Windsor Framework

Sammy Wilson Excerpts

Tuesday 19th November 2024 Westminster Hall

[Jim Allister (North Antrim) (TUV)]

I beg to move,

That this House has considered the Windsor framework.

When the Windsor framework was introduced, it was the original protocol by another name, because it made no substantive changes to the original text. It was portrayed, sold and packaged as a tremendous opportunity for Northern Ireland. Some time later, we even had the President of the United States, President Biden, talk extravagantly about $6 billion of awaiting investment in Northern Ireland. We had acolytes of the Government talk about Northern Ireland becoming the Singapore of the western hemisphere, and it seemed that no boast was too large to make.

The reality is very different, however, and matters rather came down to earth with a bump just a couple of weeks ago, when Invest Northern Ireland representatives appeared before a Stormont Committee. Remember that the Windsor framework was supposed to unleash an avalanche of foreign direct investment into Northern Ireland because—we were told—our access to the single market of the European Union was the panacea for all things economic. The witness from Invest NI had to confess that there would be no uptake in foreign direct investment, and the framework was not producing the results that were claimed.

There is a very simple reason for that: the counterbalance to accessing the European single market is the fettering of our links to our GB supply market. In order to have that access to the foreign single market of the EU, we had to subject ourselves to EU law. Its customs code says that, with GB not being in the EU but Northern Ireland being treated as an EU territory, GB has to be regarded as a foreign country, hence the erection of the obnoxious border in the Irish sea for the bringing of goods from GB to Northern Ireland. The counterbalance to that alleged wonderful access to the EU single market was the building of a border to fetter trade from GB, and that is why the framework has not produced that magical foreign investment. Anyone looking at investing thinks about not just where they will sell their goods, but where they will get their raw materials from. If the raw material supply line is fettered by an international customs border governed by foreign law—and that is what it is—they are going to think twice about that, and obviously they have thought twice. All the proposals and packaging largely turned out to be insubstantial spin.

[Sammy Wilson (East Antrim) (DUP)]

The boast was that Northern Ireland would have the best of both worlds—the European market and the UK market. Would the hon. and learned Member accept that all the evidence says that, even apart from just the undemocratic nature of laws being imposed on us, businesses are facing huge tax burdens, where they have to pay taxes and then claim them back? They have been shut off from their markets and cannot get supplies, and there are still many sectors of the economy that cannot get supplies from GB.

[Jim Allister]

It has infected every sector, and none more so than the farming sector, which is topical today. Northern Ireland’s veterinary medicines are now under the regime of the EU, and we are facing a cliff edge in that regard—there could be a cut-off of supply from our primary market of veterinary medicines very shortly.

--- Later in debate ---

[Hilary Benn]

I have great respect for the right hon. Gentleman, and he and I have had many discussions about progress on implementing the commitments made in “Safeguarding the Union”. He can see the progress that has been made, and he and I have discussed issues where there is work in progress.

By the way, the original protocol, which had many flaws and difficulties, and the Windsor framework negotiated by the previous Government, which represents a considerable improvement, were both approved democratically by this Parliament. The hon. and learned Member for North Antrim argues that they were imposed from Brussels, but it was this Parliament that decided the way to reconcile the choices—impossible choices, in a way—that leaving the European Union created. Frankly, I would not have started from here, as I think he well understands, but this is a consequence of a decision taken by the British people, and Parliament decided to put these arrangements in place. To reject the idea that there is an issue that needs to be addressed is not the responsible thing to do, and therefore the Windsor framework represented a considerable step forward.

[Sammy Wilson]

The Secretary of State is making much of the fact that this Parliament imposed these arrangements on Northern Ireland, but he set out three objectives: to protect the EU market, to protect the Union and to protect the UK internal market. The European Union is happy with the arrangements, but the other two objectives have not been achieved. Whether this Parliament voted for it or not, the internal market is not operating. There are lots of examples of that, as the Secretary of State knows, because I am sure people complain to him every month, as they do to us. As has been pointed out, we are not part of the United Kingdom any longer when our laws cannot even be made in our own Parliament.

[Hilary Benn]

Northern Ireland is very much part of the United Kingdom. I was merely pointing out that the protocol and the Windsor framework were democratic decisions of this Parliament, of which Northern Ireland is a part. After much debate, consideration, argument and disputation, that is how this Parliament decided to move things forward. The Windsor framework, which I spoke in favour of and supported, was a considerable step forward on the arrangements originally negotiated in the Northern Ireland protocol, which were never going to work. For example, requiring an export health certificate for every one of the items on the back of the supermarket lorries that come across from Cairnryan to Larne and Belfast every single night was never a practical proposition. The Windsor framework has replaced potentially 1,000 or 2,000 certificates with one certificate. That is a step forward by anybody’s definition.

Turning to the question of the consent vote, that is part of the provision that has been made to allow the Assembly to take a decision. I have triggered the consent process, as Members will be aware. It is for the Assembly to take that decision. If it approves the continued operation of the Windsor framework, it will last for another eight years if the approval is on a cross-community basis, or—I speak from memory—for another four years if not. It is for the Members of the Assembly to make that decision, but the framework really does bring a lot of benefits.

At the beginning of his contribution, the hon. and learned Member for North Antrim talked about the fettering of Northern Ireland businesses’ access to GB, if I heard him correctly. There is no fettering of Northern Ireland businesses’ access to GB.

Oral Answers to Questions

Sammy Wilson Excerpts

Wednesday 23rd October 2024 Commons Chamber

[Hilary Benn]

It is really important that the medicines that are required continue to be supplied. The industry has had quite a period in which to make arrangements to ensure that the labelling rules are met. I hope that, in the time available, those companies that have not done so will do so.

[Sammy Wilson (East Antrim) (DUP)]

6. What discussions he has had with Cabinet colleagues on implementing the Windsor framework labelling requirements set out in his Department’s Command Paper entitled “Safeguarding the Union”, published on 31 January 2024.

[The Secretary of State for Northern Ireland (Hilary Benn)]

Having carefully considered the results of the consultation with industry, the Government decided not to proceed with the introduction of mandatory “Not for EU” labelling in Great Britian from 1 October 2024. Instead, we will take the powers necessary to apply “Not for EU” labelling in the future, if that is required to secure supplies in Northern Ireland.

[Sammy Wilson]

The result of the Northern Ireland protocol, signed by the previous Government, has been to create an economic border between Northern Ireland and Great Britain, and the imposition of EU law, which has created a problem for the supply of goods to Northern Ireland. When in opposition, Labour supported the idea of food labelling as a way of avoiding an interruption in the supply of food goods from GB to Northern Ireland, so why have the Government reneged on that promise, and what will be the trigger for its imposition if needed?

[Hilary Benn]

The consultation on UK-wide labelling led the industry to say that such labelling would impose huge costs on industry, and therefore on consumers, through raised goods prices. The aim is to ensure that goods are not delisted in Northern Ireland. That is why we are taking a power to ensure that if there is any evidence of that happening, the labelling requirements set out in “Safeguarding the Union” can be applied, including on individual products on a sectoral basis.

Northern Ireland City Deals

Sammy Wilson Excerpts

Wednesday 9th October 2024 Commons Chamber

[Hilary Benn]

The hon. Gentleman makes a powerful and important point. The progress that Northern Ireland has made over the past 26 years since the signing of the Good Friday agreement is what everybody is striving to continue. I am confident that the Treasury will pay close attention to the exchanges on this urgent question, and the hon. Gentleman’s eloquence speaks for itself.

[Sammy Wilson (East Antrim) (DUP)]

I have listened to the answers that the Secretary of State has given, and I cannot understand his logic. First, one of the reasons for not progressing with these deals is that they are not far enough advanced. Does he not recognise the amount of money that has already gone into developing them, and how this decision puts that money at risk? Who will put further resources into those schemes if there is no certainty at the end?

The Secretary of State has talked about Northern Ireland being part of economic growth. In the Causeway Coast and Glens case, much of the investment will be for economic growth, whether that is the development of food and drugs at the University of Ulster, the innovation hub at North West Regional College, or the innovation hub in Cushendall. By not having those schemes in place, the Secretary of State is going to affect economic growth, so can he explain the logic of the decision he has made?

[Hilary Benn]

In fairness to myself, I have pointed out that these two schemes are not as far advanced as the Belfast and the Derry/Londonderry and Strabane city deals, because one of them only recently signed its heads of terms and the other has yet to do so. From memory, the time it took for the Belfast and the Derry and Strabane deals to get from heads of terms to full financial deal signing was between two and a half and three and a half years. So there is some way to go based on past experience, precisely because a great deal of work has to be done in partnership with the private sector, the Northern Ireland Executive, local businesses and the councils to put the shape of the deals in place. The right hon. Member makes a powerful argument for clarity as quickly as possible.

Patrick Finucane Murder

Sammy Wilson Excerpts

Wednesday 11th September 2024 Commons Chamber

[Sammy Wilson (East Antrim) (DUP)]

This is a bad decision today. It will cause anger and further hurt for the many hundreds of families who have not had justice for the murder of their loved ones, including the mass murder of Protestant workmen at Kingsmill, the blowing up of Protestant workmen at Teebane and the horrendous murder of worshippers at Tullyvallen, among others. I think the Secretary of State has to explain to the House why, after tens of millions of pounds have been spent on inquiries and reviews of this case, he still believes it is necessary to acquiesce in the demands of the family by having another inquiry. How does he justify it to those hundreds of families that no such resources will be put in place to seek out the truth about the murders of their family members? Given the record of inquiries of this nature being a golden goose for barristers and solicitors in Northern Ireland, how is he going to ensure that the costs are capped?

[Hilary Benn]

The right hon. Member recounts some of the terrible murders, and I have myself met, as I am sure others have, the only survivor of the Kingsmill massacre and heard at first hand the truly chilling story of what happened on that day. First, considerable resources are now being given to the independent commission, and it is important to recognise that, because it has a huge task on its hands. I hope others will come forward to the commission to avail themselves of what it can offer.

Secondly, and I have said this to other Members in answering their questions, in this particular case a commitment was made twice, and I think it is important that we honour it. We also have to recognise in this particular case that the Court held in 2019 that all of the investigations—I accept what the right hon. Member said about them and their extent, and of course they involved the expenditure of public moneys—did not meet the requirements of article 2. Faced with that, and faced with the quashing at the end of 2022 of the decision of a previous Secretary of State not to call an inquiry pending further investigations, it has fallen to me to look at this and to decide how we are going to go forward. I have set out my reasons as clearly as I can hope to do.

Oral Answers to Questions

Sammy Wilson Excerpts

Wednesday 24th July 2024 Commons Chamber

[Sammy Wilson (East Antrim) (DUP)]

2. What discussions he has had with Cabinet colleagues on the redevelopment of Casement Park.

[Claire Hanna (Belfast South and Mid Down) (SDLP)]

10. What discussions he has had with the Chancellor of the Exchequer on funding for the redevelopment of Casement Park.

[The Secretary of State for Northern Ireland (Hilary Benn)]

The Government are committed to ensuring that Euro 2028 benefits the whole of the United Kingdom. We are working as quickly as possible with all partners to assess the options on the Casement Park project.

[Sammy Wilson]

Many people were surprised when the Secretary of State, on first being appointed, made it his priority to deliver on Casement Park. Committing £320 million for a stadium to host five matches at a time when there are huge waiting lists to be dealt with in the health service, and with special educational needs and social housing needing funding, is an indefensible use of public money. Can the Secretary of State assure us that the Government’s view has not been influenced by any personal interventions by the chief of staff of the Labour party, for whom this is a personal project, and can he confirm that such an intervention would be a breach of standards in public life?

[Hilary Benn]

I would say to the right hon. Gentleman that I said this was a priority because a decision needs to be made. The fact is that the Government have inherited a commitment to hosting the Euros at Casement Park. It is now a year and three quarters since UEFA awarded that right to Northern Ireland, and to the United Kingdom and Ireland, but nothing has happened during the year and three quarters since then to progress the project. We are left with a situation in which the cost has gone through the roof, and even if we had the money, we do not know if we could build it in time. That is why the Government are looking at it, and that is why I said it was a priority to make a decision.

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.

United Kingdom Internal Market

Sammy Wilson Excerpts

Thursday 1st February 2024 Commons Chamber

[Sir Jeffrey M. Donaldson]

rose—

[Sammy Wilson (East Antrim) (DUP)]

Will the Minister give way?

[Mr Baker]

I will. I cannot say that I am astonished; this is the important moment.

[Sammy Wilson]

Does the Minister accept that all the statistics show that it is not true that 20% of the trade that goes through Northern Ireland goes to the Irish Republic? In fact, it is about 0.1% to 0.4%. Much of that trade, which will go through the red lane, consists of goods going into Northern Ireland, either to warehouses or to manufacturers in Northern Ireland. They might never go near the Irish Republic. They might stay in Northern Ireland, go back to GB, or go to the rest of the world, yet such products will still be subject to checks going into Northern Ireland.

[Mr Baker]

I would not accept that. I am not in a position to set out the statistics, and I do not doubt that the statistics need some work applied to them. It pains me to say this, as I have always regarded the right hon. Gentleman as a great friend—he and I have walked a long way together on this and I have always regarded him as an ideological bedfellow, both on the Union and on Brexit—but as his group leader, the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), said earlier, we voted for, and fervently supported, the protocol Bill. We said that we were willing to have a red lane in order to safeguard the legitimate interests of our friends and partners—and family members, as the Irish ambassador Martin Fraser said. This was always a family dispute, and we were always going to get through it.

Our friends in Ireland, and indeed in the EU, have legitimate interests, which we should have the humility to respect. Even if we had acted unilaterally as a single united Parliament, ridden roughshod over any international negotiation and just done what suited ourselves with the protocol Bill, we would have implemented the red lane. I am afraid that I will part company now with anyone who says otherwise. We would rightly have implemented the red lane, even acting unilaterally, out of respect for the legitimate interests of our friends and trading partners.

--- Later in debate ---

[Jim Shannon]

rose—

[Sammy Wilson]

rose—

[Madam Deputy Speaker (Dame Rosie Winterton)]

There are two speakers left, and I suggest they speak for nine minutes each.

--- Later in debate ---

[Sammy Wilson]

I will not go over the wide range of what is in the Command Paper or the SI, but will focus on some particular points in the SI. It is well known that I do not support this deal or agreement, and I have given reasons why not. It is important that we have the opportunity to examine the detail of it, and the way that this legislation has been hurried through today has not allowed that examination. That is one reason why I will focus just on one particular aspect of it.

When my hon. Friend the Member for Belfast East (Gavin Robinson) was speaking, he talked about the need to get rid of the debris or litter that was still around. The first point I want to make—perhaps the Minister can answer this in summing up—is that a lot of legislative litter is still around as a result of the arrangements put in place for the red lane and the green lane. We have statutory instruments on which I have spoken in Committee on a number of occasions, and EU regulations, including regulation 2023/1231, which gives the EU the right to make the final decision to suspend goods going through the green lane—and, I suspect, the internal market lane —and make the red lane the default position. I wonder when we will see the removal of all the infrastructure around the previous arrangements in the protocol and the Windsor framework. That would indicate that the UK Government were totally in command of goods flowing into Northern Ireland, rather than, as the EU legislation and indeed the withdrawal agreement state at present, the EU having the final say.

Secondly, my hon. Friend indicated that the movement of goods between Northern Ireland and GB was an issue of concern. It is, and indeed it is likely to be an issue of concern in the future, especially since the Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024 make it clear that legislation could be introduced in the House that would impact on trade between Northern Ireland and GB—for example, if the Government decide to change some retained EU law. The only assurance given is that a Minister would have to make an assessment of the impact and report it to the House. But at the end of the day—this is clear in proposed new section 13C of the European Union (Withdrawal) Act 2018—he could make a decision to proceed nevertheless, even though that would likely have an impact on trade.

EU law could be another reason for divergence. We could find decisions made or practices allowed in the EU that put the GB market at risk. That is why we will be introducing the border operating model. The danger is that Northern Ireland goods could get caught in that. I imagine hearing people, including the Minister, saying, “But the legislation prevents that.” It does—on the face of it, we cannot have any border checks for what are called Northern Ireland qualifying goods going into GB. Indeed, local authorities will be informed that trade cannot be restricted, that no barriers can be put up to that trade and that Northern Ireland qualifying goods should have free access. Of course, all the export declarations previously required are to be dropped. However, perhaps the Minister can tell us what is meant in proposed new section 45B of the UK Internal Market Act 2020, which indicates that if goods fall into one of five categories, they will require export declarations.

Leaving that aside, let us look at the situation—actually, it is provided for in this legislation—whereby it is quite clear that the freedoms given for Northern Ireland qualifying goods to sail through into GB are being abused by exporters from the Republic, who bring goods through Northern Ireland and declare them as qualifying goods. By the way, it appears that no evidence has to be given; it will simply be taken on trust when goods are declared to be qualifying goods. I see the Minister is nodding.

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

indicated dissent.

[Sammy Wilson]

Perhaps the Minister can tell us what proof companies will have to give and how onerous that proof will be. What will happen where it becomes clear that there is abuse in goods moving through Northern Ireland into GB? It appears—again, if I am misreading this, perhaps the Minister can explain it to me—that proposed new section 45C indicates that guidance will be given to local authorities, probably through bodies and so on, as to what needs to be done to keep the free flow of goods between Northern Ireland and GB, but proposed new section 46A states:

“The Secretary of State may revise or revoke (in whole or in part) any guidance issued under this section.”

In what circumstances would that guidance be given? If it were given, what would the impact be on the free flow of goods from Northern Ireland to GB, which is more than 60% of our market? It is about those details.

When we have this kind of seal of an agreement, with all the wide-ranging and broad-brush aspects, we sometimes find that when we get down to the detail it falls apart, as happened in the Windsor framework—let us not forget that it fell apart within about two days of the Prime Minister giving the assurances. It is important that we understand all the various scenarios that are being painted in such a detailed SI as this.

First, will the Minister give us an assurance about what is happening to the green lane infrastructure—will the SIs and the EU regulations be removed, or will they stay in place, as part of the Windsor framework, the protocol and the withdrawal agreement? Secondly, what are the five categories of goods that will require export declarations? People need to know. Thirdly, when it comes to the goods flowing into GB, under what circumstances will the border operating model be applied to them? The final point I want to make is this—

[Julian Smith]

Will the right hon. Member give way?

[Sammy Wilson]

I only have one minute left. We are told in paragraph 100 of the Command Paper that for goods going through the green lane, some declarations of “standard commercial information” will be required. Perhaps the Minister could tell us what standard commercial information companies will be continue to be required to supply, even under the agreement.

--- Later in debate ---

[Sammy Wilson]

Will the Minister give way?

[Mr Baker]

I am extremely short of time but, out of respect, I will give way.

[Sammy Wilson]

Will the Minister admit to the bottom line, as contained in proposed new section 13C(2)(b) of the European Union (Withdrawal) Act 2018, set out in the draft Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024, which requires

“a statement to the effect that the Minister is unable to make such a statement”—

that is, that the Bill in question will not affect trade between Northern Ireland and GB—

“but His Majesty’s Government nevertheless wishes the House to proceed with the Bill”?

The bottom line is: yes, divergence can happen and trade can be disrupted.

[Mr Baker]

I readily concede that there can be changes to retained EU law and that divergence can happen, but we have set out the safeguards at some length. I also encourage the right hon. Gentleman—as my right hon. Friend the Member for Skipton and Ripon (Julian Smith), who made an excellent speech, said, and as indeed the right hon. Member for Leeds Central (Hilary Benn) said—to look at the section of the Command Paper in relation to the Acts of Union. I myself learned a great deal about it.

Northern Ireland

Sammy Wilson Excerpts

Thursday 1st February 2024 Commons Chamber

[Chris Heaton-Harris]

I am afraid that the back of a postage stamp is too big to write what they have achieved. The right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) has achieved so much in this deal in safe- guarding the Union and his detractors have not come up with anything.

The changes the right hon. Gentleman has secured in these regulations and the other instrument before this House, which we will consider shortly, will further enhance those protections. The regulations end any presumption that there is any form of automatic and unchecked dynamic alignment with European goods rules. Section 7A of the European Union (Withdrawal) Act 2018, the so-called pipeline of EU law, is now expressly subject to the operation of vital democratic safeguards that the Northern Ireland Assembly, when sitting, will be able to exercise, including the Stormont brake. Indeed when— I emphasise when—Stormont begins to sit again and first assembles, I will be able to sign that Stormont brake legislation into law and it will be available to be used by the Assembly as we move forward. When Parliament passed the 2018 Act, it was exercising its sovereignty so that the UK-EU withdrawal agreement could be implemented in domestic law.

[Sammy Wilson (East Antrim) (DUP)]

The Secretary of State indicates that there are now “vital democratic safeguards”—he used the plural term—to guard against EU law, including the Stormont brake. Can he tell us what the other safeguards are?

[Chris Heaton-Harris]

Yes: we have the withdrawal Act itself, and the right hon. Gentleman is sitting in the place that safeguards our laws themselves.

It is right that we are updating domestic law to reflect the fact that democratically elected representatives in Northern Ireland will now be able to reject new and amended EU law and that the withdrawal agreement’s implementation is subject to robust scrutiny.

--- Later in debate ---

[Chris Heaton-Harris]

Actually, for an element of law that would be triggered by the Stormont brake, I think the biggest say would be with Assembly Members, though this place—Parliament—is sovereign, and the hon. Gentleman will know that this place has already chosen for Great Britain to diverge from Northern Ireland. That has happened on the matter of animal welfare and livestock exports, and for good reason: Northern Ireland has a land border and a vociferous and lively trade in live animal exports with the Republic of Ireland, and were we to extend the ban in Great Britain to Northern Ireland, that would affect the export of about 3,500 cattle, 1,700 pigs, 337,000 sheep, and so on. Those are the figures for livestock moved to Ireland from Northern Ireland in 2022. This place already makes such decisions and it will continue to do so.

[Sammy Wilson]

The Secretary of State is at odds in making that argument. That is one argument that the Minister for Food, Farming and Fisheries made in saying why Northern Ireland should be excluded, but the reason given was that, because Northern Ireland is part of the EU single market, there could not be discrimination between cattle being transported to the Republic of Ireland and cattle being transported thousands of miles away to the south of Italy. That is the real reason why this House once again found itself subservient to EU rules in Northern Ireland.

[Chris Heaton-Harris]

I am afraid that the right hon. Gentleman is completely wrong. I know that he has written to my right hon. Friend the Minister for Food, Farming and Fisheries—I have his reply, which I was copied into—expounding that some sort of carve-out should be made. But this is on the basis of a range of international agreements and their core principles, and that includes the World Trade Organisation. As good a Eurosceptic as I am, I am careful not to blame the wrong organisation for the wrong things. We have signed up to World Trade Organisation rules, and we benefit from those rules. One element of this issue is World Trade Organisation rules, and he is picking the wrong thing to point his finger at. Those rules prevent discrimination against different countries in all sorts of ways, and they are important, vital rules. I am afraid that on this particular point, he is completely wrong.

I have long been clear to right hon. and hon. Members that I serve in the Government proudly as a Unionist. I am pleased that the regulations, which I commend to the House, will address the concerns expressed by part of the community in Northern Ireland in past years that our Union of nations has been somehow diminished as a whole. The regulations demonstrate that the Government have listened so that trust can be rebuilt, so that people and businesses can be reassured that they are in the UK’s long-term future, and so that we can see Northern Ireland’s political institutions restored.

--- Later in debate ---

[Hilary Benn]

I am a teetotaller, so perhaps I do not feel the suffering in that example in the same way as other Members. However, the right hon. Gentleman is an observant student of Northern Ireland history, and he makes his point extremely forcefully.

[Sammy Wilson]

Does the right hon. Member recognise the difference between a tariff being put on by this Parliament or the Assembly or a Parliament in Northern Ireland, where the people of the country elect representatives who take a decision on tariffs that act as an impediment to trade, and a tariff imposed by an outside body such as the EU, which is the case in Northern Ireland? That is how the Act of Union is being disrupted, because an outside body can interfere with it.

--- Later in debate ---

[Sir Jeffrey M. Donaldson]

I thank the hon. Member for his intervention, his continuing interest in Northern Ireland and his work in this place to strengthen and protect our Union. He makes a strong point, which I welcome.

[Sammy Wilson]

I acknowledge the point made by my right hon. Friend, but does he also accept that, in proposed new section 13C of the Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024, the Government still reserve a right in the statute book to introduce laws that will interfere with trade in Northern Ireland?

[Sir Jeffrey M. Donaldson]

I urge my right hon. Friend to read all the proposals. If he does, he will see that a new statutory duty will be introduced that will ensure that in circumstances where there is the risk of divergence, the Minister in charge of the new policy or law will come to this House and make a statement, not only informing the House of any potential impact on Northern Ireland’s place within the United Kingdom internal market, but setting out the measures that the Government must take to ameliorate that situation. That is set out clearly in the Command Paper. It is a commitment by the Government, on which we intend to hold them to account.

Going forward, it is important that we have a means of scrutiny and cutting the EU pipeline, as we have through the amendment to section 7A of the European Union (Withdrawal) Act 2018. People told us, by the way, Madam Deputy Speaker, that we would not achieve legal change, and yet that amendment to section 7A cuts the EU pipeline and ends the automatic alignment of Northern Ireland with EU law. That is something this party can take great credit for, because we have achieved what none of our detractors has been capable of achieving. That offers us the opportunity to influence clearly, as we stated in our seven tests, how we might proceed.

In conclusion, on behalf of my party, I welcome this legislation. It is important constitutional legislation that safeguards our place in the United Kingdom. We will hear later about further changes to the law that will protect our place in the UK internal market. Taken together with all the proposals in the Command Paper, I believe we have a basis for moving forward.

Northern Ireland Executive Formation

Sammy Wilson Excerpts

Wednesday 31st January 2024 Commons Chamber

[Chris Heaton-Harris]

I thank my hon. Friend for his question. He and I have had a number of discussions over the years on these sorts of matters, and his question is a very wise one. As I mentioned, we are amending section 7A of the European Union (Withdrawal) Act 2018, so there is now a powerful democratic safeguard on the flow of EU law, which a new Assembly will have immediately at its fingertips. I thank my hon. Friend, because I know about the work that he did to ensure that section 38 was included in the Act. I hope he recognises that we are adding Northern Ireland’s place in the United Kingdom, which is a strong addition to section 38 of the European Union (Withdrawal) Act 2020. Indeed, his original clause has been a big part of the solution to this conundrum, and I am truly grateful to him for it.

[Sammy Wilson (East Antrim) (DUP)]

Despite the gains made by my party leader and deputy party leader in these negotiations, the fact remains that there are still EU-manned border posts being built in Northern Ireland, which will create a border within our own country. When the Northern Ireland Assembly sits, Ministers and Assembly Members will be expected by law to adhere to and implement laws that are made in Brussels, which they will have no say over, no ability to amend and no ability to stop. That is a result of this spineless, weak-kneed and Brexit-betraying Government refusing to take on the EU and its interference in Northern Ireland.

The Government have admitted that there will be divergence in the future. On page 17 of the Command Paper, there is an indication that there will be a legal requirement to assess whether new legislation impacts on trade between Northern Ireland and GB. If it does, Ministers have to make a statement. We have had the Minister of State, the right hon. Member for Wycombe (Mr Baker), saying only this week that that does not mean that the UK Government cannot introduce laws that diverge from the EU laws that apply in Northern Ireland. Which is it? Is Northern Ireland going to find that it has the ability to stay tied to the United Kingdom, or will the Government happily proceed to change laws here in Westminster, regardless of the impact it has on Northern Ireland?

[Chris Heaton-Harris]

I thank the right hon. Gentleman for his question, but some of the points he made were actually incorrect. In the Northern Ireland Protocol Bill, we said that there would be checks on goods going into the EU single market. I think that every piece of legislation we have proposed in this place has said that, but it will be UK folk operating the UK internal market scheme. Today, on the fourth anniversary of our leaving the European Union, I can tell him that the agreed package of measures will not change the freedoms and powers we have secured through Brexit or the Windsor framework. It will not reduce our ability to diverge, nor our commitment to do so, should it be in the interests of the United Kingdom.

The right hon. Gentleman refers to clause 13C in one of the statutory instruments. A whole swathe of things happen behind the scenes before a Bill is brought before this House. One of them, which the hon. Member for Belfast East (Gavin Robinson) has complained to me about before, is something we call the parliamentary business and legislation committee, or PBL. We do a Star Chamber of Bills, and the Secretaries of State for Scotland, Northern Ireland and Wales attend to state whether there is any adverse effect of the legislation being mooted. What the right hon. Gentleman rightly asked for is transparency and the publication of a written ministerial statement when there is the possibility of a significant adverse effect on GB-NI trade. Publishing a written ministerial statement is not in any way what he says it is.

Northern Ireland (Executive Formation) Bill

Sammy Wilson Excerpts

2nd reading
Wednesday 24th January 2024 Commons Chamber

[Hilary Benn]

I agree with my hon. Friend that this is the moment to get the institutions back up and running. I wish the person he referred to all the best in their treatment.

The civil servants are left to make decisions that ought to be made by elected representatives. In the case of public sector pay, for example, some workers have not had a pay rise for almost three years—that should hardly bear repetition—and no decisions have been taken because there is not enough money in the budget to do so. That is why there was such a large strike last week, and I see that further industrial action is likely coming towards us. Everyone, including the Government, now recognises that that is not a sustainable position.

The proof on the Government’s side is that, in announcing the financial package, they identified money for public sector pay, but it will not be released until such time as the Executive are restored. If I may be frank, I understand why the Secretary of State took that decision initially, but in relation to public sector pay, that moment has now passed. That is why I called on him last week to release that part of the budget package so that the disputes can be settled, workers can get their pay increases and public services can try to address the many challenges that they face.

[Sammy Wilson (East Antrim) (DUP)]

The right hon. Gentleman is making an important point. Many public sector pay awards have been made—nearly 50 over the past year. The only reason the current one is not being made is that the Secretary of State is holding teachers, nurses and so on as pawns in the game that he is playing in his efforts to force us to make a decision that he wants us to make, but that we do not wish to make.

[Hilary Benn]

The right hon. Gentleman links the pay question to his stance on the DUP’s difference of view on the Windsor framework and the protocol. I say to him in return that it is equally true that if the DUP were to go back into government, public sector workers would get their pay increase. That is why I said a moment ago that I hope very much that that will be the case.

--- Later in debate ---

[Sammy Wilson (East Antrim) (DUP)]

I am not too sure why we have the Bill in this form today, with the suggestion that we could have further legislation on 8 February. I suppose the generous interpretation is that the Government still recognise that a lot of work needs to be done to deal with the concerns of the Unionist population. The other interpretation is that this is an attempt to put short-term pressure on my party to come to an agreement on the basis of terms that are unacceptable.

I know that the Government are intent on trying to put the failure of their negotiations with the EU behind them because they have so much internal division with their own party about how they have failed to deliver on the promises of Brexit, but cementing this agreement into the constitutional position of Northern Ireland is not good for a Government who claimed that they wanted to take back sovereignty, and it is not acceptable to Unionists in Northern Ireland who have gone through terrorist campaigns, and shown resolve in terrorist campaigns, in order to stay within the United Kingdom.

We have had all kinds of pressure put on us. We have had threats. We have even heard more of those threats today, such as, “If you don’t go down the route of getting a resolution here, we will have to re-examine the Belfast agreement. We will maybe have to take away the safeguards that were put in place.” With Unionists now not being the dominant parties in the Assembly, it is easy for those who said safeguards for minorities were important in the agreement to dismiss them now. I listened to the hon. Member for North Down (Stephen Farry), and it is little wonder that many people in North Down regard him now as a Sinn Féin cuckoo in the constituency nest, because he talks and argues so much as though he were coming from a Sinn Féin position, rather than from the position of a constituency that is predominantly Unionist.

We have had the threats, including that there might be a change in the agreement that would take away the consensus, or that we might have direct rule that involves the Irish Republic, even though there is no provision for that in the Good Friday agreement. Of course, the Secretary of State has sought to say this at times—or through surrogates. I notice that the hon. Member for North Down echoed the words of the Chairman of the Northern Ireland Affairs Committee in threatening that there could be big change that would be detrimental to the Union if we did not come to an agreement quickly.

We have had the bribes, and of course we have also had the bullying: “If you don’t go back into the Assembly, people will not get their pay rise.” I have to say to the Secretary of State that it does not become the current Government to use the workers in Northern Ireland as pawns in trying to push us into a situation. He well knows that this is unnecessary, because nearly 50 public sector pay agreements have been awarded in the last year. However, because there is now an opportunity to use public sector pay agreements, they are being used to exert pressure.

As far as we are concerned, and as our leader has made clear, we want to see devolution restored. In fact, devolution stopped only because the Government refused to listen. Furthermore, not only did they refuse to listen but they expected Unionists to stay in positions in Northern Ireland where they would have had to implement the very thing that we believe is destructive to our economy and will destroy the Union as well. That was an act of last resort. Nevertheless, the Government must be aware that the economic impact of the border in the Irish sea must be removed. The shadow Secretary of State for Northern Ireland said today that the red lane was only for goods moving into the Republic and that that surely showed the integrity of the UK internal market. That is not true. There are many businesses in Northern Ireland that will have to use the red lane until they show where their goods have gone.

I spoke to a businessman this morning in the constituency of my hon. Friend the Member for Strangford (Jim Shannon) who told me that he had a consignment of goods come in this week with 151 individual items for which he had to identify the country of origin, change the product codes and provide weights and a whole range of other information. He is a small businessman. He sent me a message he had received from a major supplier in Manchester, where he bought 10% of his goods, who had finally said to him, “I can’t trade with you anymore. It is not worth my while, given the amount of paperwork.” He operates in Newtownards and none of his goods sell in the Irish Republic, yet he is subject to all this. Now he has to look for new supply chains, and it has been pointed out here many times before that the Irish Government are not behind the door in exploiting that. In fact, he told me that officials from the trade body in the Irish Republic ring him up on a regular basis and ask why does not buy from such and such a supplier in the Republic. It is no wonder that we have already seen a 15% trade diversion as a result of this.

This is hurting us economically. In the long term, it is hurting us constitutionally, too, with the application of EU law in Northern Ireland. We have seen it in the last week on animal safety standards, which cannot apply in Northern Ireland even though the law was passed by this House. Regulations on illegal immigration cannot apply in Northern Ireland, and there is a danger of having to introduce passport controls if Northern Ireland becomes a magnet for illegal immigration. We now have Bills being passed by Parliament that extend to Northern Ireland but cannot apply to Northern Ireland, and we cannot tolerate that.

Unless those issues are dealt with, and as the Secretary of State well knows, how could any Unionist be expected to accept that trade within our country continues to be disrupted? It will hurt businesses and, in the long term, our constitutional arrangements, causing divergence between Northern Ireland and the country to which we belong.

My right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) indicated that he is prepared to work to resolve that challenge, and he has indicated that he takes personal abuse for working at it—that is the position in which politicians now find themselves in Northern Ireland. We did not create this problem. The Government created this problem, and courageous people such as my right hon. Friend should not be hung out to dry because the Government are not prepared to take on their masters in the EU.

[Mr Deputy Speaker (Sir Roger Gale)]

I call Jim Shannon. I would be grateful if he tried to confine his remarks to five minutes.