European Union (Withdrawal Agreement) Bill

Luke Graham Excerpts

2nd reading: House of Commons & Programme motion: House of Commons
Tuesday 22nd October 2019 Commons Chamber

[Mr Grieve]

I am grateful to the hon. Lady for that, and I was coming on to the issue as my next point, because the other big impact of this legislation is on Northern Ireland. Of course, there is a lock mechanism, and I listened to my right hon. Friend the Prime Minister, who said that it could “melt away” if there was a double majority—of both communities—to remove it in four years’ time, although that does mean that for four years Northern Ireland is locked into arrangements that the Government have decided are not desirable for the rest of the United Kingdom. But what was glossed over is that article 13.8 of the Northern Ireland protocol makes it clear that any future arrangements thereafter are a matter for negotiation. So the suggestion that we can get a satisfactory free trade agreement for ourselves and then insist that Northern Ireland be included within it is simply wrong.

I have to say that as someone who has always seen himself as a modern Unionist, wanting to recreate or help to develop the Union of the United Kingdom in slightly different ways from those traditionally stated in relation to both Scotland and Northern Ireland—I have family coming from both—this matters to me a lot. It seems to me that this is an extraordinary move for a Unionist party to make, because the reality is that the more we detach ourselves, through our own free trade or whatever other routes we take, or if we crash out, the greater the difference we are going to emphasise, and the stronger and harder the border down the Irish sea will be. There may be some in Northern Ireland who welcome that, for perfectly valid reasons of their own, but for Unionism this is a very odd thing to do. In the Scottish context, it raises a perfectly clear grievance, whereby Scotland would say, “If Northern Ireland can have these arrangements, why cannot we?”

[Luke Graham (Ochil and South Perthshire) (Con)]

I have listened to the right hon. and learned Gentleman’s speeches for a great deal of time and have a lot of respect for him, but on this issue I disagree with him. I ask him to reflect on the parallel he has just drawn between Scotland and Northern Ireland. Northern Ireland is a war-torn Province that has been subject to a civil war, and it is completely irresponsible for any politician to draw a parallel between Scotland and Northern Ireland in this context. Northern Ireland has a very specific history; it is subject to treaties to maintain peace on the island of Ireland. That is why it is having special treatment, and it is why Unionists support that and are trying to work so hard to have a deal that works for all parts of the United Kingdom, but it is not equivalent to Scotland.

[Mr Grieve]

I value my hon. Friend and neighbour—in terms of our rooms—far too much to ignore what he has to say, but I have to say to him that my Unionism extends to Scotland in a very big way, and I think he knows that. Admittedly one can make powerful arguments to the contrary on this, as indeed he and his colleagues have done—it is such a pleasure to have them here as dotted Conservative representatives from north of the border. That has given me such pleasure, but we cannot ignore the arguments that will be made by those who disagree with us. I simply make the point that I think I know enough about the situation to see that that argument is going to be made in a context where, on the evidence of the 2016 referendum, a majority in Scotland wanted to remain.

It is not that Scotland is the same as Northern Ireland—I wish to reassure him on that point. There are exceptional features to Northern Ireland, but I simply say that we, as a Unionist party, are creating an extra layer of difficulty for ourselves, which we will have to argue our way through. Of course, that may be an inherent consequence of Brexit; it is one reason why I regret so much the 2016 result, although I acknowledge that we cannot ignore it. However, I have suggested repeatedly—I will not go over this now—that there is a better way of trying to address this issue: by going back and getting confirmation that this is what people really want, because of the nature and consequences of what we are about to do.

My final point is about why I will vote against this Bill on Second Reading. I might have abstained otherwise, but I very much regret the programme motion, which is treating the House in an insulting way. It also says something about this Government that worries me. I am a Conservative—even though I have lost the Whip I remain a Conservative—and to see a Government, on a constitutional measure, playing bully-boy tactics with this House can only be counterproductive to the very aims they would like to achieve. This is not the quiet government I came here to try to deliver, and I therefore regret very much that I will vote against the programme motion and against the Government on Second Reading.

--- Later in debate ---

[Sammy Wilson]

I am glad of that intervention, because it brings me to the very next point that I wish to make, on the issue of sovereignty. Although the Prime Minister has claimed that what the hon. Gentleman says is the case, the withdrawal agreement makes it quite clear that it is not. According to article 5, paragraph 1, that access will be available only depending on whether the agreement or trade deal conflicts with EU protocols. It must not conflict with the protocols in the agreement. It says:

“provided that those agreements do not prejudice the application of this Protocol.”

Those are the only conditions under which we can take part in the free trade arrangements that the Government may set up with other countries.

On the issue of sovereignty, we are part of the EU regulations, we are part of the EU customs code, we have checks down the Irish border, and we are subject to any future trade deals on which the United Kingdom agrees, subject to whether they conflict with EU protocol. The Prime Minister said, “Oh, but it will all dissolve if there is a free trade arrangement that allows it to be dissolved.” But again, it has been made quite clear that it is only if the EU agrees to release us from the protocols that we can take the benefits of that free trade arrangement.

[Luke Graham]

Will the hon. Gentleman give way?

[Sammy Wilson]

I will not give way, because I have very little time.

That is the issue of sovereignty. Northern Ireland will be left as a semi-detached part of the United Kingdom. In the long run, of course, the whole focus of attention will move from Westminster to Dublin. Who will speak for us in Europe when these regulations come through? Who will speak for us in Europe when the customs rules are affecting us? It will not be the UK Government. Increasingly, the focus will be on the Dublin Government.

The second argument is that we can vote our way out of the arrangements. The mechanism for voting our way out of them is now a simple majority vote. I never thought that I would hear a Prime Minister who has insisted that we adhere to the rules of the Belfast agreement suddenly bring up its central premise in this way. The first issue that was addressed in the Belfast agreement was what kind of checks and balances should be in place to protect both communities when it come to the operation of the Assembly. The Belfast agreement said that, to give those protections and ensure that all sections of the community could participate and work together, arrangements would be put in place

“to ensure that key decisions are taken on a cross-community basis.”

There is no greater and no more divisive a decision than this issue of our relationship with the EU, yet the safety valve in the Belfast agreement has been taken away. The Prime Minister said, “Oh, it has been taken away because it is a reserved matter anyway.” These are not reserved matters. Indeed, the very reason why we have a whole section in the Bill about what the Northern Ireland Assembly can and cannot do is that they are devolved matters, yet on these devolved matters, and on this one issue in particular, the Government have agreed to take away the central principle of consent. That will do damage when it comes to the operation of the Assembly in future. We cannot be selective like that, and certainly not on an issue such as this.

I come now to the last issue. I nearly choked when the Prime Minister said, “Don’t worry about it, because all of these changes that will affect Northern Ireland will be light-touch. It is not really a boundary down the Irish sea; they are just light-touch regulations.” These light-touch regulations require firms to make declarations when they sell goods to another part of their own country and to pay duties for goods that come from a part of their own country, which incur costs. I would at least have had some respect had the Prime Minister said, “I have a deadline of 31 October. I have to get this round. I am therefore having to make concessions and, unfortunately, Northern Ireland is a concession, and you will understand that.” What I cannot take is a Prime Minister who thinks that I cannot read the agreement that has been published, and who thinks that I cannot see in that agreement what the impact on Northern Ireland will be—