European Union (Withdrawal Agreement) Bill

Karin Smyth Excerpts

Committee stage & Committee: 1st sitting: House of Commons & Committee: 1st sitting
Tuesday 7th January 2020 Commons Chamber

[Steve Barclay]

I am pleased that my hon. Friend signals from a sedentary position that he is content with that.

Ultimately, clause 1 will ensure that there is continuity in our laws during the implementation period and that our law continues to operate properly. It is therefore essential and must stand part of the Bill.

[Karin Smyth (Bristol South) (Lab)]

The Secretary of State has commented about the sovereignty of this United Kingdom Parliament across the whole United Kingdom. At all stages in the future, as marked out by the Northern Ireland protocol and the exceptions to this Bill, the people of Northern Ireland will be subject to European Union law for a long time into the future, as far as we can see, so it is not correct, is it, to say that the sovereignty of the entire United Kingdom will be placed in this place?

European Union (Withdrawal Agreement) Bill

Karin Smyth Excerpts

Committee stage & Committee: 2nd sitting: House of Commons & Committee: 2nd sitting
Wednesday 8th January 2020 Commons Chamber

[Thangam Debbonaire]

The hon. Gentleman is quite right. It is because of that uncertainty that many people in Northern Ireland have understandable fears about the future.

[Karin Smyth (Bristol South) (Lab)]

My hon. Friend is making an excellent point. We heard it again yesterday that the Government’s intention is for Britain to diverge from the European Union. If that is the case, as we are being led to believe, it is inevitable that there will be border checks somewhere. With respect to the right hon. Member for Old Bexley and Sidcup (James Brokenshire), there is absolutely no guarantee and no certainty. It is the Government’s wish to diverge that is causing this problem.

[Thangam Debbonaire]

My hon. Friend is absolutely right. I, too, sat through yesterday’s debate, and that seemed to be what was being said. The Brexit Secretary himself said that there will have to be some sort of checks, which is inevitable. If we are to diverge from the current rules and Northern Ireland is to remain within them, there will have to be checks. It is no wonder that the people of Northern Ireland are concerned about the potential impact on their place within this United Kingdom.

Businesses in Bristol West have already told me of their anxieties, as I said, but they had a right not to expect there to be border checks within the UK. Northern Ireland’s place is enshrined in the Good Friday/Belfast agreement, but this is not just about trade—that is why I mentioned the agreement. This is about people. It is about values. It is about hopes and fears for the future, and it is about the feeling of belonging. It is about relationships between and within communities.

There is a perception among some in Northern Ireland, as hon. Members have mentioned, that a border nobody voted for will be created within the United Kingdom down the Irish sea. A border in the Irish sea does not bring people together, as the Good Friday/Belfast agreement does; it divides people and pulls them apart.

Amendment 1 seeks to give the Government a way of renewing their commitment to the Good Friday/Belfast agreement by showing that they still believe in the Union—the full Union of the United Kingdom of Great Britain and Northern Ireland. The amendment would require them to report openly and transparently on the implications of the protocol for the movement of goods between Northern Ireland and Great Britain and vice versa, for the Northern Ireland economy, for the fiscal and regulatory compliance of goods travelling between Northern Ireland and Great Britain, and for barriers to trade for third-country goods entering Northern Ireland and Great Britain from the rest of the EU and third countries.

Amendment 1 would require the Secretary of State to publish a report and lay it before both Houses of Parliament and each devolved legislature, and to provide for debate and proper scrutiny in both Houses. The first report should appear before 31 October. I can see no problem with that. If there is no problem, as the right hon. Member for Old Bexley and Sidcup says, what is the problem with transparency? It would not take the Government very long to do that reporting, and our constituents and the people of Northern Ireland have a right to expect such transparency.

If the Government do not support amendment 1, I can only ask them to respond. Do they feel they owe it to the people of Northern Ireland to report sufficiently on the commitment they made earlier in this process to avoid a hard border? What is it about transparency and accountability to the people of the whole United Kingdom to which they object?

--- Later in debate ---

[Mr Walker]

I apologise, Sir Roger. I stand corrected.

I absolutely recognise the principle in the agreement on contentious domestic matters in Northern Ireland. We are talking about a consent mechanism that is being given to the Assembly uniquely in the case of an international agreement, because we recognise the importance of the issue. We also recognise the benefits of cross-community consent, which is why our approach would mean that a vote recurs more often if a decision is taken without that cross-community consent.

It is the responsibility of the Northern Ireland Executive and the Irish Government to develop consultation, co-operation and action within the island of Ireland—including through implementation on an all-island and cross-border basis—on matters of mutual interest within the competence of the Administrations north and south and not the responsibility of the UK Government. That is why clause 24 ensures that the UK cannot agree to the making of a recommendation by the Joint Committee, which would alter the arrangements for north-south co-operation. As the protocol ensures these aims and the Bill give effect to those commitments, I urge the hon. Members for Belfast South (Claire Hanna), for Foyle (Colum Eastwood) and for North Down to withdraw amendment 36 as it is not necessary to achieve the aims that it seeks.

[Karin Smyth]

rose—

[Mr Walker]

I will take the hon. Lady’s intervention, and then I will have to limit interventions.

[Karin Smyth]

I am grateful for the Minister’s comments on clause 24. I am a favoured, seasoned bureaucrat, and I do like a bit of transparency around governance and process. I am struggling to understand how the relationship works between the proposals from the Good Friday/ Belfast agreement bodies, particularly the North South Ministerial Council, to this specialised committee, which has no enforcement power but has an ability to recommend to the Joint Committee, which apparently has a supervisory power. We are not sure whether that body can then take action, or whether it just makes recommendations back to the North South Ministerial Council. We are in an ever-moving circle of recommendations, but with no action. The real concern with clause 24 is that it is in aspic in 2020. The ability to move on relationships seems to be lost, and the ability to do that with democratic accountability back to the people across Ireland and the United Kingdom is lost, and that is a serious governance point that the Government need to address.