Northern Ireland Protocol Bill

Debate between Karin Smyth and Peter Kyle

Committee stage
Wednesday 13th July 2022 Commons Chamber

[Peter Kyle]

I will make some progress, because I know that many of the Members who are now seeking to intervene will be making speeches, and I look forward to those.

The legislation before us today flies in the face of our values as a country, and those that many of us used to associate with the Conservative party. It will break international law, and in so doing will damage our reputation with our closest allies; and for all that damage, we get so little benefit. The Bill will not move us forward one iota in addressing the long-term challenges facing the trading circumstances of Northern Ireland while respecting the unique circumstances that have delivered peace, stability and progress in the years since the Belfast/Good Friday Agreement was signed.

The Government’s stated preference is still a negotiated solution. However, at the very beginning of the Bill, clause 1(a) states:

“This Act…provides that certain specified provision of the Northern Ireland Protocol does not have effect in the United Kingdom”.

Unilaterally changing an international agreement does not further negotiations. With months of falsehoods, sleaze and squalor, the Conservative party has brought the Government into disrepute. Now they are in danger of bringing our country into disrepute as well.

Even worse, Northern Ireland is again being used as a plaything in the Conservative leadership contest. The Foreign Secretary, who is supposed to be leading negotiations with the EU, is instead parading her inability to reach agreement with it as a key reason for people to vote for her. Multiple contenders have now said that they are willing to leave the European convention on human rights, which would be a straightforward and outright breach of the Belfast/Good Friday agreement that they all claim to cherish.

Yesterday I read an extraordinary article in The Times, written by the current Attorney General. This Bill is legally contentious, and it is the Attorney General who provides the legal basis for it. Her advice is supposed to be impartial, yet she wrote:

“The Northern Ireland Protocol Bill needs to be changed so that it actually solves the problem. That means VAT, excise and medicines should be under UK law from day one—currently they are not. The bill’s ‘dual regulatory regime’ lets EU law flow into Northern Ireland in perpetuity. We need to sunset that and provide a mechanism for moving to Mutual Enforcement. Otherwise we’re giving Brussels a legislative blank cheque. These are all changes I’ve been fighting for while in government. Without them, the bill treats people living in Northern Ireland as second-class citizens.”

We have collective responsibility in this country: one Cabinet Minister speaks for all. Will the Government be taking forward the amendments that the Attorney General has suggested because she represents collective responsibility? Can publishing these views as part of a leadership pitch be reconciled with the duty to give impartial advice on this Bill? And can we trust the previous advice she has given, which seems contrary to so many expert views? These questions should all be answered before the Government proceed with this Bill.

This lamentable, unprecedented situation underscores the sheer irresponsibility of a caretaker Government proceeding with a Bill of this nature. It is contentious, it has become a political football in a surreal leadership contest and it breaks a manifesto pledge. Today marks one new low, even for this rule-breaking, convention-trashing Government.

[Karin Smyth]

My hon. Friend is making some excellent points. I want to refer him back to the point made by the hon. Member for North Down (Stephen Farry) about the illogicality of the Government deciding that one party should go back into the Assembly. Does my hon. Friend agree that that might not stop in the future, and that another party could come to the UK government and say, “We will go back and we will want something from you.” What would the Government say then? Being bipartisan has been an important part of our history in this House, both in ignoring Northern Ireland since 1920 and then in trying to do something about it. Does my hon. Friend agree that the point about one side being adhered to was a useful one?