Northern Ireland Protocol Bill

Robin Millar Excerpts

2nd reading
Monday 27th June 2022 Commons Chamber

[Mr Lammy]

My hon. Friend is absolutely right. When we use the word “honourable” across this House, it means something. It is about the integrity of this place and about the pre-eminent position that this Parliament and this country find themselves in on matters of international affairs. That is why this is such a sombre moment.

[Robin Millar (Aberconwy) (Con)]

The right hon. Gentleman is making a thoughtful speech and these matters deserve thoughtful consideration, but could he take advantage of his time at the Dispatch Box to tell us whether he would change the protocol? If so, how would he change it? How does he think the process of negotiation, which has failed so far, would achieve those changes?

[Mr Lammy]

I want to make some progress, but I have said that this party would negotiate, just as we negotiated the Good Friday agreement.

--- Later in debate ---

[Sir Roger Gale]

I am grateful to the hon. Gentleman, but I think the rather more dangerous point, which has already been made tonight, relates to the damage that this will do to our reputation for integrity and the position that we will find ourselves in when we criticise President Putin for breaking international law, which of course he does over and over again.

[Robin Millar]

Does my right hon. Friend really think that that is a fair comparison to make?

[Sir Roger Gale]

I gently suggest to my young friend that, if I had not thought it was a fair comparison, I would not have made it.

I feel very strongly that we are going down an extremely dangerous path. I believe passionately in the Belfast/Good Friday agreement, and we have to get back on track, but we are not going to make Maroš Šefčovič’s job any easier by lumbering him with this legislation. I am sure that it will ultimately get through this House—whether it gets through the other place is another matter—but I hope very much indeed that an agreement can be reached before it becomes law. That agreement has to be reached by negotiation; that really is the only way forward. Some of the proposals in the legislation—such as the red and green routes—are sound and can be implemented. There is every indication that the European Union is willing to accept not all but at least some of those kinds of proposals, and I believe that that is the way forward. I do not believe that the Bill is the way forward and that is why, sadly, I shall not be supporting it tonight.

--- Later in debate ---

[Robin Millar (Aberconwy) (Con)]

Before I start, I would like to comment on the quality of the debate that we have had. I have been really encouraged that Members in all parts of the House have contributed and we have heard many different views. This is a reflection, too, of the conversations I have had around this place over the past few weeks in the run-up to the debate. I welcome that engagement across the House on all these points.

At its heart, this is about the Union. It is a question of principle. The right hon. Member for Leeds Central (Hilary Benn) said that this was a Bill born out of desperation, not principle, but I would argue exactly the opposite. This starts with principle. For me, it starts with the ruling of the Northern Ireland Court of Appeal that the Acts of Union were subjugated by the Northern Ireland protocol. It is imperative, then—a point well made by the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson)—that while we consider issues of trade and the peace agreements, we also consider the integrity of the Union. All these are important and each must be addressed, but all can be addressed only if the integrity of the Union underpins them.

With regard to trade, the Bill restores free movement of goods within the UK. However, it also respects the integrity of the EU single market through the introduction of green and red channels. I would suggest that this meets the test set by my right hon. Friend the Member for Maidenhead (Mrs May) for delivering the aims of the Bill.

With regard to governance and jurisdiction, my hon. Friend the Member for Stone (Sir William Cash) mentioned the democratic deficit that exists within Northern Ireland. I would suggest that the Bill meets that requirement through rejecting the jurisdiction of the EU and the European Court of Justice because with that residents of Northern Ireland have no control over the laws that are set and that must govern them.

[Sir Jeffrey M. Donaldson]

I thank the hon. Member for his point. If I may, I will just return briefly to the point he made prior to that. At no stage has this Government or my party ever called for a hard border on the island of Ireland. That is why we support this solution, but is he aware that, by threatening retaliation, the only people who are now talking about a hard border on the island of Ireland are the EU? If it is a trade war, the EU will not leave the border unsupervised on the island of Ireland, and it has threatened to remove the right of Northern Ireland companies to trade across the border in those circumstances—that cannot be policed in any other way than on the border itself—so it is the EU that is threatening a hard border on the island of Ireland through retaliation and, by extension, it is threatening the Good Friday agreement.

[Robin Millar]

The right hon. Member makes a strong point that I will come on to address in just a moment.

I would make the case that the Bill meets the second test of my right hon. Friend the Member for Maidenhead (Mrs May) on reputation. What self-respecting nation allows itself to be split and part of it to fall under the governance of another unaccountable power? That cannot be the reputation that this Union wishes to pursue.

Thirdly, on the question of the integrity of the United Kingdom, clause 1(c) states that the Bill

“provides that enactments, including the Union with Ireland Act 1800 and the Act of Union (Ireland) 1800, are not to be affected by provision of the Northern Ireland Protocol”.

That, I suggest, meets the test of legality. There might be questions about necessity, as my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) pointed out, but my reason for supporting this Bill lies in the imperative of what the Court of Appeal said. It said that the Acts of Union have been subjugated, and that is reason enough for me.

The right hon. Member for Tottenham (Mr Lammy), when he was challenged as to whether he would change the protocol, declined to answer what changes he would make or how they could be delivered. He did, however, make a good point when he said that we must focus on what works and that, I suggest, is what the Bill is trying to do. It is a Bill that provides a solution, seeks to address the issues of trade, respects and seeks to restore cross-community consent and, most importantly, restores the integrity of the UK while at the same time protecting the integrity of the EU single market.

This is not a perfect Bill. I have concerns about the sweeping powers within it given to Ministers. I suspect that, subject to further debate—I hope that the Bill will rapidly progress without delay through this House—those might be considered. However, I will support this Bill with enthusiasm, because there is a legal basis for action. As I have said, the Court of Appeal has set that by indicating that the Acts of Union have been subjugated. As my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) said, it means that inaction is not an option. I will finish with this question for hon. and right hon. Members. If it is the case that our Acts of Union have been subjugated, and if, as my right hon. and learned Friend says, inaction is not an option, then if not this Bill, what? If not now, when will we restore the integrity of our Union?

[Several hon. Members rose—]

Northern Ireland Protocol Bill

Robin Millar Excerpts

Committee stage
Wednesday 13th July 2022 Commons Chamber

[Sir Robert Neill]

Forgive me, but my hon. Friend asked me to set out the tests and I am doing so. The second test is the necessity to safeguard an essential interest against a “grave and imminent peril”. The Bingham Centre for the Rule of Law has helpfully provided a briefing, setting out that that imports something that very grave indeed—it is a high test—with a degree of urgency to the matter. A possible, contingent or proximate risk does not come within the test of being a “grave and imminent peril”, and that is a risk with the way in which the Bill is drafted at the moment. Again, evidence might be produced to show that it does apply, and the Government might be able to make their case—they ought to do so.

[Robin Millar (Aberconwy) (Con)]

rose—

[Sir Robert Neill]

May I set out the tests, as I was asked to?

The Government need to show that this is also the only means whereby they can safeguard the interest in question. The difficulty they potentially have there is that article 13 of the protocol makes provision for a renegotiation, which most of us would think is the right route to solve these problems, and that in the event of emergency measures, which one might think might be closer to meeting the test of an “imminent peril”, we would then use the unilateral safeguarding provisions under article 16. It might be difficult to argue that necessity is met if we have not attempted and cannot demonstrate that we have attempted those routes first, before moving unilaterally to breaching the protocol.

[Robin Millar]

My hon. Friend makes an interesting point about necessity, and one that has exercised my mind. The Northern Ireland Court of Appeal said that the Acts of Union had been “subjugated” by the protocol. Therefore, what gravity and what imperative does he attach to such an existential threat to the Union?

[Sir Robert Neill]

It does not avail us in relation to the international law test, and the difficulty with this Bill is that it is seeking to disapply parts of the protocol in domestic law, but in a way that breaches an international obligation. In any event, could it be said that all available means had been taken to rectify that potential difficulty? That comes back to my point that the Government—any Government—should have to come to the House and set that out.

Northern Ireland Protocol Bill

Robin Millar Excerpts

Committee stage
Wednesday 20th July 2022 Commons Chamber

[Carla Lockhart (Upper Bann) (DUP)]

You will be glad to know, Madam Deputy Speaker, that I will also keep my remarks very brief.

Tonight, we have reached a milestone and we can say that we are off to a good start in this place. I am pleased that the amendments designed to wreck this Bill have been defeated, safe in knowledge that they were more about grandstanding than actually helping the businesses and constituents who, day in, day out, are affected by the protocol.

The Bill, as it is, certainly does have the potential to restore devolution in Northern Ireland and preserve the constitutional balance. Although the SDLP Members have consistently called for the re-establishment of the Executive, they fail to recognise why that Executive are not sitting—it is the fact that not one Unionist party in Northern Ireland supports the protocol. We are actually elected on that mandate. The SDLP forget and ignore our mandate, which is to ensure that our constitutional place within the United Kingdom is restored and the economic impediments to trade are scrapped.

Throughout the course of the debate, it was and is very clear that there is no alternative to the Bill. This Bill is the only solution, after everything else has been tried, to help restore devolution.

Let us now address the EU and the pipe dream of further negotiations. It is fact that negotiations have been tried and have failed. It is abundantly clear, as per the reports today in The Daily Telegraph, that the EU is not in a position to renegotiate a satisfactory outcome. We only have to look at the fact that it is continuing to pursue legal action against the UK for grace periods that virtually everyone in Northern Ireland supports as essential.

As the EU continues to demonstrate a complete indifference to the real challenges in Northern Ireland, it is naive to believe that there is a negotiated solution that comes close to delivering the objectives of this Bill. A new Prime Minister is not going to change the EU’s fundamentally belligerent approach, which in truth is less about protecting the single market and more about punishing the UK and warning other countries not to consider leaving.

Today is an important staging post, but we know there is a long road ahead. I have no doubt that the other place will try to thwart the will of this House—those actually elected to legislate on these matters—but I warn those in the other place that, if they wish to see devolution restored, they will leave well alone.

The Social Democratic and Labour party and the Alliance party parrot the narrative of others who will not even come and sit in this House. They were slow to realise the damage the protocol was doing in Northern Ireland. They eventually caught up and sought mitigations, but they still bury their heads in the sand regarding the consent of the Unionist community in Northern Ireland to the protocol. It is all smoke and mirrors to deflect from the folly of their own position.

The UK as a whole voted on the same ballot that the whole UK should leave, and leave on the same terms. It does not matter who the leader of the Conservative party is; it only matters that they repair the damage that has been done in the form of the protocol and are not bullied by the EU.

[Robin Millar (Aberconwy) (Con)]

The hon. Lady makes an important point about the leadership of the Conservative party. As one of many on the Conservative side of the House who pushed for this Bill, I think it is important that the House understand that the two candidates who go forward for the leadership have also given strong undertakings on the importance of Northern Ireland within the UK and the importance of the protocol. I hope she can take that as reassurance.

[Carla Lockhart]

I agree wholeheartedly with the hon. Member. We welcome those comments, but we hope and trust that the incoming Prime Minister will not be bullied by the EU, but will bring Northern Ireland with them, restore its place in the UK’s internal market and allow it to trade on the same terms as the rest of the United Kingdom.