Northern Ireland (Executive Formation etc) Bill

Karin Smyth Excerpts

2nd reading
Tuesday 29th November 2022 Commons Chamber

[Sir Jeffrey M. Donaldson]

Mr Deputy Speaker, the scope of the Bill is about the government of Northern Ireland. If the government of Northern Ireland cannot function because of the protocol, we need to identify the problems that the protocol is creating.

I say to the Secretary of State and the Government that I think the United Kingdom has been accommodating in its negotiating objectives, as have we. The UK Government and Unionists both accepted from the outset of the debate that there could not be a hard border on the island of Ireland. Let us really think about that for a moment. The United Kingdom accepted, and we accepted, that using the place where customs checks normally take place, which is on the international frontier, would be disruptive to the political process and to the co-operation required to operate the political institutions in Northern Ireland—and what did the European Union do? It pocketed that accommodation and drove for an Irish sea border that it knew full well would have the effect on the Unionist community that a hard border would have on the nationalist community. I say it again: I agree with the right hon. Member for Skipton and Ripon that the European Union has a responsibility to put right what was done wrong in relation to the protocol.

[Karin Smyth (Bristol South) (Lab)]

The right hon. Gentleman and I are both members of the EU-UK Parliamentary Assembly, which met recently to highlight our current problems. He and I may disagree on this, but it was the then British Prime Minister, the right hon. Member for Uxbridge and South Ruislip (Boris Johnson), who actually proposed the Northern Ireland Protocol Bill as a solution to the problem that the Government had got themselves into, and I think we should be laying the blame squarely there.

The issue, as was said in the Parliamentary Assembly and as we all know, is problematic now, but the real problem for future trust is the future relationship. We have still not heard from the UK Government—from one voice in the Conservative party—what sort of realignments, changes and newfound freedoms they want, and that is going to create more problems on the island of Ireland, for all communities. It would be helpful if we could hear from the Government how they see the future relationship operating once we get through the current one. We are not that far apart at the moment, but the fear is that we will be very far apart in the not so distant future.

[Sir Jeffrey M. Donaldson]

The hon. Lady has made an important point. Let me say at this stage that I applaud the Government for introducing the Northern Ireland Protocol Bill, because somebody had to do something. Somebody had to make the first move, and the Bill has at least brought the European Union to the point at which they are back at the negotiating table, and perhaps adopting a more realistic approach. However, we have yet to see that manifest itself in the form of agreement, and we need to see progress being made.

Why is progress important? Progress is important because coming down the track is a major piece of legislation which will, in my opinion, greatly exacerbate the current difficulty: the Retained EU Law (Revocation and Reform) Bill. Why will that exacerbate the problem? Because Northern Ireland will be excluded from large swathes of the Bill, as it is not possible to remove EU regulations in Northern Ireland that are linked to the protocol, the changes that will made to law in Great Britain will leave Northern Ireland further behind in terms of regulatory alignment within the UK internal market. This will greatly enhance the divide between Northern Ireland and Great Britain. It will lead to regulatory divergence. Therefore time is of the essence, but time is also of the essence because the EU is coming forward with new regulations every week, and those regulations apply to Northern Ireland.

Let me give an important example. The EU is proposing a new regulation on human organs and tissues, which will apply to Northern Ireland but not to Great Britain. What does that mean? It means that unless Great Britain adopts the changes that will be brought about by this new regulation, when Northern Ireland patients are hoping for organ transplants or blood transfusions, special blood products or organs will have to be brought from Great Britain. That presents us with a major problem. Because there will no longer be regulatory alignment between the rules on organ transplants in Great Britain and those in Northern Ireland, there will no longer be regulatory alignment in respect of the use of blood products coming from Great Britain for use in the health service in Northern Ireland. This regulation is coming forward: it has already been the subject of scrutiny by the European Scrutiny Committee in this House.

That is just one small example of how further EU regulation will cause Northern Ireland to diverge further from Great Britain, and will present real and practical issues that are about not just trade, but the health and wellbeing of every single citizen in Northern Ireland.