Clonoe Inquest

Sammy Wilson Excerpts

Tuesday 11th February 2025 Commons Chamber

[Hilary Benn]

In all honesty, I have to say to the hon. Gentleman that, of course, I was not present at the time; I am not the coroner; I have not looked into the circumstances of the case; and therefore I am not in any position to answer the question that he has put to me. But I have read the summary of the coroner’s findings. They of course raise serious matters, which is why the Ministry of Defence is considering them.

[Sammy Wilson (East Antrim) (DUP)]

As has been said, people in Northern Ireland are appalled at this decision by a coroner who, incidentally, would have had police officers protecting him during the troubles. I guarantee that had he been faced with armed terrorists and those officers had asked them to put their hands up and surrender, he would have been appalled. He would have expected them to be shot. People will be equally appalled by the measly mouthed response from the Secretary of State. Let me quote some of the things he has said: “I can’t comment on this”, “We have to take seriously the judgment of the coroner” and “I will defend the ECHR, even though it has been abused by terrorists.” When will the Secretary of State take the side of the soldiers who fought in Northern Ireland and not be afraid that whatever he says here might offend Sinn Féin, the IRA and their supporters?

[Hilary Benn]

I will only say to the right hon. Gentleman that the characterisation of the views that he attempts to attribute to me is incorrect, but I make no apology for telling the House about this Government’s support for the European convention, because this set of findings by the coroner has nothing to do with the European convention on human rights. The coroner was faced with a set of circumstances. He considered them and produced his findings, as inquests do all the time. People are entitled to criticise the outcome, but it is an independent coronial process.

Oral Answers to Questions

Sammy Wilson Excerpts

Wednesday 15th January 2025 Commons Chamber

[Hilary Benn]

It is indeed a vital economic route, and like the hon. Member, I look forward to seeing it improve, not least in the interests of safety, as quickly as possible.

[Sammy Wilson (East Antrim) (DUP)]

6. What steps he has taken with Cabinet colleagues to prevent disruption to the supply of goods to Northern Ireland from Great Britain since the introduction of the EU general product safety regulations.

[The Parliamentary Under-Secretary of State for Northern Ireland (Fleur Anderson)]

The updated EU general product safety regulations largely formalise how businesses already operate in the UK, and the majority of businesses have adapted to continue trading within the UK and with the EU. In December, the Government published guidance for businesses on the application of the regulations in Northern Ireland. The Secretary of State has this week met ministerial colleagues, and will keep this under review.

[Sammy Wilson]

As a result of those EU regulations, thousands of consumers in Northern Ireland are denied goods from Great Britain, and rather than adapt, businesses in GB have simply abandoned the Northern Ireland market. At the same time, this week, the Department for Environment, Food and Rural Affairs has banned the import of meat from Germany, where there has been a foot and mouth disease outbreak, but has not extended that ban to Northern Ireland because of the Northern Ireland protocol. While the EU protects its market, the UK appears to have abandoned the internal market of its own country. What will the Minister do to redress that?

[Fleur Anderson]

The Government are absolutely committed to ensuring a smooth flow of goods across the UK internal market. We understand that many companies have adapted easily to GPSR, while for some it is more difficult. The Secretary of State has met the Minister for business this week to discuss further guidance and assurance, and will continue to have such discussions.

European Union (Withdrawal Arrangements) Bill

Sammy Wilson Excerpts

2nd reading
Friday 6th December 2024 Commons Chamber

[Jim Allister]

I respectfully and utterly disagree. As part of the United Kingdom, we are all subject to the Human Rights Act 1998. The Human Rights Act is what fundamentally gives the hon. Lady’s constituents the rights that they have in that sphere, and she would lose nothing by losing the control of the foreign court of the European Court of Justice.

I am listing examples of the 300 areas of law that have been purloined by the EU in its sovereignty grab over Northern Ireland. I mentioned the 34 different diktats on animals. We have even reached the point in Northern Ireland where, under these arrangements, our cattle can no longer bear a UK ear tag. They now have to have a specified European Union ear tag. That is but an illustration of how absurd and utterly wrong and offensive it is that the right to make the laws in our own country has been surrendered to a foreign power.

All those 300 areas are set forth in annex 2 of the protocol or, as it is now more kindly called, the Windsor framework. Look at annex 2, look at the hundreds of laws—289 of them which now have been removed from the ambit of the lawmaking of this House or the lawmaking of the Northern Ireland Assembly.

[Sammy Wilson (East Antrim) (DUP)]

It is amazing to look at the volume of law: there are 70 pages containing not the details of the law but simply the headings of the law. That shows the extent to which the EU has its foot in the door in Northern Ireland.

[Jim Allister]

Absolutely. I printed them off a couple of months ago and I was staggered by how voluminous just the titles are. It is not just 300 laws; it is 300 areas of law which have been surrendered.

I have a challenge for every Member of this House who comes from a different part of the United Kingdom from Northern Ireland—those who represent GB constituencies. My challenge to them today is: “How would you feel if in 300 areas of law affecting your constituents, you had no input—you couldn’t change, you couldn’t move an amendment—because those laws were made colonial-like in a foreign Parliament by those elected not by your constituents but by the constituents of 27 other countries?” How, I ask this House, could any democrat, any representative MP, say that is right and correct?

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[Jim Allister]

Maybe the hon. Member could help me. What would he call taking a territory and subjecting it to someone else’s laws? What would he call it other than colonisation? Is that not the very essence of what he and his colleagues wear as a badge of pride in their anti-colonialism? Is that not what it is in name and in truth?

[Sammy Wilson]

Does the hon. and learned Gentleman remember that in the Brexit negotiations those so-called allies made it clear that the price of Brexit would be Northern Ireland’s removal from the United Kingdom? Far from being allies, they declared themselves to want to be colonisers.

[Jim Allister]

Yes, that was the boast of Mr Barnier and his staff: that the price of Brexit would be Northern Ireland—and so it has proved to be. That may be something of indifference, or indeed pride, for some people in this House, but it should be a badge of shame that we allowed a part of the United Kingdom to be colonised by the EU, and that we have surrendered our rights to make our own laws.

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[Jim Allister]

I absolutely agree. The fascinating point is the very concept was articulated from and originated within the EU itself.

During the early stages of the negotiations, Sir Jonathan Faull and academics Daniel Sarmiento and Joseph Weiler came up with that proposition. It is not my proposition. It is not a United Kingdom proposition. It was an EU proposition. They said the answer is mutual enforcement. Today we have a statement from those three gentlemen, which has been made public. It says, “On Friday of this week, the House of Commons will be debating a Bill which attempts to address some of the difficulties resulting from the Brexit divorce agreements between the EU and the UK, which might be of interest to readers. In 2019, we proposed a solution which would have obviated any need for these complicated and divisive legal manoeuvres. The UK and the EU could have respected each other’s positions and saved everyone a great deal of time and effort. The Financial Times characterised the proposal as a ‘win-win solution’. Regrettably, it was not followed.” I echo that: regrettably, it was not followed. Why was it not followed? Because the politics took over. Instead of looking for a workable, practical border solution, the politics of making the United Kingdom pay for leaving the EU took over. That is how we got into this morass of a pernicious imposition through the border.

[Sammy Wilson]

During the early stages of the negotiations, the permanent secretary of the then Brexit Department told the Select Committee that the Irish Government, before Leo Varadkar took over, were actually exploring those kinds of solutions. The politics of the changeover in the Irish Republic and the willingness of Leo Varadkar to become the puppet of the EU in these negotiations stopped that method of looking at the border.

[Jim Allister]

I fear that there is a lot of truth in that. As I say, the politics took over. A further truth is that for some—not all, but some—enthusiasts of the protocol arrangement of a nationalist or Irish republican persuasion, there is a political gain that subsumes all doubts that they might have as democrats. For 30 years and more, the IRA terrorised through bomb and bullet to try to push the border to the Irish sea: “Brits out—push the border to the Irish sea!” That is precisely what the protocol has done: it has pushed the border to the Irish sea.

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[Peter Dowd]

My hon. Friend is absolutely right. I would be the first to admit that we do not always get these things right—whoever does? What we have to do is try, try and try again, and attempt to do our best in good faith. I will come back to that in a moment.

[Sammy Wilson]

The hon. Member has quoted some of the comments that were made in this House, but does he accept that of the two people who negotiated the very things that he is referring to, and to whom those comments refer, one thought that he had signed up to an agreement for no paperwork? He said that if there was any paperwork, people should simply tear it up, as it does not matter. Does he accept that the other one negotiated an agreement whose EU version was totally different from the version that he gave to this House and the people of Northern Ireland? Let us not fall back too much on the comments made about either of the two agreements of the time, because many were made either with a lack of knowledge or with hope that was not fully founded.

[Peter Dowd]

I understand the right hon. Gentleman’s comments, and I am not going to challenge the integrity of the people who were part of that negotiation. It is not for me to challenge their integrity: they are hon. Members, and I believe that they did what they did with the best intention. During the statement on 27 February, I believe that, on the whole, most comments were supportive, but I acknowledge and accept that some were not, such as those from the right hon. Gentleman himself. He made his views known, as did others.

I acknowledge that some of the Members who spoke during that statement are in the Chamber today and express disquiet. I welcome the fact that they have taken their places on the Benches, but their disquiet and the disquiet of others must be set in the context of the following—namely, that the agreement, according to the Command Paper, which is important and which I referred to earlier,

“narrows the range of EU rules applicable in Northern Ireland – to less than 3% overall by the EU’s own calculations.”

In any negotiation in the circumstances, coming away with that figure is not necessarily unreasonable. Would a figure of 100% be the acid test? Maybe it would, but I do not think so, given the circumstances—in practical terms, that is unlikely. That is the nature of negotiation: otherwise, it would be called imposition. We must recognise that those on the other side, who have their views, passions and commitment to their communities as well as their histories, have also been fraught with other people.

I will finish with this. I do not accept the idea that some of our partners in the European Union—some of those eastern bloc European countries that were under the yoke of the Soviet Union as a coloniser—would take the different view that they, in turn, were part of a group or cabal trying to impose a colonialist approach to another country.

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[Peter Dowd]

As I understand it, that issue is being negotiated. I understand what the hon. Gentleman says, but I do not accept the point he made about subjugation. I do not think it is subjugation, and I will come to that. I understand what the hon. Gentleman is saying. I respect the point he made, and I respect the views of his constituents, just as I respect the views of my constituents. But it does not alter the fact that the negotiation is taking place. As I said before—I will repeat it again—these things are never, ever symmetrical.

[Sammy Wilson]

I know that the hon. Member and others on the Government Benches have tried to make light of the use of the words “subjugation”, “colonisation” and everything else, but almost every week in this place, Members complain that Ministers do not come to this House to explain and elucidate on their policies, and that they are not prepared to be questioned on those policies, and quite rightly so. If Ministers were able to do that continuously in this place, would Labour Members not be claiming that we did not have accountable Government, that we did not have a Government who respected democracy, and that they were subjugating the people who are affected by those laws? I guarantee that no Members present would accept that from Ministers in this place, but they accept it in Northern Ireland.

[Peter Dowd]

In this place, we are enabled to ask these questions in a whole variety of different ways, including oral questions, written questions and meetings with Ministers. They are still available right across the piece, and the right hon. Gentleman knows that. Over a number years in this place, I have sometimes felt that I have not been listened to by the Government of the day. That is what I believed. [Interruption.] I was often listened to by the hon. Member for Brentwood and Ongar (Alex Burghart), who is on the Opposition Front Bench, and I completely accept that there were honourable exceptions. But at the end of the day, we live in a democracy in which we can challenge time after time, and we have to be persistent. I repeat that there are differences of opinion, but I respect them. I hope that today’s debate is being conducted in an as open and transparent way as possible.

This is not the end of the matter. Even if the Bill does not go through, the matter is not over. Nobody is going to pretend that somehow we are all going to go our separate ways and no one is ever going to ask a question or challenge a Minister in the future. This issue will come back time after time. I know emotion has its place, but so do hard facts, statistics and evidence, and they have to be balanced against one another. However, passion can sometimes lead to a febrile atmosphere that dominates, and we have to guard against that.

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[Peter Dowd]

My hon. Friend is right. I reject the Bill as respectfully as I can. Countries have to operate in an international rules-based system. That is the position that this country has taken on many occasions, even when the consequences for us have been dire. The hon. and learned Member for North Antrim talked about foundations. I do not want to undermine the foundation of the rules-based system, trust and good faith. That is what I do not want to breach.

[Sammy Wilson]

Does the hon. Member not accept that trust in the United Kingdom is important? The Belfast agreement makes it clear that a promise was made to the people of Northern Ireland that there would be no change of any sort to our constitutional position unless they expressed a wish for it. The people of Northern Ireland have continually voted to be part of the Union. I know that the hon. Member is a Unionist. The Labour party fought hard to maintain the Union when Scottish nationalists tried to break away. Does he accept that he has an equal obligation to Unionist people in Northern Ireland—an obligation to stand by the promises that were made to them in an internationally agreed settlement? [Interruption.]

[Peter Dowd]

As my hon. Friend the Member for Putney (Fleur Anderson) says from a sedentary position, the framework strengthens the Union. That is exactly the point that I would have made. I know that some people do not accept that, but I believe that it strengthens the Union. Like a curate’s egg, any treaty will have good and bad parts for both sides. We would not need treaties or agreements if we all agreed about everything. The reality is that dissonance comes with the territory.

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[Peter Dowd]

My hon. Friend makes a really important and fair point. We have to be very careful in this area when we have international obligations, and we have to be even more cautious when we are dealing with the situation that we found ourselves in given the context of the Belfast agreement.

I am drawing to a close, Members will be pleased to know, but it is worthwhile exploring the concept in a little more detail, because as I said, it goes to our position as a custodian. The circumstances in which we can depart from obligations are fairly clear: for instance, by mutual agreement—that is unsurprising—or implied right to withdraw. Neither of those is the case in this situation. Perhaps the hon. and learned Gentleman thinks they should be, but I do not believe that they are.

Can we say that the treaty or agreement is no longer in place due to agreed time limits or sunset clauses? The answer to that question is no. Has the other side materially breached the treaty or the agreement, which would in turn absolve us of our obligations? Well, I do not think that applies either. What about our ability to carry out the agreement because of the “disappearance or destruction” of an object crucial to the operation of the treaty? That get-out clause does not exist, either; well, not that I am aware. In fact, the Windsor framework is protected by the Vienna convention on treaties, as was brought out during the statement that I referred to.

[Sammy Wilson]

The hon. Member mentions whether the other side has ever broken the treaty. Of course it did: the EU did so in a fit of pique, rage and vengeance against the United Kingdom during the covid crisis. It caught itself quickly, because it realised exactly what it had done, but the fact of the matter is, in the mind of the EU, the treaty is not as sacrosanct as he is trying to make it out to be for the UK. He suggests that we should not even think about breaking the Windsor framework and the protocol. The EU, when it is convenient, has shown that it will.

[Peter Dowd]

I understand the right hon. Gentleman’s position, but again, I disagree with his assertion.

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[Gavin Robinson]

I will not respond to the hon. Lady’s last line; I will leave it to others to determine. She and I have engaged with each other—sometimes helpfully, and sometimes crossly—for years. When there are opportunities to work together to benefit my constituency or anybody else’s in the United Kingdom, I will do it. What I am actually doing at the moment is sharing agreements that were reached. She and her colleagues voted for them, yet we are still waiting for their implementation.

Let me give another one: an agreement outlined in “Safeguarding the Union” required a labelling regime across the United Kingdom. The reason for that was that there were no cost implications or benefits for businesses in Scotland, England and Wales if they simply chose not to supply our market in Northern Ireland. We have heard every hue and cry from drinks manufacturers and food manufacturers across the United Kingdom, who have said that this is costly and will cause them difficulty, yet Asda, Sainsbury’s and Tesco simply put it on their best-before date line. It costs them nothing, but what does it ensure? No divergence of trade within our own country. What does it ensure? Access to the Northern Ireland market and the removal of a disincentive.

What have we heard? The Department for Environment, Food and Rural Affairs has no interest in honouring the very aspect of the agreement that Labour supported back in February. It is now saying, “Yes, we will take the power, but we will not use it, unless—”. Unless what? It is repudiating a commitment from an agreement that it supported, but it will not say what is the trigger point. At what point is it OK for it to step in? At what point should Northern Ireland be disenfranchised before our sovereign Government and our sovereign Parliament will take steps to protect the consumer interests of the people of Northern Ireland? We do not know, but what we do know is that even when they have been prepared to engage in discussions that are of practical benefit to the people of Northern Ireland to resolve these issues—and Labour supported those—there has not been full and faithful implementation. It is not governed by the Vienna convention, but we are not seeing that full and faithful implementation.

[Sammy Wilson]

My right hon. Friend says that even when solutions are found, they are not implemented. We have heard examples of things that people never imagined would be problems becoming problems. The fact is that every time a solution is found, because we in Northern Ireland are subject to laws that are different from those in the UK, new problems arise. Unless we deal with the fundamental issue, namely what is causing the problems, we will be continually looking for solutions and continually fighting to get them implemented, and that is not good either for business in Northern Ireland or for confidence in the Union.

[Gavin Robinson]

My right hon. Friend is entirely correct. What have we achieved over the last five years? A game, and not a very enjoyable game, of whack-a-mole, for it is about as strategic as whack-a-mole. An issue comes up involving the VAT margin schemes for second-car salesmen; we find a solution. Then another issue pops up, and another, and another. Whack-a-mole! That is the best strategic approach that this Government, and the previous Government, have adopted to deal with issues that are affecting us because of the decision taken back in 2019.

I remember the parliamentary discourse about the quest for agreement, but I know this. When the previous Prime Minister, Boris Johnson—[Interruption.] Just let me finish. No need for your wee quips. When Boris Johnson engaged with this issue, in respect of the protocol, he went to the Wirral for a walkabout in a wedding venue with Leo Varadkar, and became smitten with Leo. He ditched the democratic consent principles in section 4(5) of the Northern Ireland Act 1998 to which the hon. and learned Gentleman has referred. It was always part of the preceding arrangements that a consent vote in Northern Ireland would adhere to the consent principles in the Belfast agreement, and Boris Johnson ditched them.

In “Safeguarding the Union”, there was a commitment to remove and repeal a legacy provision in section 10(1)(b) of the European Union (Withdrawal) Act 2018, on having due regard to an all-island economy—a commitment that Labour supported, but now repudiate because it is in “Safeguarding the Union”. Let me remind the House that it is only in “Safeguarding the Union” because it features in the Windsor framework. Much of the approach from the Government Benches seems to amount to “We cannot achieve anything with the European Union unless we demonstrate our trust and our integrity—or our servitude!—to the European Union.” Paragraph 53 of the Windsor framework indicates very clearly that there is no need to have a legal due regard to an all-island economy that does not exist. Anyone who stands up here today and talks about their full-throated support for the Windsor framework should read what paragraph 53 has to say about the all-island economy. It is a matter of fact that we do not have an all-island economy; we have strands within our economy that operate on a cross-border basis in the context of two legal jurisdictions, two tax jurisdictions, two currency jurisdictions, two VAT jurisdictions and two regulatory jurisdictions, unless covered under annex 2 of the protocol. We do not have an all-island economy. It is a superfluous piece of legislation that is drawn out of the joint report from 2017, and it should go. It should go because I say so; it should go because it was agreed under the Windsor framework, which is quickly forgotten and ignored.

We have talked about article 2 in this debate. No one on this side of the Chamber is indicating that we should leave, through this argument, the European convention on human rights, nor that we should replace the Human Rights Act 1998, which embeds those commitments in our domestic legislation. The argument being raised on article 2 of the Windsor framework is that what has been presented as an international treaty, an agreement and a resolution on trade is impacting and frustrating the ability of this sovereign Parliament because of how the courts in Northern Ireland are interpreting the provisions on myriad areas outside trade.

Immigration is a classic example. The hon. Member for Walthamstow was right that we worked on this and we talked about this, but let me be very clear: whenever I stood up in this Chamber on behalf of my colleagues as our spokesman on home affairs to say that I would not vote for the Illegal Migration Act 2023, it was not because I did not think there was an issue with immigration. I do. It was not because I was ill-prepared to support Government in their endeavours. I was prepared to do so. I said this in this Chamber and my colleagues supported me: it was because, though the Government said that the provisions would apply in Northern Ireland, we were indicating that they would not.

The very same people who told me that the immigration legislation would apply in Northern Ireland launched a leadership campaign on the back of the arguments I was making afterward. We were right, but it is wrong that a trading agreement should have any impact whatever on the ability of this sovereign Parliament to set a uniform immigration policy across the whole United Kingdom. It was wrong then, and I am glad that the Secretary of State on Wednesday night indicated that that is a ground of appeal that the Government are bringing forward, because it is wrong.

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[Gavin Robinson]

I agree wholeheartedly with my hon. Friend.

I want to give the hon. Member for Cities of London and Westminster (Rachel Blake) another example. She will have heard colleagues in interventions, she will have heard the hon. Member for South Antrim (Robin Swann) at Prime Minister’s questions and she will have heard me at Northern Ireland questions raise the issue of the general product safety regulations that come into force next Friday. What is the best answer we had from the Secretary of State for Northern Ireland? “We are in discussions.” What do we hear from Labour Members? “It’s in train.”

Information should have been given to businesses long before next Friday, but have I ever heard a Labour Member say, “Actually, in January 2024, the Conservative Government extended the February 2023 agreement to adhere to the requirements and standards of EU safety markings—the CE markings on goods—and general product safety”? Why are we in a situation where our Government—the last Government, but still our Government—agreed to adhere to EU standards on general product safety, only to find that, come next Friday, it will all be too problematic for GB businesses to trade with a part of the United Kingdom? It is wrong. It should not be the case, and it is not at all satisfactory that we are talking today about the aspiration to have a solution when this comes in on Friday. Businesses should already have the information.

[Sammy Wilson]

Does my right hon. Friend not find it even stranger that for products moving from the Republic of Ireland into GB, the Government rushed to find an accommodation? Only last week, the Minister told us that she was totally satisfied that checks away from the border would be perfectly suitable because producers in the Republic of Ireland were getting concerned about access to the GB market, yet our Government cannot find any urgency for facilitating the movement of products from GB to Northern Ireland.

[Gavin Robinson]

My right hon. Friend is right. That is where it becomes thoroughly obnoxious for people in Northern Ireland. They say, “Whatever the constitutional views are, and whatever the Labour position on this and the Conservative position on that, why am I being impinged on? Why am I being treated differently? If a workaround is available that allows goods from the Republic of Ireland into the GB market, why is there not one for me?”.

When we talk about market access and the UK internal market system, we are in principle talking about a marketplace—somewhere to both buy and sell, where trade flows in both directions. However, when Government Members talk about market access, they all too often consider one direction only, and not the implications for businesses in Northern Ireland.

I will conclude with a point about the democratic scrutiny mechanism and the vote that is due on Tuesday. The arrangements are a complete inversion of the commitments that were given in the Belfast agreement. They were brought forward following Boris Johnson’s bedazzlement with Leo Varadkar in the Wirral. The protections that were offered to the people of Northern Ireland were stripped away in haste as a result of that political union. It has left us in a position where, even though cross-community support will not be attained, articles 5 to 10 of the Windsor framework will continue.

There is a strong argument, which others have made, that we should not countenance that process with our presence, but as I said at our party conference in September and since, we will be there on Tuesday. If the vote proceeds, we will vote against the continued application of the Windsor framework, in the knowledge that if we demonstrate our opposition, we will not leave anybody on other Benches or in the European Union with the chance credibly to argue, “They weren’t even interested enough to vote—they didn’t even turn up.” With our vote and our voice, we will demonstrate our opposition to the continued application of the framework.

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[Fleur Anderson]

I am going to make some progress. To the Government’s mind, this commitment to normal security arrangements could not be met, under the common travel area arrangements, with a hard border of the sort that the Bill would institute.

The hon. and learned Gentleman indicated that, come what may, he wants his part of the UK enabled to follow the rest out of the EU. I need not remind him that the whole of the UK left the European Union, and that the debate has been settled. We can see that he would prefer that damaging hard border for Northern Ireland.

[Sammy Wilson]

First, will the Minister accept that the arrangements referred to in the Belfast agreement were security arrangements—army watchtowers and Army posts along the border? Secondly, despite what she has said about the common travel area, does she accept that guards are stopping and searching vehicles on roads in and out of Northern Ireland, to take people off them, because they believe that they are illegal immigrants? The common travel area is not even being respected by the Irish Government.

[Fleur Anderson]

There are absolutely minimal stops along the border. It is not a hard border, but circumstances would be very different under the Bill, which implies an ideological hard Brexit—

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[Fleur Anderson]

I hope the right hon. Member understands that I am talking about the difference between a hard border and a soft border. The Windsor framework enables the smooth flow of trade, which is good for businesses on both sides of the border and also safeguards the Union. The Windsor framework does not damage the Union; it actually strengthens it and ensures that it can continue.

[Sammy Wilson]

On the issue of a hard border, will the Minister give way?

Northern Ireland: Legacy of the Troubles

Sammy Wilson Excerpts

Wednesday 4th December 2024 Commons Chamber

[Hilary Benn]

I am very happy to give my hon. Friend that assurance. I have talked tonight about a lot of process, future legislation, remedial orders and so on. That is why I said at the end of my statement that, in the end, this is about the families—the families, whom many Members in the House will have met, who still do not know what happened and who carry the incredible pain from what they have been through with them to this day. The very least we can do is to try really, really hard to find a way of giving them the answers that they have been seeking.

[Sammy Wilson (East Antrim) (DUP)]

I welcome the fact that the Government, as part of their appeal, will appeal the way in which the scope of article 2 has been extended, even to include overreach into national policy. I say to the Secretary of State that as long as article 2 remains, there will always be contention about how much say the EU will have—not only on law and activities in Northern Ireland, but on policy made in this House.

On the decisions he has made on inquests, civil cases and disclosure, the Secretary of State has to be honest with this House: that is not going to result in terrorists being taken through the courts or through the process in Northern Ireland. It will result only in ageing members of the security forces being dragged once again through the courts and suffering as a result of the service they gave in Northern Ireland. He said he intends to continue to speak with the Irish Government. The Irish Government have shamelessly taken our Government to court while doing nothing about the collusion and activities of the Irish state and Irish security forces in aiding and abetting the killing of soldiers and genocide along the border. Will the Secretary of State ensure that if there is a discussion on legacy, they address the past sins they are guilty of?

[Hilary Benn]

In dealing with the legacy of the troubles it is important that everyone faces up to the consequences of what happened and of what they did or did not do—everyone. It is a painful and difficult process indeed. The implication of what I have announced to the House today is that nobody can escape prosecution, because the immunity that was offered by the legacy Act has been removed. If there is evidence—although I acknowledge to the House that with the passage of time that becomes more and more difficult, for reasons the right hon. Gentleman alluded to—at least that possibility remains.

On article 2, I would simply point out that this agreement was reached between the British Government and the European Union, and it is the British courts—not the European courts—that have interpreted it. That is why the Government are of the view that we should seek to get a definitive ruling on the nature of that interpretation from the Supreme Court.

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.