Northern Ireland (Executive Formation) Bill

Baroness Winterton of Doncaster Excerpts

2nd reading
Wednesday 22nd February 2023 Commons Chamber

[Chris Heaton-Harris]

The former Secretary of State has, in his own words, described the seriousness with which everyone takes Northern Ireland and its politics, and especially its people—and those people in Northern Ireland want their locally elected representatives to go back to work. So do I, and so, I believe, does everyone in the House, notwithstanding the tiny bit of work that we have to do with our European Union partners. This Bill will lay the groundwork for that to happen, and I therefore commend it to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

May I add my own warm welcome to our very special guest Dáithí and his family?

I now call the shadow Secretary of State.

--- Later in debate ---

[Sir Jeffrey M. Donaldson]

I thank the Chair of the Northern Ireland Affairs Committee for that point. Of course, Norway is a sovereign country; Northern Ireland is not. Northern Ireland is part of the United Kingdom, and it is the Government of the United Kingdom who are the sovereign authority in these matters. We need to look at this not just at the level of our democratic institutions in Northern Ireland, but in relation to the mechanisms for the Government of the United Kingdom to intervene in circumstances where the UK’s internal market, and Northern Ireland’s place within it, is threatened by EU laws—whether they be changes to existing laws or new laws that are introduced. We cannot have a situation where, in respect of our trade across the Irish border, EU laws that apply to that trade impact on our ability to trade within the internal market of the United Kingdom. We certainly cannot have the situation that has arisen with the protocol, where article 6 of the Acts of Union, which govern the economic union of the United Kingdom and our place in it, is impliedly repealed by this House. That must be avoided in the future. In any arrangements, we need to have a safeguard that protects article 6 of the Acts of Union—our right to trade within the internal market of the United Kingdom without barriers being put in our way.

As I draw my remarks to a close, may I say that the reason we are here is that the protocol has undermined the cross-community consensus that is necessary, which my hon. Friend the Member for East Londonderry (Mr Campbell) referenced in his comments, to ensure that we have stable, functioning institutions in Northern Ireland. We are approaching the 25th anniversary of the Belfast/Good Friday agreement, so let us not also lose sight of the successor agreements. We know that at St Andrew’s, at Hillsborough and at Stormont we have had to make changes that improve the way that Northern Ireland is governed. I have heard in recent days clarion calls to look again at the way in which our institutions operate and the principles at the heart of the agreement.

Let me put down a very clear marker on behalf of my party and, I believe, on behalf of Unionism generally: if the road that some want to take on reform is exclusion; if the road that some want to take on reform is majority rule; if the road that some want to take abandons the principle of cross-community consensus in Northern Ireland, that will not be acceptable to my party now or at any stage in the future. It is those principles that are essential to ensure that there is cross-community support for our political institutions in Northern Ireland. I say to the Government that, while we will look at what change can be made to improve the governance of Northern Ireland, we will not countenance the abandonment of that cross-community consensus that is at the heart of our institutions. In that respect, I welcome the comments made by the shadow Secretary of State that that is also the position of the Labour party. I recognise, too, the contributions that Tony Blair and others made to bringing the agreement together and the very delicate balances at the heart of that agreement. They must be protected as we go forward.

Madam Deputy Speaker, I hope that, within the timeframe that this Bill creates between now and next January for an election, we will see an outcome on negotiations and legislation that will bring fundamental change that will respect and restore Northern Ireland’s place within the United Kingdom and its internal market, that will ensure that we are not in a situation where we are rule takers from the EU and where EU law affects our ability to trade within the United Kingdom. That is not acceptable. Where we trade within our own country, the rules that apply should be those of the United Kingdom. Where we trade with the European Union, the rules that apply should be those of the European Union. That is clear. The protocol does not deliver that, and we need a solution that does.

[Madam Deputy Speaker (Dame Rosie Winterton)]

May I remind Members that if they intervene during a speech, they should stay for the entirety of that speech, in case something they have said is referred back to. Sadly, those who are guilty of this have probably left the Chamber, but we can remind them when they return.

Northern Ireland (Executive Formation) Bill

Baroness Winterton of Doncaster Excerpts

Committee stage
Wednesday 22nd February 2023 Commons Chamber

Question proposed, That the clause stand part of the Bill.

[The Chairman of Ways and Means (Dame Rosie Winterton)]

With this it will be convenient to consider the following:

Government amendments 3 to 5.

Amendment 1, in clause 2, page 2, line 17, after “Formation” insert

“and Organ and Tissue Donation (Deemed Consent)”.

This amendment is consequential on NC1.

Clause 2 stand part.

Government new clause 2—Organ and tissue donation in Northern Ireland: procedure for regulations defining permitted material.

New clause 1—Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) 2022: temporary provision—

‘(1) Section 52 (orders and regulations) of the Human Tissue Act 2004 is amended as follows.

(2) After subsection (4B), insert—

“(4BA) During the current post-election period, subsection (4B) applies as if for “the Northern Ireland Assembly” there were substituted “each House of Parliament.”

(4BB) In this section “the current post-election period” has the same meaning as in section 1 of the Northern Ireland (Executive Formation etc) Act 2022.”’

This new clause is intended to bring into operation during the current post-election period the Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) 2022, which received Royal Assent on 30 March 2022, by temporarily allowing Parliament (instead of the Assembly) to approve relevant regulations made by the Department of Health in Northern Ireland.

Government amendment 6.

Amendment 2, in the Title, line 5, at end insert

“; and to make provision in relation to the Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) 2022”.

This amendment is consequential on NC1.