Northern Ireland

Sammy Wilson Excerpts

Monday 26th February 2024 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

Whether this Humble Address is or is not a love letter to anyone, I will leave for others to debate, but it certainly can be described as a coda to the recent restoration of the institutions in Northern Ireland. As we have heard from the Minister, it addresses a number of matters that I shall briefly touch upon, but may I make it clear at the beginning that the Opposition will be supporting it?

This is our first opportunity as a House to welcome the return of devolved government, and I wish to acknowledge the leadership of the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) in recognising that, for the sake of Northern Ireland and its people, the DUP needed to return to government, and in arguing the case for that course of action so persuasively. The Secretary of State and I have both had the pleasure of meeting the new First Minister and Deputy First Minister. I must say that I agree with the Minister of State, the right hon. Member for Wycombe (Mr Baker), that they have made a positive start and have set the tone for what we all hope will be a constructive and productive Administration. I join him in wishing both of them, together with the other members of the Executive and indeed the whole Assembly, every success in their responsibilities, because their task—our task, collectively—is to ensure that this restoration endures. Let us be frank, however. I hope people will also recognise that never again should Northern Ireland find itself without its Assembly and its devolved Government.

It is also right that we reaffirm our support for the Good Friday agreement in all its strands and dimensions. It is important for us to do so, because the agreement made possible the considerable progress we have seen in Northern Ireland, including the establishment of power sharing. That reaffirming is also needed because there was a perception that some of the language in the recent Command Paper was not wholly in keeping with the spirit of shared commitment.

I will raise one section of the Command Paper that I found genuinely puzzling, which is what it said about the all-island economy and the Government’s commitment to remove the legal duties to have regard to the all-island economy in section 10(1)(b) of the European Union (Withdrawal) Act 2018. That section of the withdrawal Act actually refers to having

“due regard to the joint report from the negotiators of the EU and the United Kingdom Government on progress during phase 1 of negotiations under Article 50”

on the United Kingdom’s orderly withdrawal from the EU. The report runs to 15 pages, but there appears, as far as I can see, to be only one reference in it to the all-island economy, in the last two lines of paragraph 49.

In responding, can the Minister explain what the effect would be of repealing section 10(1)(b) of the 2018 Act, given that it refers to the whole of the joint report, and not just to the reference in paragraph 49 to the all-island economy? Does that mean Ministers would no longer have to have regard to anything at all in the joint report —surely that cannot be the case—or are the Government saying that they wish to remove the reference to the all-island economy in paragraph 49? In that case, given that it was a joint report agreed between the United Kingdom and the European Union, have Ministers told the EU of their intentions? To follow up, when might we see the legislation and the new statutory guidance?

No one is in any doubt that Northern Ireland does far more trade with the UK internal market than it does with Ireland, and that will continue to be the case, but it is also evident that trade between Northern Ireland and the Republic has increased since we left the European Union. That tells us that the all-island economy is both a fact and greatly to the benefit of businesses and people in Northern Ireland, whether that is milk from Northern Ireland going south to be processed, or Coca-Cola produced in the firm’s flagship plant in Lisburn being sold all over Ireland and beyond, or Guinness coming north from Dublin.

[Sammy Wilson (East Antrim) (DUP)]

The right hon. Gentleman has rightly identified one of the impacts of the Windsor framework and the Northern Ireland protocol: namely, that trade is now being diverted to the Irish Republic, as firms in Northern Ireland find it more difficult to link with their supply chains in GB and are forced to look at supplies from the Irish Republic. Some of the people who are now purchasing from the Republic tell me that those supplies are more expensive and of lower quality.

[Hilary Benn]

The first point I would make to the right hon. Gentleman is that the three examples I have just given have nothing at all to do with the Northern Ireland protocol or the Windsor framework; they were all pre-existing facts of the all-island economy, which those businesses welcomed because it is about the ability to trade, find markets, sell their goods and make a return. Secondly, he returns, understandably, to the essential problem that the protocol and the Windsor framework have been trying to address, and it is the point that the Minister made openly in his speech, which is that once we left the EU, there was an issue about the border. One way or another, a way had to be found to ensure that goods moving across that non-existent border complied with the rules of the single market. The current Government under a previous Prime Minister made a choice as to how it was going to be done. I strongly support the Windsor framework, precisely because it is an important step forward in trying to make that trade, as the Minister referred to, as easy as possible for businesses. I make that point because many businesses do not really understand why the phrase “all-island economy” should provoke such strong feelings, especially when there has recently been a warm welcome to the allocations from the shared island fund for cross-community projects that will strengthen the all-island economy, including the much-needed improvement to the A5, a more regular train service between Belfast and Dublin, the Narrow Water bridge connecting the counties of Down and Meath, and a contribution to the building of Casement Park so that, in four years, we can all celebrate Northern Ireland helping to host the European football championship. I make that point because many businesses do not really understand why the phrase “all-island economy” should provoke such strong feelings, especially when there has recently been a warm welcome to the allocations from the shared island fund for cross-community projects that will strengthen the all-island economy, including the much-needed improvement to the A5, a more regular train service between Belfast and Dublin, the Narrow Water bridge connecting the counties of Down and Meath, and a contribution to the building of Casement Park so that, in four years, we can all celebrate Northern Ireland helping to host the European football championship.

Nevertheless, we warmly endorse the renewed commitment to the Good Friday agreement contained in the Humble Address, which of course was the then Government’s extraordinary achievement with all the parties involved in the negotiation almost 26 years ago. It is only right that we should remind ourselves as a country of the peace that it has created and of the obligations we took on when we signed it. That includes, as the Minister said, recognition that the future constitutional status of Northern Ireland is a matter for the people of Northern Ireland alone, and that with our co-guarantor, the Irish Government, we have a shared interest in continuing to promote peace, prosperity and progress north and south.

On the next section, when I read the Humble Address I wondered in passing when the Acts of Union 1800 were last referred to in a motion tabled by the Government. In the light of recent events, I felt that I should familiarise myself with the original Acts, although they have, of course, been considerably amended since. The Act of Union (Ireland) 1800 is short by modern standards—they knew how to say things much more briefly than we seem to manage these days—and contains a number of interesting provisions, including the application of tariffs and excise on certain categories of goods moving between Great Britain and Ireland. The right hon. Member for Lagan Valley raised that point with me when we debated the matter recently.

Now, I do not think anyone wants to restore tariffs and excise on certain categories of goods moving, and I do not think anyone wants to restore section 21 of the Government of Ireland Act 1920, which required that movement of goods between Great Britain and Northern Ireland be treated as imports and exports for the purposes of forms to be used and the information to be furnished. As we were told, customs officers were instructed to conduct physical inspections of ships with daily sailings twice weekly. How many people even recall that, in 1947, the Stormont Parliament introduced a requirement that workers from Great Britain would need a work permit to go and work in Northern Ireland?

Those are not just interesting historical facts. As the Command Paper’s informative annex pointed out—congratulations to the civil servants who did the research and drafted that—the Acts of Union have not been a guarantor at all times of free and unfettered movements of goods and people over the centuries. Instead, they have framed a slightly more complex relationship than is sometimes suggested.

--- Later in debate ---

[Sammy Wilson (East Antrim) (DUP)]

I think many people in North Down, a Unionist constituency, will be wondering what kind of representative they have. The hon. Member for North Down (Stephen Farry) was probably a good proxy for a Sinn Féin representative in his disregard for Unionists’ concerns about the protocol and in his unwillingness to apologise for the fact that he and his party wanted the Government to double down on the protocol, despite the damage it was causing. His party said during the negotiations that they had negotiated a wonderful package. There is still underfunding because of how the funding formula is applied in Northern Ireland, yet the only plea he made for additional funding this evening was to pay for Casement Park. The Gaelic Athletic Association has said that it will not give one penny more to that stadium. The GAA expects the UK Government to divvy up for its state-of-the-art stadium.

The Humble Address tells His Majesty of this Parliament’s commitments in respect of a number of issues. Significantly, it has been brought forward because of the way in which successive Prime Ministers from the Conservative and Unionist party have betrayed Northern Ireland by choosing to side with the EU, and not to annoy the EU, even if that means weakening the Union of the United Kingdom. The sad reality is that these reassuring words, which the hon. Member for Foyle (Colum Eastwood) described as a “love letter” to Unionists—when we look at it, we will see that it is not such a love letter—are essential because of the trust that has been broken by a Government who were quite happy to hand Northern Ireland over to the European Union as a vassal state, to use the term of the former Prime Minister who was responsible for some of the damage done.

A number of issues are addressed in the Humble Address, and the first is to affirm the importance of upholding all the strands of the Belfast/Good Friday agreement. Why is that necessary? The reason, of course, is because this Government acted at the behest of the European Union, which required that the position of Northern Ireland within the United Kingdom be weakened, with any attempt to address that situation being thwarted by changing the voting arrangements in the Assembly.

We already knew that Northern Ireland was not all that important to this Government, because the whole principle of consent to change Northern Ireland’s position within the United Kingdom was simply ignored. The damage has been done, and there has been no attempt to undo that damage. The Belfast agreement made it clear that any change—any change—to Northern Ireland’s position within the United Kingdom could happen only with the consent of the people of Northern Ireland. That change took place when the UK Government agreed that the EU would have the ability, in 300 areas of law, to make laws for Northern Ireland, and that Northern Ireland’s representatives would have no say in the making of those laws.

In fact, the only country on the island of Ireland that would have a say is the Republic of Ireland, because of its membership of the EU. The EU and the Irish Republic would have the ability to make laws in relation to Northern Ireland in 300 areas of law and Northern Ireland politicians elected to the Assembly would have no say. The hon. Member for North Down might be happy that his party members are elected to an Assembly and have no say on a raft of areas of law.

[Stephen Farry]

We are relaxed about EU law, but the thing we were certainly not relaxed about was not having an Assembly whatsoever for the past two years. Anyone who wants to talk about democratic deficits needs to refocus away from the technicalities of EU law and on the fact that no one was in charge of health, education and the economy for the past two years and on the damage that has been done. I hope that the right hon. Gentleman will show some humility and recognise his role and that of his party in the chaos that has been forced upon Northern Ireland in the past two years, when they have taken their time negotiating this new arrangement with the Government.

[Sammy Wilson]

Is the hon. Gentleman’s stance not amazing? He talks about the democratic deficit that existed for two years while the Assembly was not operating, but he is happy to have a democratic deficit that will last for decades as a result of the arrangement in place now. So he cannot now get concerned about the inability of politicians in Northern Ireland to do something. We had the two years of Stormont not operating because the principle on which it was bound to operate—that there had to be consent and the views of nationalists and Unionists had to be taken into consideration—had been simply wiped aside; it could not have worked anyway because the very foundation of the Belfast agreement had been removed.

I have to ask the Minister: how can the Government affirm the Belfast agreement when we have in place today arrangements that came about only because one of the central principles of the agreement had been removed? Of course, this is about looking at not just the past, but the future. The Assembly will have a decision to make and it will have a vote at the end of this year on the arrangements that are in place. That vote will be very controversial, because it looks both back and forward. First, were the arrangements put in place acceptable? Far more importantly, will the arrangements going forward be acceptable? The vote will not simply be about EU law, because in four years’ time nobody who is taking part in this vote will even know about the EU laws; this vote will be about whether the Assembly is going to continue having the Republic of Ireland and the EU making laws that are unknown and that we will have no say in formulating in the future. There can be no more controversial vote than that, yet the Belfast agreement says that a vote of that nature should not be made on a majority basis.

Since 1972, votes and issues that were controversial could not be made on a majority basis in Northern Ireland. Yet here is one of the most controversial votes that the Northern Ireland Assembly will be involved in, and the Government, at the behest or demand of the Irish Republic and the EU, set aside the requirement for cross-community support in that vote. So the Minister is today proposing a motion that affirms

“the importance of upholding the Belfast…Agreement”,

knowing full well that he has agreed to and defended, and will continue to put in place, arrangements that undermine the very principle of consent for a most controversial issue, on which a vote will take place at the end of this year. So when we address His Majesty and say that we are affirming the Belfast agreement, we have to look at the way we have dispensed with its central provision in the past and the way we are going to remove the ability to use the consent principle in the future on one of the most controversial issues.

Secondly, the Humble Address acknowledges

“the foundational importance of the Acts of Union”.

I find it strange that it acknowledges not just the Acts of Union but their “foundational importance”, because in the court case taken against the Northern Ireland protocol, the Government’s lawyers said that when the House voted for the withdrawal agreement, we had implied the disapplication of article VI of the Act of Union. The courts ruled that article VI, which contains the foundational economic rights, had been suspended, and they have not been unsuspended. Why were they suspended? It was because, as a result of the EU being given the say to make laws in respect of Northern Ireland, there had to be some impediments to trade between GB and Northern Ireland.

The shadow spokesman talked about how even under the Act of Union there were impediments to trade, and he is right. However, there is one fundamental difference: those impediments were put in place and were decided upon by Administrations within the UK, because they saw that an advantage was created. The difference now is that the Act of Union and its foundational economic rights have been suspended because the EU demands that that is the case. Now, as Northern Ireland is part of the single market, the EU requires certain restrictions and checks to be put in place. A further irony is that those restrictions in place, even with the new arrangements, are far more intrusive and far more difficult hurdles to overcome when it comes to trade between GB and Northern Ireland than they would be for trade between France and GB or Germany and GB. That is what has put so many people off trading with Northern Ireland. The Government are now going to say to them all that they should come back to the Northern Ireland market—the shadow spokesman talked about the way in which trade had been diverted—but that is a conscious decision that firms have made because of the difficulties in bringing goods into Northern Ireland from GB.

[Hilary Benn]

On the issues about which the right hon. Gentleman complains, it pains me to say it but they were put in place because the House of Commons voted to pass the European Union (Withdrawal) Act 2018. It is not correct to say that they are enforced upon Northern Ireland by the EU of its own volition; they were arrangements that the House decided should be put in place because the people of the UK had voted to leave the European Union. That, too, is a fact.

[Sammy Wilson]

That vote was made in this House on two grounds. First, the EU made its terms clear and we had a spineless Government that were prepared to bow to it, saying that if those arrangements were not put in place, there would be no deal. Weighing up the impact that might have on the rest of the United Kingdom and the impact it would have on Northern Ireland, the Government decided that Northern Ireland would be the sacrificial lamb. Secondly, we were told at that time, as was this House and businesses in Northern Ireland, “Don’t worry,” and were promised, “You’ll get some bits of paper but just tear them up, or give the Prime Minister a ring and he’ll make sure you don’t have to worry about them.” I accept that the decision was made by this House, but it was made on that basis, and the fact is it still had a detrimental impact on Northern Ireland.

Changes have been made by the Windsor framework, the Northern Ireland protocol and the “Safeguarding the Union” document, but the economic foundational importance of the Act of Union is still being undermined. We are told that 20% of goods still have to go through a red lane. Most of those goods go to manufacturing businesses or distributors in Northern Ireland, in many cases because they are parts of products that will eventually be sold. The businesses will still be subject to checks because the product has not been made—it is only parts coming in—and because of the eventual destination of the products, even though most businesses can say, “Look, we sell in Northern Ireland, outside EU or to GB”.

I spoke to a businessman this morning who informed me that the situation is going to get worse. The paperwork for the last order he got for goods coming through the red lane took six hours. When people are working on very thin margins, that additional work makes them question whether to invest further in Northern Ireland or to jump over the border to the Irish Republic, so the red lane requirements have a huge economic impact.

Even the UK internal market requirements are at the gift of the EU, because the EU still has control of trade that comes from GB into Northern Ireland through regulations 2023/1231 and 2023/1128. If the EU deems at any stage that the arrangements for the internal market lane do not meet its requirements, the ultimate say as to what happens to those movements of trade will remain with the EU and it can go back to the default position with 100% checks. I note that those two regulations have not been removed by the EU as a result of “Safeguarding the Union”. The EU still holds that control, which is worrying for businesses in Northern Ireland. The Humble Address is all about telling His Majesty that the foundational importance of the Act of Union will be respected and is being respected by the Government, but that is just not true.

My final point is about the part of the Humble Address that says that

“executive power in Northern Ireland shall continue to be vested in His Majesty, and that joint authority is not provided for in the Belfast (Good Friday) Agreement 1998 in respect of the UK and Irish Governments.”

There is no definition of “joint authority”. In the past, Ministers have stood at the Dispatch Box and told us there has been no change in the constitutional position of Northern Ireland as a result of the protocol and the Windsor framework, and Northern Ireland was still fully part of the United Kingdom. Words can mean whatever they want, it seems, when the Government find themselves challenged by the agreement they have made with the EU.

I trust that the Government will not accede to some of the demands that have been made. In his intervention, the hon. Member for North Down said that he wanted a review of the Belfast agreement. That would open all kinds of doors. If he had his way, the review would be based on a majority view of what should happen in the future. The removal of the consent principle and the majority vote in the Assembly is what he and his friends in Sinn Féin and the SDLP are aiming for now. Unionists are now a minority, so majoritarianism is no longer a problem.

[Robin Millar (Aberconwy) (Con)]

I have listened with great interest to many of the points made. I am particularly taken by the attention the hon. Gentleman has given to the foundational importance of constitutional matters, which exercises many hon. Members on the Government Benches. Does he agree that it seems incongruous that changes to constitutional law—not primary legislation, but constitutional law—were made in this Chamber through the use of statutory instruments? We had to seek an extension to secure 180 minutes of debate on those measures. Does he agree with many Conservative Members that matters of constitutional law should be treated with proper respect and subjected to proper debate and scrutiny by this House before they are changed?

[Sammy Wilson]

The hon. Gentleman makes a very important point. When we agreed to the withdrawal agreement and legislation, the Act of Union was changed without Ministers even mentioning that that was happening. They used that defence in court later on. A couple of weeks ago, when we discussed protecting Northern Ireland-GB trade and protecting against the threat of a further wedge being driven between Northern Ireland and GB as a result of changes in the law made in this place, we got 90 minutes to discuss those changes and not a great deal of time to scrutinise them. At the end of the debate the Minister had about three minutes to sum up, which did not give him time to answer any of the questions that had been asked.

[Gavin Robinson]

I agree with my hon. Friend that that is not right. The Government did not make the argument after the fact that article 6 had been impliedly repealed or subsequently found by the court to be temporarily suspended—I raised the question in the House of the Minister before the legislation passed and they had not a clue what was being asked of them. The notion that this Parliament chose to proceed along a path that was encroaching on article 6 is not right because it was asked and it was answered negatively by Ministers at the time. We scrutinised. We raised the constitutional importance of the actions they were taking. It was the Government who denied that was the case.

[Sammy Wilson]

I thank my hon. Friend for that clarification. In all the discussions he has used his knowledge of the issues. If we have a Government who simply ignored the points that he made, either because they did not know or did not want others to know, that makes it even more disgraceful. That is why when we have a Humble Address, it is right that we scrutinise, ask questions and raise issues about what exactly is meant by the promises made to His Majesty and the people of Northern Ireland. Sadly, I do not believe that what has been said or the promises that have already been made address the issues. If we are going to address the issue of keeping Northern Ireland firmly within the United Kingdom, the Windsor framework has to go and the principle of consent has to be restored. The people of Northern Ireland and elected representatives in Northern Ireland must have the ability to make the laws that they are elected to make.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. As Members know, we had two significant statements after departmental questions, and it is likely that this debate will go for another hour. A significant number of people put their name down for the general debate on farming that was to follow. That will now be rescheduled, and Members will be told in the usual manner when that debate will take place.