(2 years, 1 month ago)
Commons ChamberI would be interested to hear how the Minister has pandered to the DUP on this Bill. We have highlighted that what was agreed in New Decade, New Approach is not in it and we have shown him where the imbalances are, and I would like to see where he believes he has balanced towards the point of view that we have expressed in this debate or in the discussions we had with him earlier.
Those are the introductory remarks I want to make. Let me come to some of the amendments and explain why they are necessary. We have asked for an amendment to clause 1, in amendment 27, to ensure that the views of the First Minister and Deputy First Minister are taken into account by the commissioners. Why is that necessary? It is necessary for one particular reason: once commissioners are appointed, if there is no accountability and no restraint or rein on those commissioners, they will be able to do what they want without any political accountability. They could recommend and introduce measures that could have huge political consequences and cause massive political division, annoyance and costs. If they are not subject to the First Minister and Deputy First Minister acting jointly, there will be no restraint on them.
One thing the Minister can be absolutely sure of is that he is not going to get anyone applying for these posts who does not feel strongly about these issues. In fact, these posts are going to attract people who are zealots, who believe in what they are being asked to do and who want to promote what they are being asked to promote. If they are left unrestrained, he can be sure that they will be making recommendations, giving guidance and making demands that will cause difficulties to the people who have to adhere to them. And of course they will want to build their impact. That is why it is important that there is some accountability and some political restraint on them. For positions such as these, we cannot allow somebody to be appointed who has no curtailment upon them.
The second amendment I want to address is the one about the powers of the commissioner. It follows from the first amendment that I have spoken about, because not only are we going to have commissioners who will have no political accountability if we do not require them to act in response to the First Minister and Deputy First Minister acting jointly, but when they obtain those positions, there will be an unequal balance in their powers. The Irish language commissioner can issue guidance, look at best practice, listen to complaints about what people want and then make recommendations to which public bodies will have to show due regard. It is not that the public bodies should do so or might do so; they must do so. They must show due regard to the issues that come from the commissioner’s office. In the case of the Ulster Scots commissioner, there are no such powers. The Ulster Scots commissioner can issue guidance, to which public bodies may or may not show due regard. They might decide to act on it, or they might not. If they do not decide to act on it, people can complain. What will the commissioner do? The commissioner will write a report to say that they have not acted on it.
This becomes even more important when one asks who the chief offenders are when it comes to ignoring and abusing the likes of councils or public bodies and discriminating against the views of one side or the other. The leader of my party has already given examples. At Stormont, when we wanted to celebrate the Queen’s jubilee, we could not even plant a rose bush. When we wanted to commemorate the anniversary of Northern Ireland, we could not even put a stone in the ground. That was a result of a decision by a bigoted Sinn Féin Minister who had control of the grounds of Stormont and refused to give any recognition to what Unionists regarded as their heritage and their culture.
Let us contrast that with what happened when the Gaelic Athletic Association wanted to commemorate its 125th anniversary. I have great reservations about the GAA, especially given the fact that it names clubs after murderers. I was in the same position as Conor Murphy was when the GAA asked to plant a tree in the grounds of Stormont to commemorate its 125th anniversary. I did not agree with the GAA and I had many reservations about the way in which it behaved, but I accepted that it was part of the nationalist tradition and the nationalist sporting culture and without hesitation I gave it the permission to do so.
It is the same across Sinn Féin-dominated councils and nationalist-dominated councils in Northern Ireland—in some cases the SDLP went along with Sinn Féin rather than stand up against it—where money was refused to community groups to celebrate the Queen’s jubilee and the anniversary of Northern Ireland, statues were taken down, windows were removed and emblems were taken out of council chambers. What would the purpose of a commissioner have been in those circumstances, if they had been afforded the same powers as those being afforded to the Irish language commissioner? That commissioner would have had the ability to go to those councils and require them to recognise the Unionist culture and heritage and then require them to behave in a way that gave recognition to it. This Bill does not give the commissioner for the Ulster Scots and Ulster British tradition the power to do that, but it gives the Irish language commissioner the power to go to Mid and East Antrim Borough Council in my area, for example, and dictate that it must spend money on the Irish language even if that is not wanted by the council or by residents.
My right hon. Friend mentions putting up a stone or memorial, or planting a rose bush, to commemorate the centenary of Northern Ireland. A complaint was lodged by those working in the Northern Ireland Office about a picture of the Queen hanging on the wall, asking that it be removed. The Northern Ireland Office, a Department run by this Government, actually wants to remove the Queen’s painting or photograph from its work environment, which proves how unfair it is.
(2 years, 5 months ago)
Commons ChamberI welcome this Bill, which is long overdue. It delivers on some of the promises that were made to get devolution restored in Northern Ireland but on which no action has been taken for the last 18 months. It is important for people to understand that it is essential for the restoration of devolution in Northern Ireland that the protocol issue is dealt with. That is because the very basis of devolution in the Belfast agreement is destroyed by the protocol. Unionist parties believe that the protocol is designed for the destruction of our place within the United Kingdom, that it is damaging our economy and hurting individuals, and that if the Assembly is up and running and the protocol is not dealt with, Unionist participation in the Assembly would mean that we had to facilitate the implementation of the agreement and acquiesce in other parties facilitating and implementing the protocol, which we believe is designed for our destruction. No other party in this House would enter a coalition arrangement—don’t forget, this is a mandatory coalition; we have to be there—where it was obliged to support, facilitate and undertake policies to which it was totally opposed. That is why devolution will not be restored until the protocol issue is dealt with.
Much has been said today about having flexibilities in the checks on goods, but it is not just about that. The whole issue of the protocol is that it undermines democracy in Northern Ireland. It imposes foreign law on Northern Ireland and on companies that do not even trade with the EU. It is not necessary for them to comply with that law, yet the protocol requires them to do so.
It is worth noting that not one Unionist party has approved the protocol. We are all united against it. The protocol has virtually created an economically united Ireland, and the EU is party to driving that forward with the Republic of Ireland in the negotiations, which has created a major problem. Not one constituency in this Parliament does not have people who are finding it difficult to supply goods to businesses in Northern Ireland.
My hon. Friend makes an important point. Only the Social Democratic and Labour party has suggested tonight that there are no problems with the protocol. Every other party now accepts that, to one degree or another, there are problems caused by the protocol, which is one of the issues we have faced in these negotiations. The Irish Government, through their Foreign Minister, have patronisingly come to Northern Ireland to tell us, “You don’t really know what you’re talking about. There isn’t a problem.” Of course that has fed through to the EU negotiators, which is one reason why it is important that we have this Bill.
I have listened to Labour Members ask, “What about article 16?” The first people to squeal if the Government had invoked article 16 would have been the Labour party. The hon. Member for Walthamstow (Stella Creasy) talked about consulting the people of Northern Ireland, but she did not care too much about consulting on abortion. Now she is, as a Labour Member, appealing to the toffs down the other end of the building to defeat this Bill.
(4 years ago)
Commons ChamberAs the hon. Member for Harwich and North Essex (Sir Bernard Jenkin) pointed out, one of the most important principles of the United Kingdom is to have a common market and trade between the different parts—that is where the prosperity that attracts people to be part of the United Kingdom comes from. My view, which I have expressed in the House many times, is that the withdrawal agreement undermines the United Kingdom’s economic integrity as well as of course undermining its constitutional integrity, because as a result of the withdrawal agreement part of the United Kingdom will now have its laws made in Brussels and not in London or, indeed, in Belfast. That is why I believe this internal market Bill is so important. First, it ensures that standards within the UK internal market are maintained and that each part of the United Kingdom, for maybe very selfish, very parochial and even very temporary reasons, may want to make differences in its laws, regulations and standards, and, in doing so, damage not only the internal market but their own markets as well.
When it comes to the controversial clauses, I believe that the Lords have done a great disservice to Northern Ireland. I believe, as someone has already pointed out, that they are strong on assertions but very poor on arguments. The withdrawal agreement, while it promises unfettered access, while it promises that Northern Ireland will remain part of the UK customs territory, while it promises that the integrity of the United Kingdom will be maintained, in reality means that we will finish up with a plethora of trade barriers. We will finish up with laws made that are different from the laws in the rest of the United Kingdom. We will finish up with Northern Ireland being part of the EU single market, rather than the UK internal market.
Does the withdrawal Act that has been put forward or the Northern Ireland protocol included in this Bill not send the message to those who are from the Unionist community, “Your views do not matter, but appease those who are nationalist and republican, and who are only interested in their links with the Irish Republic. Europe has done us a disserve in not giving us free access to both the Republic of Ireland and the UK, and forget about the links we have with the United Kingdom”? That seems to be the message they are sending.
Any agreement that means laws can no longer be made in the United Kingdom, and puts economic barriers between ourselves and our main market, is bound to be a change in the position of Northern Ireland that is totally contrary to the Good Friday agreement, which requires consent.
Some have argued that the Bill puts a safety net in place and that some of the aspects—only some of the aspects; I have to make that very clear—of the withdrawal agreement which could damage the Northern Ireland economy can be countered through the measures in the Bill. That, by the way, is totally in line with the withdrawal agreement itself, which allows the UK Government to act unilaterally where there is economic or societal damage done by the withdrawal agreement. The right hon. Member for Doncaster North (Edward Miliband) said, “Well, there you are. You’ve got your assurance in the withdrawal agreement.” But all the withdrawal agreement states is that the Government will have the right to act unilaterally. They must have the means to act unilaterally. The provision in this Bill gives them the means to act unilaterally. Ministers, notwithstanding what is in the agreement, can make new regulations and new laws that protect the Northern Ireland economy and the Northern Ireland market. That is why it is so essential to have these provisions.
What disappoints me is that we now have the Prime Minister today saying, “By the way, once we have a negotiated settlement and the work of the Joint Committee, then we can withdraw this.” That fails to recognise the nature of what we have entered into. The safety net is there not just for a one-off event, but because we will be continually walking the withdrawal agreement tightrope. Northern Ireland is still going to be subject to the rules of the internal market. Indeed, the withdrawal agreement makes it quite clear that the work of the Joint Committee will go on and on. At any stage, EU officials could demand that checks be placed in Northern Ireland and that UK officials would have to adhere to that. If those demands become unreasonable, we will then need a safety net. If we need a safety net, we do not need it until these negotiations are over. We need it while any part of the withdrawal agreement and the Northern Ireland protocol is in place.
I would therefore like an assurance from the Minister that if the Government intend to withdraw the safety net—if negotiations turn out fine this week—what protection will there be for Northern Ireland from the depredations of the withdrawal agreement in the future? That is important. I believe that this Bill is essential. The Government owe it Northern Ireland, having signed a disastrous agreement this time last year. If the integrity of the UK is to be maintained, the provisions in this Bill and, indeed, other provisions will be necessary.
(4 years, 5 months ago)
Commons ChamberI am a great Unionist. I believe that we are part of the United Kingdom and we should be working together to ensure that we get the best bang for our buck, to use an American term, as a United Kingdom. That is vital.
We already have protection in some areas. I come from an engineering background. We lead the world in electrical standards. Many other countries manufacture a lot more, but we lead in electrical safety. We set those safety standards. We make sure that goods coming into our country are made to those standards. Sony makes the monitors that we have in the Chamber. It makes specific monitors that are only for the UK, because we have such stringent electrical standards. It has the flexibility to do that. There are farms in Europe and throughout the world that make food to sell into our market that is bespoke, just to suit our market. That can be done, and it is being done. I want to make sure that we give our farmers and our industry an opportunity to export on to the world stage, so that our product is sold. We can use this Bill to do that.
Northern Ireland farmers export to 70 countries in the world, many of which have lower standards than the rest of the United Kingdom. The goods are valued because of the standard of the product. Apart from the fact that there will be a requirement to change primary legislation, is that not yet another indication that there is no incentive for us to lower standards, because we would lose those markets that we are exporting to?
I agree with my right hon. Friend. We do not want to lower our standards. We do not want a race to the bottom. We want to bring others up to the standard that we have set. We have set the bar fairly high, but by setting the bar so high, we have additional cost, which makes it more difficult for us to compete on the world stage. It is vital that we address that through whatever measures we have to put in place, with subsidy for our farming, to ensure that our product is still viable and economically possible for the housewife to buy—I used the wrong term; I apologise. We have to ensure that those who are buying their basket of fruit in a supermarket will be able to get the best value for it.
I support the Bill, but I also support new clauses 4 and 7, because they address some of the concerns that we as a nation have and Northern Ireland in particular has.
(6 years ago)
Commons ChamberIt is an honour to follow the hon. Member for Ludlow (Mr Dunne), although I do not agree with his analysis of this agreement, nor will I be voting in the same manner as him next Tuesday. He talks about the importance of supporting this deal because we have to get on with delivering on the view of the people of the United Kingdom to leave the EU, but this deal does not do that. It does not deliver on the referendum result, nor does it deliver on the promises and the manifestos on which his party, my party and the Labour party stood at the last election, when people gave a second endorsement to the belief that we are better off out of the EU. This deal, because of its concentration on a mythical problem that will exist between Northern Ireland and the Irish Republic when we leave the EU, has tied the United Kingdom into a range of measures that will damage the economy and damage the Union.
I have just attended an event with a hand-picked group of businesses and organisations that the Secretary of State requested, and they told me to support this deal. Why are they so wrong?
I will go through the reasons why they are wrong. This deal emphasises a mythical problem on the border—a problem that does not exist. The current practice means that trade can go across the Irish border, with taxes being collected, with goods being checked for conformity with regulations and with animal health being protected, yet we do not need a hard border. Indeed, all the parties to this agreement have said that they will not, in any circumstances, have a hard border. Only a couple of weeks ago, the EU and the Irish Government were assuring us that even if there is no deal, a hard border will not be imposed, because a hard border is not necessary. What we have in this withdrawal agreement, with the Northern Ireland protocol and the UK protocol, is designed to do only one thing: thwart the wishes of the people of the United Kingdom to leave the EU.
That is because we have only a number of options. The UK as a whole could stay in the single market and the customs union. If the Government wish to free themselves from that, Northern Ireland has to stay within the single market and the customs union. I defy any Member of this House to say that they could go back to their constituents, tell them what the Attorney General told the Cabinet was going to happen to their constituents and find that they would not be chased. First, their constituency would have to regard the rest of the UK as a third country, with the implication that they could not trade freely with the rest of the UK. They would have barriers placed between their part of the UK and the rest of it, and businessmen would face all the impediments. Indeed, the legal opinion makes it clear that there would be friction in trade—in other words, there would be additional costs, delays and barriers, and there would be distortions to trade, yet that is what this agreement entails for Northern Ireland.
We can get out of that only by doing one of two things. First, we could reach a future trade arrangement that the EU says is sufficient to allow us to be out of that arrangement completely. It could even insist that if we reach a free trade arrangement, we still have partly to stay within those restrictions, including more than 300 EU regulations which would be applied to Northern Ireland. Just in case the EU has missed any, it says, “Any future new ones that fall within the scope of this would also have to apply”, so we would have different laws from the rest of the UK.
(6 years, 1 month ago)
Commons ChamberFirst I must say that I am not addressing this issue as someone who is qualified in law, but I am addressing it as someone who represents a part of the United Kingdom that is most likely to be impacted by the agreement that is going to be made with the EU because of the insistence of putting Northern Ireland at the forefront in an attempt to tie the United Kingdom to the EU and its institutions for the long term.
Does my right hon. Friend agree that the people of Northern Ireland are looking, most importantly, for clarity in relation to our constitutional position? How might any backstop impact on our constitutional position within the United Kingdom? It is vitally important that we have clarity on that at this stage, and it would be good to know if that was included in any of the legal opinion the Government already have.
I want to come on to that point.
I am sympathetic to the arguments the Government have put forward today: we cannot simply open the door and allow the legal advice given to Ministers to be published willy-nilly. However, to be fair to the Opposition spokesman, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), although the wording of the motion may be a bit broader, he has made clear the specific information he requires, and that information is not the legal advice that will currently be given to Ministers as they go into negotiations and thus compromise the negotiating position.
There is an irony here: no one has compromised the Government’s position more than the Government themselves in these negotiations. They willingly accepted the EU agenda and timetable and sequencing for the negotiations. They uncritically accepted the nonsense about a backstop for Northern Ireland—a problem that does not exist and which can be dealt with by the existing trade facilitation measures in place. And over the months we have had Ministers or Departments leaking economic reports that have been used against the Government in these negotiations. We should be careful about suggesting that somehow or other what is being requested today will undermine the Government’s position in the negotiations. What it will do is inform this House and the people who will be affected by the outcome of these negotiations of exactly how they will be affected. It is important that we have that information.
There are a number of reasons why I think this is an exceptional situation. As has been said, this is an important issue. It is important for the people of the United Kingdom as a whole, because there is the prospect of a UK-wide backstop, which would keep us in the customs union and tied to the common rulebook, or tied to the single market rules. It is also important for the people of Northern Ireland, as they would find themselves hived off from the rest of the United Kingdom and kept as some kind of vassal state or annexe by the EU—we would not even have the ability to decide what regulations applied to trade and the production of goods in our part of the United Kingdom.
Secondly, this will all be tied up in a legal agreement. Therefore, if there is any deviation from that, there will be reference back to the agreement made, so it is important that we understand what exactly has been legally signed up to, especially as the EU tends to nit-pick legally on all of these things. It is important that we know exactly what the issues are.
Thirdly, the Government have already been ambiguous about what the backstop might mean. We have been told that it is only an insurance policy and it will never be used, that it will be temporary and will apply only for a certain period of time, and that it will be replaced by a free trade arrangement. But what we need to know is, if it is going to be temporary, who will make the decision at the end of the day as to whether or not it is terminated? What will its scope be? Who will adjudicate on it—who will be the adjudicators of that agreement? And if it is only an insurance policy, in what circumstances will that insurance policy be applied? As has already been pointed out, as some Cabinet Ministers say that when this was presented to them in December of last year what it meant was unclear, and it was not even in a legal form at that stage, it is important that the legal implications of the agreement are spelled out for us.
The arguments that have been made today are clear. I share the concerns of the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), in that I do not want to see a situation in which some Members have the legal position explained to them and others do not. We have not sought that. If we are going to make a decision on this most important issue, we should know the full implications and they should be spelled out to the public and to the people of Northern Ireland. The people of the United Kingdom should know whether the Government are binding them to an arrangement it would be impossible to get out of, collectively or just for the people of Northern Ireland. They need to know what the scope of that would be, and what the lawyers are saying about it.
For those reasons, we will be supporting the motion if it goes to a vote tonight. If the Government have decided that they will make the legal information available, that will be a step in the right direction. I suspect, given what we are hearing from Europe about the shape of the agreement, that that would expose just how damaging it would be to the United Kingdom.
(6 years, 5 months ago)
Commons ChamberIt comes back to the point I was making about the allocation of the budget and the way in which decisions are made. First, decisions are based on historical decisions made by the Assembly. Secondly, unfortunately, I have to say—this is why the current system is not acceptable and has to be changed—that when allocations are made by civil servants, we cannot be sure that the finance available will always go to what the public might want to prioritise, because bureaucrats see different priorities. For example, I had a long discussion with the permanent secretary in the Department of Education when we found out that some of the additional money that was available for schools and was meant to go to frontline schooling actually went to finance the deficit of the Education Authority. By the way, after the amalgamation of five education and library boards, that authority was still spending as much on administration as the five boards had spent, even though the idea was that one authority would lead to rationalisation and therefore cut costs.
When civil servants are making these decisions, they will often have different priorities, because they see things from the point of view of administration and bureaucracy, and sometimes that will be more important to them than what politicians would see as the priorities. Politicians are being confronted on a day-to-day basis by parents with youngsters with special needs, teachers who are teaching bigger classes, and headmasters who are having to say to parents, “We need you to provide extra money for books, paper and everything else.” Therefore politicians will often have different priorities.
But here is the point: in the absence of devolution, we do not have people in place who are perhaps tuned into those things as priorities. That is one of the disservices that Sinn Féin has done to the people of Northern Ireland. In its pursuit of its ideological goal involving the Irish language, it is prepared to see bad budgetary or spending decisions, or decisions that do not reflect the priorities of the public.
The common funding package used for education has shown up glaring inequalities. There are primary schools in my area that are allocated £2,400 per pupil, yet there will be another sector of education that receives up to £15,000 per pupil. This inequality should not exist. I would have no issue with such policy decisions if we had an Assembly in place, but without an Assembly in place to make decisions, we cannot make those changes.
This goes back to my point about the Irish language. Those inequalities often exist because of the preference given under the Good Friday agreement to Irish language legislation, which has consequences in terms of small Irish language schools. Some secondary schools have opened with as few as 14 pupils, which is very costly and has led to the kind of result that my hon. Friend raises. That cannot be changed by a civil servant. That is a political decision, and that is why we need an Assembly up and running in which such decisions can be made, meaning that we can look at funding inequalities and decide whether we should change the priorities.
What is important is that we have a means by which the budget can be spent. The Secretary of State said that there is no difficulty with allocation, but there is a difficulty, as I have explained, with accountability, and the issue with the Department of Education has already been raised by two Members. Different Departments have reacted in different ways, however, and I am pleased that the Department of Health has allocated the additional money it obtained as a result of the confidence and supply arrangement to frontline services. Thousands of people across Northern Ireland will benefit from the allocation of that money to reduce waiting lists for elective surgery. Some people were facing two-year waiting lists, but will now find their waiting time reduced. The results can therefore depend on how Departments react.
Although the Secretary of State has said there is no difficulty in allocating the money, there is a difficulty in accountability, and I take issue with her on that. I have had conversations with permanent secretaries, and difficulties are emerging in the allocation of spending. For example, the permanent secretary in the Department for Infrastructure told me recently that he would have difficulty making a decision about the York Street interchange, for which money has been allocated in the infrastructure budget. He argued that he would not be able to make a decision on that. We have already seen the difficulties over getting the broadband money spent in Northern Ireland, and we know that there are decisions to be made on health reforms. If the health budget is going to be sustainable in the long run, health reform is required, but in order to spend some of the money in the budget on that reform, a change in the nature of some hospitals will be required, including the movement of some services and the concentration of services in other hospitals. According to the courts, those decisions cannot be made by civil servants; they have to be made by Ministers.
The same applies to the school estate. One way of getting more money into the classrooms is through the rationalisation of schools. We have additional school places in Northern Ireland, but in some areas there is a shortage of school places and in others there is a surplus. That requires decisions to be made about school closures and about opening new schools but, again, those decisions need to be made by politicians. I think the Secretary of State is wrong when she says that we do not have any difficulty when it comes to allocation. We are heading towards that difficulty now.
At the other end of the spectrum, I am already in discussions with officials in certain Departments and someone has already mentioned the number of assistant chief constables who are on temporary contracts. They cannot be given permanent contracts because no one is there to make that decision. Applications for a whole range of disabled parking bays are queuing up for a decision, but there is no one there to make those decisions. That might not be an important issue in the global sense, but it is important for people with mobility problems who cannot park their car outside their door. Then there is the issue of school minibuses. Directives have been issued in Northern Ireland to say that teachers need to have a public service vehicle licence to drive those minibuses, even though teachers elsewhere do not have to have them. Many schools have had to give up providing sporting and other after-school activities. It requires a Minister to make decisions on those issues as well. I could go on.