he will recognise that it is not laughter on the Government Benches, but bemusement at the inconsistency. He opines about his anger that a third party can make law in Northern Ireland. Many of us tried to untangle the inconsistencies in the Rwanda legislation. The right hon. Member for Belfast East (Gavin Robinson) and I tried in vain to raise it with the previous Government. The critical issue was the right to remedy and the rights it gave people in Northern Ireland to petition a third party if they thought their Government was overbearing on their own basic rights. The hon. and learned Gentleman has himself used those rights: he has chosen to go to the Supreme Court and that is why we are here today. He has not chosen to go to the Court in Strasbourg—that would be his right and I would support him in doing so—but why would he deny the right to remedy to the rest of his fellow residents of Northern Ireland, as the Bill would, when he says he thinks it was wrong for that right to be protected by the European Court of Human Rights in the first place?

[Madam Deputy Speaker (Judith Cummins)]

Order. I remind Members that it is up to the Member who is on their feet whether they want to accept an intervention.

--- Later in debate ---

[Deirdre Costigan]

We disagree on that point, but I reiterate that I have read the Good Friday agreement from cover to cover.

The introduction of a cross-community requirement would only place enormous burdens on the Assembly, which has already struggled to function effectively in recent years. Adding another layer of complexity to the Assembly’s decision-making process risks further entrenching the situation, making it even harder to deliver for the people of Northern Ireland.

We must also consider the message that the provision sends to the people of Northern Ireland. By imposing additional barriers to democratic decision making, the Bill risks fostering a sense of disenfranchisement and disillusionment among the electorate. How can we expect the people of Northern Ireland to place their faith in the Windsor framework if institutions are being deliberately hamstrung by measures designed to perpetuate stagnation rather than to promote co-operation on this vital issue? The Windsor framework was carefully designed to strike a balance between competing interests. This Bill, by contrast, undermines that delicate balance, replacing pragmatic solutions with political posturing that serves no one.

There is an absence in the Bill of a clearly articulated framework to replace the existing regulatory mechanisms established by the framework. Under the current system, Northern Ireland operates within a dual regulatory sphere, giving it unique access, as I said. That arrangement, while complex, has provided a measure of certainty for businesses. They know which rules apply, how to comply with them and the benefits of adherence. The Bill removes critical aspects of the existing framework. That would create a vacuum, leaving businesses and regulators alike with more questions than answers, and the resulting uncertainty would of course threaten Northern Ireland’s prosperity.

That is before I get on to the fact that there is no clear timeline for the implementation of the Bill. It provides no road map, no phased implementation plan and no transitional support for affected parties. The Bill would therefore only create a chaotic environment in which businesses must prepare for the unknown, potentially leading to disruption, delays and financial losses. For small and medium-sized businesses that lack the resources to navigate complex regulatory shifts, the consequences would be devastating.

The regulatory uncertainty created by the Bill is not a minor oversight; it is a fundamental flaw that undermines its viability. Far from being a technical adjustment, the Bill is a destabilising force. At its core, it flagrantly disregards the principles of international law and the commitments that the United Kingdom solemnly made under the Windsor agreement. But perhaps the most frustrating aspect is that the Bill represents a colossal missed opportunity. Northern Ireland is uniquely positioned to thrive as a bridge between the UK and the EU, leveraging its dual market access to attract investment and drive growth. The Windsor framework, while not perfect, is a pragmatic solution that provides the stability and predictability necessary for that unique position.

Instead of building on that foundation, the Bill tries to tear it down, replacing a functioning system with chaos and division. It prioritises short-term calculations over long-term economic and social stability. Northern Ireland deserves better than this. Its people, businesses and institutions deserve a Government who legislate responsibly, with foresight and care, rather than rushing forward with reckless and ill-conceived measures.

This House has a duty to legislate responsibly, to weigh the long-term consequences of our actions, and to uphold the principles that underpin our democracy and our international commitments. This Bill fails on all counts. It is not simply flawed; it is fundamentally unfit for purpose.

I urge colleagues to reject this legislation and demand a more thoughtful, inclusive and workable approach to addressing the challenges facing Northern Ireland. Let us act not out of political expediency but out of genuine commitment to the people, businesses and institutions that rely on us to get this right.

[Madam Deputy Speaker (Judith Cummins)]

I call the shadow Minister.