Northern Ireland Protocol Bill

Debate between Stephen Doughty and Claire Hanna

Committee stage
Wednesday 20th July 2022 Commons Chamber

[Claire Hanna (Belfast South) (SDLP)]

We hear a lot about the egregious use of powers and regulations being imposed, but we hear very little about what specific powers people do not want to have. I think they are about the volume of lawnmowers and other such crucial things. Does the hon. Gentleman agree that it is more damaging to democracy to withhold the Northern Ireland Assembly, in which elected Members are supposed to address wider issues around health, education, the economy and everyday issues for Northern Ireland? The Assembly being withheld creates a far wider democratic deficit.

[Stephen Doughty]

Indeed. The point I have made is that the powers the Government are taking remove responsibilities from the Northern Ireland Assembly. We want all communities to have a say on matters that affect them going forward. I am sure we will come on to a number of those amendments in due course.

In the same vein, we would support amendment 12, which relates to clause 18, tabled in the name of my right hon. Friend the Member for Leeds Central (Hilary Benn), were he to press it to a Division. As the Hansard Society points out, clause 18 would give Ministers the power to “engage in conduct” relevant to the Northern Ireland protocol if they consider it—again this word—“appropriate” in connection with one or more of the purposes of the Bill. However, the Bill provides no elaboration on what type of activities that “conduct” could involve. Nor have the Government given a justification for why the additional power is needed. Indeed, the former head of the Government Legal Service, Sir Jonathan Jones QC, someone who has said a lot about the legality of the Bill, described this as a

“do whatever you like power”.

Given that the Government can provide no assurances on what types of “conduct” the power will be restricted to and that we have no justification for why it is even needed, this is not something we can support. That is why we support amendment 12, tabled by my right hon. Friend. The Government are in no position to expand their powers to such a degree, particularly in areas so sensitive. Not only are they a gross overreach of power, but they are also disrespectful to the constitutional role of this House.

I turn to some of the amendments that have been tabled. Labour has been clear, since the Bill was first introduced, that the way to solve the problems before us is to negotiate, and to do so in good faith. We recognise that the operation of the protocol has created genuine tensions that need to be addressed, but that is best done by all sides listening to each other and acting in good faith, and with the Belfast/Good Friday agreement at the heart of those discussions. I contend that the Bill simply does not do that. It is not an act of good faith for Westminster to unilaterally impose a solution, not least across Northern Ireland, and nor, tragically, will the solution proposed achieve its ultimate objectives. Only an agreement which delivers for the people and businesses of Northern Ireland, and respects the wishes of those on all sides and all communities, will provide a long-term and sustainable solution to this problem. That is why we support amendment 49, which references the fourth point in the protocol and the importance of protecting the Belfast/Good Friday agreement in all its parts, if it were to be pressed to a Division. Unilateralism is not the way forward on matters of such sensitivity.

I do not want to detain the Committee further at this stage. We have many amendments to get through today. To conclude, Labour’s amendments will prevent handing the Government overreaching powers that they are simply not fit to hold. Our amendments will protect the much-valued scrutinising and functioning of this House, and give a voice in this hugely delicate and important process to the people of Northern Ireland.