Northern Ireland

Paul Girvan Excerpts

Monday 26th February 2024 Commons Chamber

[Carla Lockhart (Upper Bann) (DUP)]

In my approach to the Humble Address, I hope it is in order, by way of introduction, to comment on the “Safeguarding the Union” Command Paper. It has been a very wide-ranging debate, so I assume that that is appropriate.

I acknowledge those within my party who have worked hard to improve the unacceptable situation that we found ourselves in. I welcome provisions including, among other things, the monitoring committee, the East-West Council, the new provisions on rest-of-world products, and the UK Government’s commitment to stand by Northern Ireland in the absence of a resolution on veterinary medicines. The DUP has unfortunately had to take steps, for which it is often criticised, to address the far-reaching implications of the protocol. We have often been blamed for many of the problems that have flowed from that unforgivable move on the part of our Government back when the iniquitous protocol was implemented. I welcome the improvements but, as has been said, there remains much work to be done. I, along with colleagues on the DUP Bench, am all too aware of the work that lies ahead.

I, too, take this opportunity to raise issues of which the Secretary of State will be very aware, including horse movements from GB to Northern Ireland and vice-versa, rare breeds and plants, and so on. All those issues have been raised with me in my role as agriculture spokesperson. I look forward to the engagement that has been promised and to getting results on those issues.

Part of the answer lies in the text of the Humble Address, which tells us that the economic provisions provided by article 6 of the Acts of Union are of “foundational importance”. That is absolutely correct. In the 21st century, being part of the same country means being part of the same internal market, which means that goods can flow freely within it without encountering border control posts, demanding customs, and SPS paperwork and checks that increase costs and can make the difference between whether a domestic economic venture is viable or has to fall by the wayside. Having the right to border-free access within the internal market of the country of which we are a part is certainly, from the vantage point of today, a basic right of economic citizenship.

The really odd thing about today is that although we are gathered here to affirm that article 6 and the rights that it confers are not only important but are, in the words of the Humble Address, of “foundational importance”, on 8 February 2023, paragraph 68 of the Supreme Court judgment ruled that they are in part suspended. We cannot withdraw, even temporarily, anything that is foundational without inviting the structure that it supports to topple, or ensuring that it does so. Part of the partial suspension of the economics provisions under article 6 results in Northern Ireland being cut off from the rest of the UK through a customs border that has to be crossed, whether it is approached through the red lane or the internal market system.

The alternative border experience for customs that constitutes the UK internal market system is actually defined by the Commission delegated regulation EU 2023/1128, which my right hon. Friend the Member for East Antrim (Sammy Wilson) referred to earlier. The formal EU description of that regulation is:

“amending Delegated Regulation (EU) 2015/2446 to provide for simplified customs formalities for trusted traders and for sending parcels into Northern Ireland from another part of the United Kingdom”.

The provisions thus simplify customs formalities, but do not remove them. Rather than removing those movements from the remit of the EU customs code, they have the effect of amending how the EU customs code deals with them.

It is quite extraordinary that the UK Government agree that movements of goods within the United Kingdom should be subject to a border imposed by 27 other states that regulate movements from one part of our country to another through their customs code, regardless of how demanding or undemanding that code is.

[Paul Girvan (South Antrim) (DUP)]

I thank my hon. Friend for highlighting that point. Many goods ordered online and delivered from a GB company make their way into Northern Ireland after being shipped into Dublin at night, so the members of the public who order them have to pay customs to the Republic of Ireland for goods that are to be used within the United Kingdom. That is another area that has not yet been addressed and needs serious consideration.

[Carla Lockhart]

I thank my hon. Friend for making that valid point. The Minister will, in his new role, be extremely busy in dealing with the many remaining issues.

Some might say, “Well, if the EU sought to change the customs code to increase the demands on trusted traders, we could refuse to accept the change.” That goes to the heart of the matter. If we were prepared to refuse such a change from the EU under those circumstances, why would we accept them under the current circumstances, through arrangements that involve the partial disenfranchisement of 1.9 million UK citizens who can no longer stand for election to make all the laws to which they are subject and, under the brake, must instead make do with the right to stand for election to try to stop laws already made for us by a foreign Parliament?

The truth, as was pointed out in the other place, is that the Windsor framework is an invalid treaty. There are rules about what makes a treaty valid or invalid, and one of the most basic is respect for the territorial integrity of states, which involves states renouncing claims to make the laws of other states. The Windsor framework involves 27 states refusing to recognise the territorial integrity of the UK, seeking to divide our country in two, and then claiming the right to make some of the laws for part of our country. In that context, the UK Government should declare the treaty void, and, acting on the determination set out in this Humble Address, declare that article 6 is of foundational importance, and look for the earliest opportunity for Parliament to un-suspend—and thus fully restore— article 6, so that the people of Northern Ireland are not alienated, however temporarily, from any aspect of this provision, which is, as the Humble Address rightly acknowledges, of “foundational importance”.

Many in Northern Ireland have welcomed the restoration of the Northern Ireland Assembly and its ability to deal with health, education and infrastructure. I, for one, will raise many of those issues with our colleagues in the Assembly. I trust that we will see much change in those issues, which have a daily impact. However, we must not paper over the cracks. There remains much work to do. This has been a sensible debate that has allowed many issues to be raised constructively. I look forward to engaging with the Minister on many of these matters.