Trade Diversion and Windsor Framework

Richard Tice Excerpts

Tuesday 4th March 2025 Commons Chamber

[Richard Tice (Boston and Skegness) (Reform)]

We were told by the previous Administration that with the new green lane and the Windsor framework, all would be glorious—it could be the best of both worlds. Did the previous Administration mislead the House?

[Jim Allister]

Not just the previous Administration; I think there has been gross, calculated and deliberate misleading about the protocol from day one. We were told that the green lane was gone. It has not. We still have to do customs declarations. We still have document checks, but all our raw materials must, by dint of the protocol, come through the red lane, so they must be subject to all the rigour of the EU’s international border. That is what will cripple our economy. We have seen it in small craft sectors. Niche sectors that depend on small suppliers are giving up. When that bites, as it will, we will see that right across our economy.

The Government need to find some dignity and stand up for this United Kingdom, which is not just Great Britain but includes Northern Ireland. It is time to put some mettle into defending that position, and to row back from the disastrous destructive elements that the protocol has brought us.

--- Later in debate ---

[Hilary Benn]

The answer is this: as a sovereign country, it falls to us to decide how we check goods that arrive in our territory. For quite a period after our leaving the European Union, the last Government were not checking stuff coming across the channel, first, because there was nowhere to do the checks, and secondly, because they were concerned about delays, shortages and added costs for the consumer. They repeatedly put off implementing checks. At the same time, British exporters were experiencing the full impact of checks on the goods that they sent the other way, across the channel to Calais and the rest of the European Union. It is for sovereign countries to determine what checks they apply. The same truth applies to the European Union; it has a single market.

We are a responsible country. Some may argue that we should be irresponsible and say, “Well, this is not our problem; let us leave it to the EU to sort it out.” In the end, we had to have a negotiated answer to the question created by our departure from the European Union on the goods that cross that non-existent border. The one thing that almost everybody agreed on during the Brexit debates was that the border needed to remain as it was. That open border is important for a whole host of reasons, not least the extraordinary progress that Northern Ireland has made in the 26 years since the signing of the Good Friday agreement. The question, therefore, was: how does the EU ensure that goods that cross that border and come into the Republic, and go on to France, Germany or Greece, meet the rules? In exactly the same way, we would ask: how do we know that goods coming into the United Kingdom meet our laws? The only way to do that was with a negotiation.

[Richard Tice]

The right hon. Gentleman said that it is up to a sovereign nation to look after its own borders and determine its own checks. Does he accept that there has been trade diversion within the United Kingdom? If so, does he accept that it is within the Government’s remit to use article 16 or drop the checks to protect trade within our sovereign borders?

[Hilary Benn]

I have only just begun my remarks, but if the hon. Gentleman will bear with me, I shall shortly come to the point that he raises.

The Windsor framework protects the UK internal market, while, as I argued a moment ago, enabling the EU to be confident that its rules will be respected. The Government’s view and my view is that that was the responsible thing to do in the circumstances, because this Government support sustainable arrangements for Northern Ireland that respect its particular circumstances —indeed, they are unique—and its place in the Union, and that uphold the Good Friday agreement. The hon. and learned Member for North Antrim’s central argument this evening is that we should trigger article 16, the unilateral safeguard in the Windsor framework. To do that would be contrary to Northern Ireland having stable arrangements for trade, now and in future. It would disregard the benefits that the Windsor framework offers for businesses—indeed, the benefits that are actively relied upon by businesses, including those that are taking advantage of Northern Ireland’s unique access to the UK and EU markets—[Interruption.] The hon. and learned Member for North Antrim shakes his head, but I have met businesses that have told me how they are taking advantage of that dual market access. I meet businesses in my constituency that can see what Northern Ireland has got out of these unique arrangements.

Those benefits will be enhanced by the UK internal market “facilitations”—that is the phrase—that will come into force in the near future, and that will, on a durable and legally binding basis, support the smooth flow of goods across the whole of the UK when the next phase of the UK internal market system is implemented this year, without, for example, unnecessary international customs paperwork.

We have seen the benefits of negotiating a way forward. There is unilateralism, as the hon. and learned Gentleman argues, and there are the benefits of negotiation. In respect of agrifood and sanitary and phytosanitary measures, we have been able to lift the old ban on the movement of seed potatoes. Not all those problems have been solved—I am the first to acknowledge that—but it is an improvement compared with the situation before. We are now able to apply UK public health and safety standards to agrifoods on the basis of primacy for goods staying in the United Kingdom moving under the Windsor framework schemes. We have reached agreements with the EU on tariff rate quotas, enabling businesses from Northern Ireland to import steel and agrifood products under UK tariff rates.

We also have an active Assembly that is scrutinising the regulations and raising its views—[Laughter.] Well, I will come back to that point later on. Medicines for the whole of the UK are now authorised by the Medicines and Healthcare products Regulatory Agency, and we have ensured that Northern Ireland benefits from the same VAT, alcohol duty and other taxes as the rest of the UK.

All of those are undoubted benefits for Northern Ireland. They are benefits of the framework that supports Northern Ireland’s access to the two markets, and from which this integral part of the United Kingdom, which Northern Ireland is, uniquely benefits. This is possible because we have a lawful and sustainable agreement, in stark contrast to what the hon. and learned Gentleman has proposed as a way forward.

I would be the first to acknowledge from this Dispatch Box that the Windsor framework is not perfect. We all know that. Where problems arise with the practical operation of the framework, this Government and the EU have tried to show that we can work through them in a constructive and pragmatic way, because that is what we have to do. For example, having listened to businesses, we took a pragmatic decision to extend on the timetable for implementing the new arrangements on parcels. One of the consequences of doing that was that the introduction of the new, less onerous customs arrangement was put off, because the EU’s view was that we needed to do the parcels at the same time in order for the new customs arrangements to come in.

Another example is the horticultural sector, where, in the last month the restrictions on the movement of two species of plant were removed. If we are talking about trees, I think that takes it up to 23, including our beloved silver birch and, I am advised, a number of varieties of cherry tree that were sorted out at the end of last year.

On the question of the Stormont brake, we acted on the concerns that the Northern Ireland Assembly raised about the potential implications of the new rules on chemical labels, font sizes and so on by committing to consult on taking forward measures across the UK that will protect the UK internal market. I would just point out—because the hon. Gentleman looks slightly sceptical —that there is a high bar to be met for the Stormont brake. When I received the application as Secretary of State, I was under a legal obligation to consider the application under the rules of the Stormont brake, and I made the decision that I did. In the end, what the Government announced was moving towards the same outcome that those who had raised the concerns in the first place wanted, just by different means than they had sought. In the end, the Stormont brake process actually worked to achieve the outcome that the Assembly wanted.

Clonoe Inquest

Richard Tice Excerpts

Tuesday 11th February 2025 Commons Chamber

[Hilary Benn]

I say to the right hon. Gentleman, who himself gave distinguished service, that I absolutely understand and recognise the point he forcefully makes about the circumstances in which our soldiers found themselves as part of Operation Banner. They had seen their comrades killed and they did not know what they were going to face; as he rightly says, in those circumstances soldiers had to make very hard split-second decisions.

The coroner had a job to do. He expressed his findings, Members of the House are expressing what they feel about those findings, and the Ministry of Defence is considering them. It is right and proper that we stand by our armed forces, which is why the Government and the Ministry of Defence give support to veterans in those circumstances. However, I would point out that many, many members of the Provisional IRA and the loyalist terrorist organisations were prosecuted, tried and convicted.

[Richard Tice (Boston and Skegness) (Reform)]

Based on the Secretary of State’s earlier comments, is it not now clear that the Secretary of State believes the Government cannot stand behind our brave soldiers in this instance because of our membership of the European convention on human rights? Therefore, surely that is a perfect reason why we must leave the ECHR.

[Hilary Benn]

That is not the Government’s position. The Government’s position is indeed to stand behind our brave armed services personnel—

European Union (Withdrawal Arrangements) Bill

Richard Tice Excerpts

2nd reading
Friday 6th December 2024 Commons Chamber

[Jim Allister]

I respectfully suggest that the hon. Member reads a little deeper. She will discover that the Stormont brake is farcical. The previous Member for North Antrim in this House aptly said it was like someone sitting in the back seat of a car and saying to the driver, “Would you ever be so kind as to pull the brake?” That is what the Stormont brake is: a request to the British Government to pause the imposition of an EU law. The British Government do not have to do it—there has been one request to date and nothing has happened about it—so it really is a fiction, and an insult to the democratic mandate of the people of Northern Ireland.

[Richard Tice (Boston and Skegness) (Reform)]

To continue the analogy, the Stormont brake has been described to me as rusty and not attached to anything.

[Jim Allister]

And if we can pull it, nothing happens. That is the value of it. The most limp excuse that I hear for this plundering of the Northern Ireland statute book by the EU is, “Oh, international law requires this.” Sorry? What sort of international law says that a state must self-harm by disenfranchising its own voters? There is no such international law. I will deal later with the fundamental basics of international law and how they have been distorted in justification of these arrangements.

--- Later in debate ---

[Jim Allister]

I remind the Minister that the magical thinking came from the EU itself, through Jonathan Faull and his colleagues, who made that very suggestion. And why would what I suggest not work? If the EU is our friend—if we trust it and it trusts us—why would it not trust us to keep our word on imposing its standards on our goods entering its territory? If that does not work, then it is time to talk about alternatives, but that proposal should be the starting point. There was the whimsical dismissal that it would not work, even though it has never been tried. The really chilling thing about the Minister’s intervention is its subtext: “Suck it up, Northern Ireland. You’re no longer a full part of the United Kingdom. You will just live like a colony of the EU, under its laws in 300 areas. We have no empathy and no desire to fix it; we will just leave you in that position.” That is the chilling import of her intervention.

[Richard Tice]

It may be helpful to remind the Minister that the EU’s own expert, Mr Lars Karlsson, said in his “Smart Border 2.0” report that with technology and good will, all these issues could be overcome. However, the politics of Mr Varadkar and the EU overrode that.

[Jim Allister]

That is absolutely right, and in Northern Ireland we suffer the consequences of those aggressive political agendas every day.

If the Government are saying, “This is fine; there is nothing to see here. We don’t need to fix anything,” then they are not just insulting the intelligence of those of us who introduced the Bill, but saying to my constituents, “You can carry on being second-class citizens.” The Government cannot say to my constituents, “You are equal citizens, but you will not be governed by British laws.” That is what the Government are saying to my constituents in North Antrim and to people across Northern Ireland. “You have equal citizenship, but some are more equal than others. Some will be ruled by the laws that this Parliament makes, or by those that the devolved Assemblies make, but you will be ruled by laws that someone else makes for you, and be grateful for it.” That is where we have got to on this issue. It is not just insulting but frankly unacceptable for the people of Northern Ireland to be treated in this way.

Given the Government’s enthusiasm to maintain the unworkable status quo, they should reflect on the fact that there is about to be a new President of the United States who has made it very plain that he is in tariff mode. If he carries through his tariffs, this United Kingdom Government will need a trade deal. Why would a President of the United States do a trade deal with the United Kingdom if the UK has a back door that is open to the EU? That is the consequence of this protocol. We do not have a secure international trade border; the border with the EU is porous, and by all reports, Mr Trump is pretty adverse to the EU. Why would he ever do a deal with the United Kingdom with that back door open?

Should this Government not take the opportunity presented by this Bill to say, “We will fix this arrangement, and then we can convince the Americans that we are a safe and secure partner in a trade deal”? So long as the protocol exists, we cannot give the United States of America that certainty. It is in the national interest, the Government’s interest and our trading interest to fix this arrangement, so that we can pursue a trade deal with the Americans—who, at the end of the day, are our best friends in all this—on the best possible terms.