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.

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[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.

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[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.

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[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.

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[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.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Sammy Wilson Excerpts

Consideration of Lords message
Wednesday 6th September 2023 Commons Chamber

[Chris Heaton-Harris]

I am afraid I do not quite believe that that is the case. However, the British Government have committed to full disclosure to the ICRIR, which allows for a huge amount of information to be put forward in those circumstances and the possibility of ensuring that the commissioner can obtain as much information as possible from families.

[Sammy Wilson (East Antrim) (DUP)]

The Minister said that if families were to have a say on whether immunity should be granted, it would undermine the whole thrust of the Bill, but the point of the Bill is to ensure that people and families who have been hurt, traumatised and damaged by what happened as a result of terrorist activity in Northern Ireland over 30 years have their say. Surely the best way of giving them justice, after they have heard what the circumstances of the case were, what the attitude of the individual is and what can be disclosed, is to at least let them have the final say on whether they feel that the individual concerned should be granted immunity.

[Chris Heaton-Harris]

I thank the right hon. Gentleman for his point. The many amendments to this Bill throughout the last year have included measures on how families should be engaged with and how their views should be heard throughout the process. To ensure that the commission can obtain as much information for families as possible, we need to ensure that the right incentives are in place for individuals to come forward and provide that information. The possibility that eligible individuals who co-operate fully with the commission could then be prevented from obtaining immunity from prosecution is highly likely to act as a significant disincentive for individuals to disclose that information.

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[Chris Heaton-Harris]

I thank my hon. Friend for his point and for his committed work in my Department. I was not there at the time, but I know of it. I understand the point that he makes. Over the past year, we have endeavoured through amendments to make the Bill very much focused on all victims of the troubles, so that all victims can, if they choose to do so, contact the commission and start a process that will hopefully get them some information in relatively quick time.

[Sammy Wilson]

We have recently had an example of a Roman Catholic priest who was involved in IRA activities. When talking about his role, he said that his only regret was that his efforts were not more effective in killing people. If that kind of evidence is elicited—if people come forward and show no remorse and no regret, and offer no comfort to victims—does the Secretary of State really think victims will feel any better? Would not giving them the opportunity to say, “In the light of that man’s attitude, I do not believe he should be granted immunity,” be a better way of ensuring that justice is at least seen to be done for those people?

[Chris Heaton-Harris]

Unbelievably evil things were done in the course of the troubles. Unbelievably hideous acts were committed, and none of us can change that. As I said at the beginning of my contribution, it has not been possible to give justice to a huge number of those families even today, even after the passage of all that time and even after numerous investigations in some cases. This Bill tries to get some information to families who contact the commission to request it, so they can better understand the situation. It will not change anything that happened in the past—it simply cannot.

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[Jim Shannon]

I wish to add a few words. I will not be labouring too long in the Chamber, but it is important to make some comments in relation to where we are, as I again find myself in a position where I cannot support what the Government have put forward. While some Members on the Government Benches try to apologise and condition their support for the Bill, Members on these Benches, including those from my party and our spokesperson, my hon. Friend the Member for Belfast East (Gavin Robinson), as well as Members representing other parties, including the hon. Members for Foyle (Colum Eastwood) and for North Down (Stephen Farry), have put forward their comments very clearly.

I have many concerns over the processes in place for victims and the fact that there are not enough answers. There will be ongoing investigations, but will any of those investigations be into collusion over the border? In my intervention on the Secretary of State earlier I referred to discussions that the Secretary of State and the United Kingdom Government may have had with the Republic of Ireland in relation to collusion in investigations, which in some cases involved some members of the Garda Síochána, and to the fact that the Republic of Ireland gave sanctuary to IRA murderers who escaped across the borders. Those are issues that some of my constituents wish to know about.

In his reply, the Secretary of State said that he has had discussions with the Republic of Ireland in relation to those matters, but has the Republic of Ireland responded, given evidence or investigated in the way it should have done?

[Sammy Wilson]

The Government of the Irish Republic, again interfering in the affairs of Northern Ireland and the United Kingdom, have threatened to go to the European court on this issue. Does my hon. Friend agree with me, given how tarnished they are in regard to legacy, that whether we agree or disagree with the legislation that is being brought forward, this is an internal UK matter and should be dealt with internally, through the processes within the UK, not by an interfering Irish Government?

[Jim Shannon]

I thank my right hon. Friend for his intervention. He has put on record very clearly his point of view, and it is one to which many of us here subscribe.

Let me return to the points that I was trying to make about the Secretary of State’s reply. Have those discussions taken place? Has the evidential base been gathered? Have the accusations of collusion between the Garda Síochána and the IRA been considered? There was the murder of Chief Superintendent Harry Breen and Superintendent Bob Buchanan in a car bomb on the border in 1989. The information that we have been made aware of indicates that details were passed to the IRA on what time they would be crossing the border. That is collusion. That is an evidential base for what happened. That information should be brought forward by the Republic of Ireland Government and conveyed to the Secretary of State and the Government here. There are many other such cases. For example, the murderers of Lexie Cummings in 1982 escaped across the border. The murderers of Ian Sproule in 1981 escaped across the border, and, again, the murderers of my own cousin, Kenneth Smyth, escaped across the border.

Northern Ireland Budget (No. 2) Bill

Sammy Wilson Excerpts

Committee of the whole House
Monday 4th September 2023 Commons Chamber

[Sammy Wilson (East Antrim) (DUP)]

The hour is late, so I will make just a couple of points about the budget. The first is that, of course, political parties in Northern Ireland have elected representatives. We have our own priorities. We have things that we want to see done, and things that we believe should not have money spent on them. Of course we would love to be in a situation where we had a restored Assembly, but I think that the new shadow Secretary of State—whom I congratulate on his appointment—hit the nail on the head when he said that Government had a responsibility to regain the trust of the parties of Northern Ireland, and this Government have singularly failed to do so. One only has to look at the way in which they have handled affairs since the Windsor framework was introduced. They took Members off Committees because they suddenly realised that the arguments being put forward for legislation were not even going to wear in their own party, so at the last minute we had half the Committee replaced. Over the summer period we have had regulations introduced without any chance of public scrutiny. That enabling legislation will have an impact on trade between Northern Ireland and the rest of the United Kingdom. Now we are heading towards the autumn, when the border operating model will see checks on goods coming from GB into Northern Ireland, as well as Northern Ireland manufacturers and producers finding themselves subject to checks when they try to sell into the GB market. The Government say that they want to restore trust and give us an assurance that we are part of the United Kingdom and a fully integral part of the United Kingdom market, but there is no evidence of that.

Quite honestly, no Government can expect Unionist representatives who have fought to maintain the Union to go back into Stormont to implement policies that will drive a further wedge between Northern Ireland and the rest of the United Kingdom, and where they will be obliged to accept EU legislation, which even the Windsor framework indicated would be the cause of divergence between Northern Ireland and the rest of the United Kingdom.

If the Government really want politicians in Northern Ireland to play a role in deciding budgets and how they are spent, they first of all have to accept that Unionists cannot and should not be expected to participate in the demise of the Union by having to sit in an Assembly that would be forced to implement the very policies that they believe are detrimental to the Union. It would be hypocritical for DUP Ministers and Unionist Ministers to sit in the Assembly and by law—because the courts have ruled on it—have to implement something that their colleagues could be standing here in this place condemning and saying was detrimental to the Union. There is an onus on the Government to recognise that the Windsor framework has not sorted out the issues and that it has made them worse. I think that October will show that it has made them worse, and if we want devolution restored, it has to be on the basis of—

[Mr Baker]

I am listening carefully, and I appreciate the tone in which the right hon. Gentleman is delivering his remarks, but I have stood here at least twice and said that we recognise that this is a hard compromise for Unionists and Eurosceptics. I think it has to be said that the European Union has its own stakeholders. Personally, I was among those who said for a long time that we could have administrative and technical solutions to deal with the issues of Northern Ireland. I worked on that before the referendum and subsequently I saw to it that papers were produced after I resigned from the Government in 2018.

This is a subject extremely close to my heart, but since the right hon. Gentleman raises it again, I would say to him and to all Unionists, of whatever strength of opinion, that one has to choose from the available futures. He knows that; he is a more experienced politician than me. One has to choose from the available futures. The EU has its own stakeholders. We have managed to reset the relationship with Ireland and with the European Union, and that offers the hope of a better future for all of us in western Europe.

On the budget, the surest way to harm the Union now is to allow Northern Ireland to fail, because people vote for change when the world is not working for them. When I look at the available futures for Northern Ireland, I see that the one that is going to work best and best preserve the Union is to get on and get Northern Ireland working. I know that the right hon. Gentleman is frustrated. I am frustrated, too, and I would like to have done better on the Windsor framework, but now we have to choose from the best of the available futures.

[Sammy Wilson]

That is the kind of answer that worries me as a Unionist, and it should worry many people in the Minister’s party if they listen carefully.

The Minister seems to be taking the view that, because stakeholders in the European Union demand certain things, the Government should respond. This Government have an obligation, first of all, to the country they govern, and that obligation is to make sure the country is not broken up. That should be the main consideration, not what stakeholders in Europe think and not re-establishing relations with the European Union and the Government in Ireland, if that means breaking off and destroying relations with the people of part of the country to which we belong. If that is the approach, I do not think we will get very far. This surrender approach is not a compromise that Unionists can accept. The Minister may find it acceptable, but we do not find it acceptable.

[Mr Steve Baker]

I know this is a debate on the budget, so I will try to be very brief. I know the right hon. Gentleman does not need me to give him a lecture on the Belfast/Good Friday agreement, but Northern Ireland has had particular problems and a particular status that do not exist in my constituency or anywhere else in Great Britain. We have to face up to the reality of where we are. This Government believe in the Union, but we also respect the Belfast/Good Friday agreement in all its dimensions, and that includes devolution. I implore him to make the Union work.

[Sammy Wilson]

Of course, the important thing in the Belfast agreement was that the status of Northern Ireland is guaranteed, and that no change would be made to Northern Ireland’s status unless it is decided by the people in Northern Ireland. The people in Northern Ireland did not agree to this change of status, which makes it a vassal state of the European Union.

I do not want to labour the point—I understand that you are being very good in allowing me to emphasise this point, Madam Deputy Speaker—but if the Government wish to see Northern Ireland politicians make decisions on this, they have to respect that there is a Unionist tradition and a nationalist tradition in Northern Ireland. They cannot ignore the Unionist community’s concerns, worries, fears and opposition to the arrangements that are currently in place. Far, far worse, they cannot expect Unionists to co-operate in facilitating the implementation of those arrangements.

On the budget, the Minister has accepted that there is pressure on public services and spending in Northern Ireland. Nearly everyone who has spoken has said that it would be much better for politicians in Northern Ireland to make these decisions. The truth of the matter is that, even if the Assembly were up and running, it could not deliver the basic services that are expected in Northern Ireland and that are funded in the rest of the United Kingdom, because the Government have done two things.

First, since 1922—and the Fiscal Council has made this clear—expenditure on public services in the rest of the United Kingdom has been based on need, but the Government have ignored their own criteria and the basis on which they decide spending in the rest of the United Kingdom. The Holtham formula has not been applied in Northern Ireland. Indeed, the Fiscal Council has estimated that, as a result of need not being considered, we probably have about £322 million less expenditure available than we would have had if we had been treated on the same basis as England, Scotland and Wales.

I do not believe the Assembly’s decisions have always been good, and I do not believe there has always been the wisest use of money, but the problem has not primarily been caused by the Assembly. The Government’s decision not to base this budget on need is causing some of the issues.

Let me give an example. Education spending has gone up by 6% in the rest of the United Kingdom, but it has fallen in Northern Ireland. The overall budget for Northern Ireland this year has fallen by 3.2% in real terms, whereas the budgets for the rest of the United Kingdom went up by 1.7% in real terms. That is partly a result of the fact that the formula used for the rest of the United Kingdom, which is based on need, has not been applied in Northern Ireland. Of course, the situation has been exacerbated by the Government’s decision to claw back the overspend by the Assembly in the last year in which it was sitting, which amounts to about £287 million. So the pressure on public services, which the Minister has lamented, is partly caused by the decisions that have been made here; they will affect the amount of money we have to spend in Northern Ireland.

I could go through the consequences for each Department, but I am not going to do so at this time of the evening. However, in education we have a real-terms cut, and in policing we are already about 1,000 officers below what the New Decade, New Approach and the Patten arrangements said we should have. That situation is going to get worse. Of course, we also now face the expenditure that is going to be necessary because of the problems in schools and the massive expenditure that will result from the data breach in the Police Service of Northern Ireland. So far, no clear indication has been given that the payment for those things will come from anything other than this overstretched budget. It would be useful for the Minister to indicate to us at the end of the debate whether the money that has to be spent on making schools good as a result of the problems with the concrete that was used, and the massive spending that there will be on fines from the Information Commissioner, the relocation of officers and the mitigation measures that have to be taken to protect officers, will still come from the overstretched budget or whether there will be an in-year consequence for that. Alternatively, will it be treated simply the same as the Barnett consequentials? Will the future Barnett consequentials be treated and ignored?

I hope that the Minister fully understands our position. We are not being truculent. We are not piqued because we have not got our way. We are simply making it clear that the ask that is being made, on the political compromises on the Union and on the financial difficulties that this budget would cause, makes it impossible for the Assembly to be up and running again.

Police Service of Northern Ireland: Security and Data Protection Breach

Sammy Wilson Excerpts

Monday 4th September 2023 Commons Chamber

[Chris Heaton-Harris]

The hon. Gentleman is absolutely correct. That is why I detailed the meetings of officials in the Cabinet Office, who have chaired a large number of regular operational meetings bringing together the PSNI, Government Departments and world-class cyber-security experts to ensure that all our collective skills across the Union are galvanised in this space.

[Sammy Wilson (East Antrim) (DUP)]

I welcome the resignation of the Chief Constable. It is a pity it took so long. I think he saw that the writing was on the wall when he knew a motion was going to the Policing Board calling for his resignation, and so he should. He has lost the confidence of officers, not just because of this data breach but because he was prepared to throw two junior officers to the wolves in order to placate Sinn Féin, and it is right that he should go.

The Secretary of State has been a bit confusing in his answers about money. He says that he recognises there will be considerable expenditure involving the Information Commissioner, mitigation measures, the relocation of officers and so on. On one hand, he says that this will have to come from the Justice Department budget, but on the other hand, he seems to indicate that the Government recognise that there will be additional expenditure for the police. Given that the police are already 600 officers under strength, will he give a commitment that any additional costs as a result of this will not have to come from the existing overstretched budget?

[Chris Heaton-Harris]

I thank the right hon. Gentleman for his question. I hope he will forgive me for pushing back slightly, but I think I have been particularly clear on this, and all of this could be solved much more easily if there were an Executive in place. I very much hope that that happens.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Sammy Wilson Excerpts

Consideration of Lords amendments
Tuesday 18th July 2023 Commons Chamber

[Sammy Wilson (East Antrim) (DUP)]

Does my hon. Friend also think that we are talking not just about the legacy of the past and the hurt that that has caused, but about the impression left on young people today when they see that the state will grant immunity to people who have carried out some of the most horrible crimes, deeming that to be okay? In other words, someone can commit a crime, and if the political circumstances or whatever are right, there can be no consequences. Does that not eat at the very moral core of society?

[Carla Lockhart]

My right hon. Friend makes such a valid point on the impact the Bill will have on young people and their outlook on these issues. It is unacceptable and does not sit well in our society. Victims in Northern Ireland have already suffered and have to endure the fact that, because of the Belfast agreement, they can meet the perpetrators of some of these acts walking down the street or in the supermarket. They live with the continual flaunting and glorification of terrorism by someone who claims to be the First Minister for all and who has said there was no alternative. Indeed, the Member for Belfast North (John Finucane)—a Member of this House—recently showed his true colours in that regard as well. In the face of all the sickening actions, the taunting and the re-traumatising, I applaud the fortitude, dedication and determination of innocent victims to fight for such basic concepts as truth and justice. Sadly, those concepts are lost in the Bill.

The other place has sought to make this imperfect Bill less imperfect. I welcome some of the amendments. It is of deep regret that the Government propose to disagree with Lords amendment 44 in relation to immunity. The amendment would have removed from the Bill provisions allowing immunity from trouble-related crimes, which the Democratic Unionist party, and I believe the majority of people in Northern Ireland, support. In my discussions about the Bill with victims’ groups in recent months, I have heard how immunity is what causes the most grievous hurt. Why? It is because it closes the door, erodes victims’ access to redress and draws a moral—or should I say immoral—equivalence between blood-thirsty terrorists and public servants. Quite frankly, it weakens our entire criminal justice system throughout the world. I find it most remarkable that the Government should endorse such a move. The decision is repugnant not just for its perversion of justice, which we in the UK claim to value, but for the trauma and hurt that it inflicts on innocent victims.

I turn to the motion to disagree with Lords amendment 20. Every family deserves the ultimate hope of a full and fair investigation into the circumstances of a loved one’s death. Such an investigation should be subject to the highest standards. The amendment would have established minimum criminal justice standards for a review along the lines of Operation Kenova following expressed fears of watered-down investigations. The commissioner should be under a duty to ensure that an article 2-compliant investigation either has been carried out or will be carried out. Is that too much to ask? It is difficult to come to any conclusions other than that the commissioner for investigations will be able only to comply with obligations imposed by the Human Rights Act 1998 to the extent dictated by the authority and resources granted to that office holder under the Act. The restriction of criminal enforcement actions is such that even if the independent commission for reconciliation and information recovery refers all conduct to the Public Prosecution Service, much of that material will be admissible. Compliance with fundamental rights needs to be a cross-cutting safeguard in how troubles cases are dealt with. Irrespective of whether an investigation is at least partially the granting of immunity to perpetrators, its value is diminished.

The Government, by erasing the other place’s amendment to the Bill, simply fail to acknowledge the rights of victims in terms of the standards of an investigation. However, that is only one part of the jigsaw. For victims, it is equally important to have their day in court and the prospect of conviction and custodial sentences to grant some form of closure as it is to have a proper investigation. The Bill fails in those respects.

The Government’s objection to Lords amendment 20 will remove the requirement for a Kenova-standard investigation from the Bill. The Government, through their amendment, seem to want to provide an assurance, irrespective of whether a commissioner decides a criminal investigation is to take place as part of a review, that all the circumstances of a death, including potential offences, will be looked into. I am sorry, but there would appear to be a huge gulf between carrying out a historical investigation that gathers and explores as much information as possible in relation to a death or harmful conduct and the Government’s suggestion simply to look into that.

We oppose the Bill because we believe in justice and in holding fast to hope for those who paid the biggest price for our troubled past. The Bill will lead not to reconciliation but to greater distress, distrust and disillusionment among victims that they matter to this Government. We stand with those victims.

Northern Ireland Budget (No. 2) Bill

Sammy Wilson Excerpts

2nd reading
Monday 10th July 2023 Commons Chamber

[Sammy Wilson (East Antrim) (DUP)]

As the Secretary of State has said, tonight’s debate and the Bill are simply to allocate money, which we have already decided on in previous debates, to various Departments. Although I made a promise to the Minister of State when we discussed this on Thursday that we would try to stick to the debate on the budget and try not to wander into the Windsor framework, Brexit and the Northern Ireland protocol, the issue of—

[Claire Hanna (Belfast South) (SDLP)]

Another promise broken.

[Sammy Wilson]

The promise actually was broken by the Secretary of State. It was a two-sided promise: that would not be raised by Ministers, who would be sensitive to the issue, knowing what our answer to these issues are and, in turn, we would stick to the budget debate. That promise has not been kept, so it would be remiss of me not to make it clear, as has been made clear by my party leader in an intervention, that we want to see the Executive up and running, but there are rules for the working of the Executive. There are important safeguards for the Executive to work: the views of both communities have to be respected, accepted and reflected in the decisions made in the Executive and in the decisions made by the Executive.

As things stand, with the protocol and the framework, there will still be a requirement for foreign law to be imposed in Northern Ireland and for Ministers of a Unionist disposition to operate that system—a system that the Government, even in the Windsor framework discussions, indicated would lead to divergence between Northern Ireland and the rest of the UK. A paltry safeguard of the Stormont brake was put in but, even if it worked, it still would not stop Northern Ireland becoming further away from the rest of the UK because of decisions made in this House about laws that would affect the United Kingdom, excluding Northern Ireland.

I have to say to the Secretary of State that, while that situation pertains, he cannot ignore the requirements of the law in Northern Ireland. The views of both communities must be reflected, accepted and implemented in the Executive and the Assembly. If that does not happen, they cannot function because we do not have the basis for agreement and for decisions being made.

It is debatable, of course, but we can talk about the Executive, up and running, being able to decide and resolve some of the issues that have been talked about here today. As I go through my speech, I point out that the Executive, its implementation and existence is not essential to deal with some of the fundamental issues that have given rise to the budget problems that Northern Ireland is facing.

I wish to make two points, the first of which is about the impact of the budget on services in Northern Ireland. Like the SNP spokesperson, the hon. Member for Gordon (Richard Thomson), I do not want to go through every Department but, as this has been raised by two or three speakers already, one of the starkest indications of the budget problem we have in Northern Ireland is to be found in education. There will be a 2.8% reduction in education spending in Northern Ireland, while in England there will be a 6.5% increase. That will affect the aggregated schools budget: the amount of money that goes to individual schools. It will particularly affect youngsters with special educational needs because, of course, as has been said, the easiest things to cut are things like classroom assistants. Of course, spending on classroom assistants and support for people with special educational needs is to be cut by 50%. There are already 11,000 children diagnosed with special educational needs who will be affected, and there is a waiting list of 400 children who have not even been placed, so we can see the ongoing problem and the problems we will build up over the years because of the cuts in the education budget. I could also talk about aspects of the education budget that are designed to help youngsters from deprived backgrounds, such as measures on school meals that were introduced by the Minister from my party. They will have to be reduced as well, which again tends to affect children from the most disadvantaged areas.

Let us take the other example, which has also been mentioned. I served for some time on the Northern Ireland Policing Board. Policing is important for any community, and it is particularly important in Northern Ireland because of the ongoing terrorist threat, the problem of paramilitaries and the terror gangs and criminal gangs associated with them, and the impact that has on communities. New Decade, New Approach made a commitment to have 7,500 officers, yet the figure is set to fall to about 5,700 officers. In the next two years, 850 officers are going to retire. The money is available to recruit only 204, so the situation will get worse and worse in terms of police officer numbers, which will fall below the commitment made on how many are required in Northern Ireland.

[Chris Heaton-Harris]

We have just had a debate about making sure that we are factually correct in this place. I am quite sure that what the right hon. Gentleman is saying is absolutely factually correct. However, does he not recognise that the commitment to increase police numbers to 7,500 that he is talking about was a commitment by the Executive? Would the choices that he has outlined not be better served by an Executive functioning and an Assembly scrutinising?

[Sammy Wilson]

I know that the Secretary of State was not personally responsible, but he cannot wash his hands of the New Decade, New Approach agreement, which was between the parties in Northern Ireland and the then Secretary of State, the right hon. Member for Skipton and Ripon (Julian Smith). The Executive did not pull this out of the air and say, “We’re going to do this”; it was part of the agreement that was made. Indeed, I have heard Ministers in this place saying time and again, “You’ve got to get back to the New Decade, New Approach promises and the commitments that were made,” yet this is one of those very commitments, and it is one that will not be met because the money is not there.

The argument that we have heard tonight is: “Well, that’s partly the responsibility of the Executive. If the Executive were up and running, then you could spend the money better.” I have no difficulty with that. Only a fool would say there were no savings to be made in a resource budget of £14 billion, or that it could not be spent better. Anybody who looks at their own personal budget will find ways of saving money and allocating it better to meet their priorities, so of course the potential is there. Indeed, I know from my time in the Executive that we were able to find 3% savings across Departments, and I am not against what the Minister said—that there are ways we could spend money better.

We have dodged reforms over the years because some of them require difficult decisions. That is the responsibility of the Executive, if they were up and running. I could bore the House with lots of examples, but in the past our Ministers have shown how we have used money in order to use resources better. Indeed, we have even looked at co-operation with the Republic of Ireland, when it has come to spending money, and at how we could share resources to deal with those kinds of issues and make better use of money.

Our party believes in low taxation and the proper use of the public resources we have, so we are not going to ignore that. But the fact of the matter is that the Executive are not up and running. Even if they were up and running, the issues and the problems of public spending in Northern Ireland are so big that the Executive would struggle to make some of the necessary reforms. Do not forget some of those reforms require money to be spent to make the reforms, so there is a vicious circle.

The Budget is inadequate—that is the first thing we need to look at. The holes in the Budget are so big and the issues around it so difficult that even if we had a performing Executive tomorrow, they would not be able to get past those issues. The building of public sector housing has fallen by 25% because of capital costs.

There are also difficulties, when it comes to the Executive, of pure caution. I know the Minister will talk about how much money has been given to Northern Ireland, but do not forget that we have given back £471 million in financial transactions capital, because the rules tied around that required a degree of innovation by civil servants and the Northern Ireland Office that was not always possible. The main outlet for it was housing, and there is only so much that it could absorb. So when it comes to taking money off the Executive, let us not forget that where money could not be spent, it was returned to the Exchequer. Sometimes it was frustrating to find that money had been given that could not be spent because we were not being innovative enough.

That brings me to the second issue. I know the Minister will say how much money is given to Northern Ireland and how some constituents in the south of England would envy the amount of money that comes to Northern Ireland, but there is a mechanism for allocating money within the United Kingdom. At present, the Barnett mechanism works by simply giving Northern Ireland a percentage—3%. If there are Barnett consequentials for Government spending for the whole of the United Kingdom, we get 3%.

However, it was always recognised that across the United Kingdom the circumstances are different. It was first raised in Wales and, as has been pointed out, there is a greater need in some parts of the United Kingdom, because of a whole lot of factors that I will go into in a minute, and therefore the 3% given on a per head basis is not adequate. It needs to be topped up on a well-established needs basis. Because of needs in Northern Ireland, it was reckoned that for every £100 spent in England, £125 would need to be spent in Northern Ireland. In other words, it was a 25% uplift.

For example, if the Barnett formula showed that Northern Ireland should get 3%, on the basis that Northern Ireland has 3% of the UK population, then there should be a 25% addition—a 0.75% addition to the 3%—to that. That has not been happening. The Northern Ireland Fiscal Council has worked out that had that additional needs element been put in this year, then we would have had another £323 million. Incidentally, that would have plugged the gap in public spending.

If that were happening right across the United Kingdom and people were saying that they were not applying it in Scotland or Wales, then, I suppose, those in Northern Ireland would have no cause for complaint. The truth of the matter is that it is being applied in every other part of the United Kingdom, apart from in Northern Ireland. This is the only budget that is being brought forward where the need is recognised but not reflected in the moneys allocated.

The Secretary of State has argued that if the Assembly were up and running, we could make the case, but we do not need to make the case; it has already been agreed that the formula for Northern Ireland should be another £25 on top of every £100 spent in England. We do not need to fight over the definition of need, because it has already been established. The Holtham Commission made that quite clear. I take the point that was made earlier: I do not want Northern Ireland to become some sort of public sector-dominated economy, which makes us totally reliant. I want to see Northern Ireland becoming self-reliant. I want to see a growing economy; an economy that is generating taxes, income and revenue, and that does not need to be reliant on having a fight with the Treasury every year about the budget and whether we are getting the proper Barnett consequentials.

The definition of need is already well established. It is based on demographic figures—the number of people—and deprivation and cost measures, such as the under-16 dependency ratio, the retired persons dependency ratio, the percentage of population claiming income-related benefits, the percentage of population with long-term illness, the proportion of people outside settlements of 10,000 people, and so on and so forth. We do not need to fight about how much Northern Ireland is entitled to. We do not need to fight about the measure that determines that need. All we need is a decision that the need should be reflected in the budget allocation in Northern Ireland, just as it is in Scotland and Wales.

The Secretary of State argues that, if the Executive were up and running, we could make those arguments, but the arguments are made. The question is how long do we have to wait for what happens in other parts of the United Kingdom to be applied to Northern Ireland.

[Robin Millar]

I do not want to interrupt the right hon. Gentleman’s flow, because I am fascinated by his argument. The point I made was that in Wales, for example, it is £1.20 for every £1 spent in England. However, as much as we are told by the Welsh Government that there is an older and sicker population in Wales, it does not account for the fact that, in terms of education, we have tumbled down the Pisa ratings. The point that I was making was that it is not just about the quantum. Has the right hon. Gentleman any suggestions as to how that money might be spent more effectively in order to achieve the better outcomes?

[Sammy Wilson]

I think the point that I made was an indication of that. It is not just about getting money so that we can spend it willy-nilly and not care about how it is spent. It must be spent in the best way possible. If we take education in Northern Ireland, for example, we have five different sectors, and in some cases a surplus of desks and, therefore, unnecessary schools that could be closed, amalgamated or whatever. The irony of this—this is where I take issue with some of the decisions by the Northern Ireland Executive—is that one of the last acts that the Assembly undertook was that, despite the surplus of places in existing schools in Northern Ireland, special provision had to be given to opening new schools that had “Integrated” above the door. This was despite the fact that there are stacks of schools that do not have “Integrated” above the door, but that are more integrated than some integrated schools. That will result in additional pressures on the education budget. I am not so sure that some of the decisions made by the Executive on how the money is spent are always the best.

There is one in the area of education and in the area of health as well. I know I am going to incur the ire of some of my own colleagues, and maybe some other hon. Members, by saying this, but in Belfast we have four major hospitals. Four major hospitals for a city of—what? Some 300,000 people? Are there really not better ways of spending that money to ensure proper health provision? Yet we spend it—[Interruption.] And that is exactly the debate that has to be had.

[Claire Hanna]

Does the right hon. Gentleman acknowledge that the Bengoa report outlined how we could tackle that reform and get ourselves to a more sustainable delivery, but that the Assembly has been collapsed for, I think, four of the six years since that that report was delivered, and that only way we can deliver those reforms, necessary as many of them may be, is in a restored Executive?

[Sammy Wilson]

That is the whole point. Ministers have had the Bengoa report, as the hon. Lady says, for years. They have never acted on it. Indeed, some of the health reforms that were acted on and some of the politically difficult changes that were made in Health were made by a DUP Minister. We have given the lead on trying to deal with some of the spending issues. However, even with those savings, there are still the issues of fairness, of whether the Budget is sustainable, and of why we are not implementing in Northern Ireland the kind of budget reallocations that are implemented in other parts of the United Kingdom.

We will find the issues arising from this budget coming back to the Floor of this House time and again, because Departments are not going to be able to work within the existing budgets. Furthermore, since the Minister indicates that the Barnett consequentials that should be coming through will not come through this year because of the overspend in previous years, when it comes to the payment of nurses, teachers and so on, there will be greater pressures on the budgets of various Departments across Northern Ireland. I do not know whether those are reflected in this budget. That is why it must be accepted that, until the Government are prepared to look at measures that create the grounds for the formation of the Executive again, this issue will rest with the Secretary of State and he will have to take responsibility for it.

--- Later in debate ---

[Carla Lockhart]

The reality is that the Barnett formula across the United Kingdom, in all the different nations, is needs-based. It is important that we do not just give Northern Ireland an amount of money, but drill down to the actual needs. On whether that means tinkering around with what has worked and what has not worked in Wales, we are more than willing to enter into those conversations, and use the Welsh model as a baseline and improve on it. Hopefully, if we can make improvements in Northern Ireland, they can be transported to Wales as well.

[Sammy Wilson]

Does my hon. Friend agree that a financial allocation made on a purely needs basis would provide the resources to start addressing some of those needs? For example, if there were a high number of people claiming unemployment benefit because they had mental health problems, money could go into the health service to deal with those problems and get them into work, or for people unemployed because they did not have skills, the money could be used on technical education to give them the skills so that they could get back into work. The vicious circle that has been spoken about could be addressed by having the resources to deal with that.

[Carla Lockhart]

Absolutely. I thank my right hon. Friend for his intervention.

We want a restored Executive not only to have firm cross-community consensus, but to be able to transform and deliver services effectively. For that, we need financial equipping based on need. As my right hon. Friend has indicated, those needs are really to the fore. If I think of my constituency, I think of the educational underachievement and the health needs. Those are the things we need to drill down into and fund adequately; if we do not, Northern Ireland will continue to be short-changed.

The Northern Ireland Office has recently been seeking to provoke discussions around revenue-raising measures. There is no question but that we are up for those discussions, but we cannot escape the fact that the Treasury’s contribution to funding public services in Northern Ireland is going down rather than rising. Spending up to 2025, for example, will increase by 6% in England but only 3.6% in Northern Ireland.

I have a specific concern about the impact that the policing budget will have on communities. The right hon. Member for Chipping Barnet (Theresa Villiers) made a very helpful intervention on that subject: it was a stark reminder that the terrorist threat level in Northern Ireland is severe. In that context, we just cannot continue to ignore the concerns that the chief constable and the Police Federation have raised in relation to the capability of our police force.

Despite the commitments in New Decade, New Approach to grow our officer numbers to 7,500, the stark reality is that we are now on a trajectory towards 6,000, largely because of a failure to prioritise policing in our Province. The truth is that there is a risk of the headcount dropping further, unless the Government urgently deliver the financial firepower that local policing is crying out for. In an intervention on my right hon. Friend the Member for East Antrim (Sammy Wilson), the Secretary of State made the point that that is on the Executive, but I would put the ball back into his court: it was an agreement in NDNA. When there was a language issue in NDNA, this Government very quickly helped and intervened, yet on the policing issue they have not gone far enough. The NIO claims to support the excellent work that the PSNI does. It needs to back up that claim and actually financially support it.

Similar challenges exist for health, education and roads. Time does not permit me to list the challenges that I am seeing daily in my busy constituency office, so I will draw my remarks to a close on the time issue. The time for the Government to act on funding for Northern Ireland is now. The time to act to review the Barnett formula is now. The time to take the necessary steps to restore cross-community consensus for devolution is now. It would be wholly unacceptable and utterly reckless if time were allowed to pass and we found ourselves passing another budget Bill in this place, as opposed to in Stormont.

Northern Ireland

Sammy Wilson Excerpts

Wednesday 22nd March 2023 Commons Chamber

[Sammy Wilson (East Antrim) (DUP)]

Let us be clear what we are debating here today: we are debating a lock, or a brake, that is necessary because the Government have allowed the EU to impose its law on part of the United Kingdom. The result is that we now have a border between one part of the United Kingdom and the other part of the United Kingdom, a border that is going to be reinforced very shortly by the building of physical posts that will be used to monitor trade between Great Britain and Northern Ireland. Goods that are going into Northern Ireland purely for consumption in Northern Ireland will be checked—100% will be customs checked, and one in 20 will be physically checked. Of course, that can be varied by the EU. What is the Government’s answer to it? That Unionists can make a protest about it and sign a petition of concern. By the way, if there is anything that will destabilise the Northern Ireland Assembly, it is the constant use of the petition of concern. Members from other Northern Ireland parties behind me will confirm that.

First, there is a limit on what can be done and, secondly, despite the Secretary of State saying that he would be bound to listen to petitions of concern from Unionists, in fact he would have no option to. Whole sections of the framework tell us the grounds on which he can refuse a petition. Even if he does accept it, he then has to go to the Joint Committee and exercise a veto, which he knows will lead to material impacts for the United Kingdom, and of that we can be absolutely sure. If it is a choice between disrupting relations with the EU or accepting legislation—ironically, this Windsor framework is presented on the basis that it will normalise relations with the EU—how likely is it that we are going to pick a fight with the EU over the implementation of some EU law in Northern Ireland? The truth is that this is not a Stormont brake; it is a Stormont fake. It should be rejected by this House. It does not protect the Union, it does not protect democracy in Northern Ireland, and it will not get the Assembly back and running again.

[Mr Speaker]

With 20 seconds, I call John Redwood.

Northern Ireland (Executive Formation) Bill

Sammy Wilson Excerpts

2nd reading
Wednesday 22nd February 2023 Commons Chamber

[Sammy Wilson (East Antrim) (DUP)]

I will say at the outset that the Bill going through the House today is an illustration and example of the futility of trying to use political blackmail to move my party from its principled opposition to legislation and to an agreement that is designed to take us out of the United Kingdom. I say to the Secretary of State that, to protect his own credibility in Northern Ireland, he had far better not listen to the anti-Unionist voices in the Northern Ireland Office, but use his political antennae to know what is the right thing to do.

This Bill illustrates that on four occasions the attempt to blackmail my party back into the Assembly by the threat of an election did not work, because the issues at stake are far too important simply to cave in to the threat of an election in which we might or might not have damage done to us, or to go back into an institution where, as Unionists, we would have been required to collaborate with an arrangement that was designed to, and will—as we have absolutely no doubt and as we have warned time and again—separate us from the country to which we belong. I hope the Secretary of State learns that lesson. We are not moving on an issue of principle.

The Secretary of State said in his remarks that he is disappointed that the Executive has not been re-formed. He should not be surprised. He and I campaigned to leave the European Union. We did so because we believed it was important that, as a country, we had the ability to make choices about the laws we had, the direction we took and the partnerships we made on trade, to do the best for the citizens of our own country. Yet, as a result of the protocol, Northern Ireland—and he knows it—has not gained the benefits that he and I campaigned for and that those who voted for Brexit wished to have. We are still left within the embrace of Brussels because of the imposition of EU law.

That fundamental problem is at the heart of the action we have taken. I have heard many hon. Members say today, as we will hear time and again, that this must be done to protect the Good Friday agreement. The fact of the matter, now clearly illustrated, is that the protocol and the Good Friday agreement cannot sit side by side. Indeed, one of the authors of the Good Friday agreement, the late Lord Trimble, made it quite clear that in order to keep the protocol intact, the Government would have to rip up the Good Friday agreement—and that, in effect, is what has happened. The leader of our party, my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson), has made that quite clear.

The consent principle of the Good Friday agreement has been removed. Even the voting mechanisms that are allowed to make decisions about whether the protocol applies have had to be manipulated and changed, and the provision in the Good Friday agreement for cross-community support on that particular issue had to be removed. The Good Friday agreement and the protocol cannot sit in place side by side. One of the two goes. That is why, as a party, we have said there must be changes to the protocol.

Why is this Bill necessary? The Secretary of State made it clear that he did not believe that an election would change anything. Why would an election not change anything? It is because he knows in his heart, even if the officials who advise him do not know it, the suppressed anger within the Unionist community at being pushed out of a country that many Unionists died, during a terrorist campaign, to remain part of. Thousands of them refused to be intimidated by threat of violence to vote in the way Sinn Féin and the IRA wanted. He knows that that anger and that determination have not changed.

All the talk about the impact of the Assembly’s not working on the day-to-day lives of people has to be measured against whether the Assembly was functioning to deal with those issues anyway. No, it was not: we had a black hole in our budget during the time the Assembly was sitting. Some of the increases in waiting lists in the health service occurred while the Assembly was working, and many of the other problems have not emerged since February last year; they are long-term problems that were not dealt with even when the Assembly was working.

Even with some of the decisions that people would like to see made, the majority of the Unionist population now realise what is at stake, and they would not find it acceptable for their Unionist representatives to go back into an Assembly even under the threat of calling an election. We have had a lot of different threats. We were told that the Northern Ireland Protocol Bill could not progress in this House unless we got a Speaker. We were told the electricity payments could not happen unless Stormont did them. All those threats have been made in the past. I must tell the Secretary of State that this problem is not going away, and this party is not going to collaborate in an Assembly where we are expected to implement that very protocol until there are changes made.

What kind of changes could avoid legislation such as this having to be made again? I think that is very clear. Some people have presented this as some kind of trade problem, saying, “If only you could do away with the trade issues and have trade flowing freely, the issue would go away.”, but it is much more fundamental than that. The trade issue only occurs because there is a different law applying and a different lawmaking body in Northern Ireland from those in the rest of the United Kingdom.

We are not subject to British law anymore—we are not subject to laws made by institutions set up in the United Kingdom. We are subject to laws made in Brussels. Those laws are imposed on us; we have no say on them, and if they are detrimental to our country, we cannot change them. If we try to not implement them—if we try to ignore them—there is a foreign court that will drag us into the dock to make sure that we do.

[Ian Paisley]

Would my right hon. Friend agree that the issue is not only about the laws? A raft of regulations is coming upon Northern Ireland daily and impacting on our principles and the practical issue of how we do business. For example, at the end of this week, regulations that affect the organic seal on eggs will put our egg industry effectively out of business. Those regulations will cut off our market here in Great Britain. We will not be able to market those eggs in GB, because a regulation from Europe says our organic egg products must be produced in a particular way that appeals only to the European market, where we do not have any sales.

[Sammy Wilson]

There are lots of different examples of that happening.

[Claire Hanna]

Would the right hon. Gentleman mind saying what he thinks the specific impact will be on the dairy industry, and the many producers that sell about a third of their milk to the Republic of Ireland? What would be the environmental impact of having to dispose of a third of the milk produced in Northern Ireland? Where would that be sold if we did not have our privileged access to the single market?

[Sammy Wilson]

The hon. Member should think about the issue the other way around. What would be the impact on the food industry in the Irish Republic if the EU and the Irish were so bold and so stupid as to cut off a third of the milk that they need to make cheese, butter and everything else in the factories there? There are always ways of working around these issues. There is an idea that, somehow or other, if we do not conform to EU law, we cannot trade with the EU. America does not conform to EU law; it does not have EU laws imposed on it. China does not have EU laws imposed on it, but it can trade freely, and its trade with the EU is worth billions. Of course there are ways of addressing the issue.

[Stephen Farry]

I am sure that the right hon. Gentleman would recognise that the difference between Northern Ireland and China or the United States when it comes to access to the European Union is that Northern Ireland currently has unfettered access to the European Union market for goods, whereas neither China nor the United States does. They have access, of course, but not on the same trade terms.

[Sammy Wilson]

The cost of that is fettered access to trade with GB, our biggest trading partner. When I look at the balance, the choice I would make, as a representative of Northern Ireland’s consumers and businesses, is to have unfettered access to, and supply of goods from, GB. I would rather have that than have to pay the cost of fettered trade with GB simply to have unfettered access to the Irish Republic, when we know that there are other ways around the issue of trading with the Irish Republic.

[Mr Laurence Robertson (Tewkesbury) (Con)]

Does the right hon. Member recognise that of all the goods coming from other countries into the EU, an average of only about 1.3% are physically checked? How could it be right for there to be checks on a greater proportion of the goods moving within the United Kingdom? That cannot be right.

[Sammy Wilson]

The hon. Member is right, and that illustrates just how much trade with GB is fettered in order to get unfettered access for a small amount of produce in the Irish Republic. Nearly 50% of the border checks for the EU were done for goods coming through Northern Ireland, even though we account for 0.4% of trade with the EU. That is the price being paid. Leaving aside the political and constitutional issues, there are huge economic issues from that unfairness.

The Secretary of State cannot and should not be surprised or disappointed that, as a Unionist party, we refuse to take our part in an Executive who would require by law—the courts have ruled on this—that our Ministers administer and impose that kind of arrangement on the people of Northern Ireland. That is not to mention the unknown future: there is a whole raft of EU law that we cannot even see—it is over the horizon at moment—that will cause us to diverge further from GB. That will make us a colony of Brussels—that is how it has been described—and will damage our economic, political and constitutional relationships with the UK. The Secretary of State cannot expect that of us.

That brings me to the point that I want to make: how do we get out of this situation? As my right hon. Friend the Member for Lagan Valley has mentioned, we welcome any changes that have been made. We have not seen the detail of them—nobody has—so it is really hard to assess exactly the extent of the changes on trade, checks, VAT and state aid, and what exactly they mean. Until we see them in writing, we are certainly not going to take the word of those who brief us. Even if their intentions are honest, everyone will have their own interpretation of those things. We need to see the changes to measure them.

A central question needs to be addressed; if it is not, there cannot and will not be a positive response from my party. What do we do about the 300 areas of law—not 300 laws, but 300 areas of law—to which Northern Ireland is currently subject that are being determined in Brussels? Do they come back to the devolved Assembly? There are three parties represented in the Chamber today, and some of them have already said that we should go with the deal, even though they have not seen it. We have not turned the deal down because we have not seen it in its entirety; we have simply given guidelines on what we expect to see in it.

I say this to all the parties here who send representatives to the Northern Ireland Assembly: what kind of public representative wants to be, and would support being, part of an Assembly that has no say over a whole raft of the laws that impact on businesses and consumers in their constituency? What kind of representative would accept sitting and working in an Assembly, and perhaps acting as Minister, if it meant implementing laws that they did not initiate and cannot amend, but have to implement, even if those are detrimental to their constituents? That is the democratic deficit, and it affects not just Unionists, but every party and every public representative that sits in the Assembly. That issue has to be addressed.

The only way to address the issue is to ensure that when laws are made for Northern Ireland, they are made either in this place, if they are on retained issues, or in Stormont, if they are on devolved issues. That is the ultimate test. Once that happens, we will not need to worry about trade barriers and everything else, because we will have a seamless market within the United Kingdom. I hope we get that outcome, because I support devolution. In fact, I was a member of the Executive at a time when they worked at their best; I am not taking any credit for that. I can think of legislation that I took through the Assembly that has been copied in other legislatures across the United Kingdom. The Executive were innovative, and able to respond to local issues. I can see the value of devolution, but it can work only if it is based on the principle of consent from both sides of the community—especially in a divided society such as Northern Ireland.

I take issue with the shadow Secretary of State’s questioning whether there is any need for the protocol Bill. I believe that in these negotiations, the EU has to understand that there is an alternative. Not to proceed with the protocol Bill would be wrong, because there must be a fall-back position if the negotiations do not succeed.

It seems that all the wrong choices have been made. For a couple of years now, the EU has wanted access to important commercial data, and before we have even made an agreement with the EU, we have surrendered and said that we will make that data available. The EU has been complaining about there being no physical border posts, and what have we done ahead of reaching any agreement? We have agreed that, since Stormont will not do it, the Department for Environment, Food and Rural Affairs will take responsibility for building those border posts, which are quite extensive. When I look at the size of the post in my constituency, I wonder whether everything will go through the green lane, because we have a massive 10-acre site, which DEFRA intends to develop with a huge building that would do Dover proud, for dealing with east-west trade. Those kinds of signal do not help us to reach a solution and agreement with the EU.

We wish the Government well. We think that their approach to these negotiations, as I have tried to illustrate, will not make it easy for them to get the concessions required from the EU. They have an alternative, whether that is the dual regulation alternative in the Northern Ireland protocol, or the mutual enforcement proposals that my party has put forward. The one thing I would say is that this requires radical change, not tinkering. What we have seen so far appears to be tinkering.

[Stephen Farry (North Down) (Alliance)]

I rise to support the Bill, and to confirm to the Secretary of State that he is doing the right thing in moving the election timetable; as things stand, that is probably the Bill’s sole purpose, even though the debate has ranged far and wide. That said, I welcome it as a potential vehicle, and appreciate that there are procedures to go through to enable Dáithí’s law to come into full effect. I join colleagues in paying tribute to Dáithí and his family for their campaign, and thanking the British Heart Foundation for its kind support. I also place on the record our collective thanks to House officials, who have worked very creatively over the past few days to facilitate this provision, and of course to you, Madam Deputy Speaker, and to Mr Speaker for your engagement with this issue. I am sure the teddy bear will be greatly cherished for a long time.

I think it fair to say that an election will not achieve much in the short to medium term; if anything, it could be counterproductive, especially given that we are at a delicate stage in the negotiating process. Of course, there is a mandate from May last year, which is still unfulfilled, and there are a lot of restless MLAs who are unable to do their full job. We talk about how there is a democratic deficit around EU law, but I cannot avoid making the point that by far the biggest democratic deficit is the failure to have an Assembly in Northern Ireland that can take control of devolved issues. At the moment, we have issues that are stuck, and while civil servants are doing their best to fill the gap, it is not a tenable situation. If some quarters put as much effort into addressing that as is put into creating an artificial battle over EU law, we would be in a much better place.

I respect the fact that we are at a delicate stage in the process. The intention is that if we get a deal that has cross-party buy-in, we will see the restoration of the institutions in the very near future. If we do not see that happening, we have to avoid a political vacuum being created. People will say that this Bill creates space, but space can be a positive or a negative thing, and it can also be a vacuum. If there is no restoration in the near future, we need to address reform of the institutions and, in particular, the situation whereby parties can veto power-sharing, never mind decisions that cut across communities and create difficulties. Power-sharing has been vetoed in the past and is being vetoed today, and that is not a tenable situation.

This is not about excluding any party; it is about a situation where, if a party is determined to exclude itself, that will not bring the whole show down or prevent other parties, which are willing to govern, from proceeding. However, my preference is for all parties that have a mandate to work together in Northern Ireland for the collective good of our society.

[Sammy Wilson]

Can the hon. Member explain why, in the three years when Sinn Féin excluded itself from the Executive and we had no Executive, the Alliance party not only did not propose, but refused to support any move that would have excluded Sinn Féin?

[Stephen Farry]

I am grateful to the right hon. Member for that intervention because it enables me to reinforce my point. My party has been seeking reform of the institutions since the passage of the Good Friday agreement. We have been consistent in highlighting that the particular form of coalition Government that applies is too rigid and has the potential for deadlock. I have to say that that is something the DUP also consistently pursued over those years, until fairly recently. With reference to the period in which Sinn Féin brought the institutions down, I encourage the right hon. Member to go on our website and look through the succession of conference speeches by our party leader, Naomi Long, in which she regularly called out the blockages in the system and called for reform of the institutions. My party has been extremely consistent on this point.

I do not want to spend too much time talking about the protocol, because that is not why we are here today, but obviously it is the backdrop or context for our discussion of the Bill and there are a few points it is important to reinforce. First, most people and businesses in Northern Ireland want to see an outcome, and they are pragmatic about the protocol; they understand why it exists and that it needs a measure of reform to work more effectively. In essence, they want to maximise the opportunities that come from it while addressing its deficiencies. That is where most people are in their headspace.

It is worth stressing, particularly in this Chamber and throughout Great Britain, that Unionism represented by the DUP is only one part of the equation of Northern Ireland society. Obviously, the DUP has an important view, which has to be taken into account, but it is far from being the majority viewpoint in Northern Ireland. It is important that commentators and others take a balanced view on what is being said in Northern Ireland and the interests being advanced by the people of Northern Ireland. For me and, I think, some others, the key test of the way forward is essentially that we preserve market access, both to the wider European Union market and to the UK economy as a whole. That is the key test for most pragmatic people and businesses.