Northern Ireland

Stephen Farry Excerpts

Monday 26th February 2024 Commons Chamber

[Mr Baker]

Strand 1 is of course a matter for the United Kingdom, and while Northern Ireland is within the United Kingdom, everyone would expect us to make Northern Ireland work within the UK. Although there is no provision for direct rule, I gently point out to the hon. Gentleman that we went to some lengths, and at some cost, not to return to direct rule at this time. We have allowed events to evolve as they have precisely because we did not wish to return to direct rule. We are extremely grateful that there is a returned Executive in Northern Ireland, but we have a responsibility to all citizens of Northern Ireland to ensure that they are governed effectively. That is why we have put in place the arrangements that we made, and I for one am grateful that we did not have to go any further.

[Stephen Farry (North Down) (Alliance)]

Will the Minister give way?

[Mr Baker]

Oh my word: we are going to have a general debate on the Belfast/Good Friday agreement.

[Stephen Farry]

I am grateful to the Minister. His remark about ensuring that this works for all our citizens has sparked me to life. Will he set out the Government’s approach to reform of the institutions? As he knows, the Northern Ireland Affairs Committee produced a comprehensive report on the issue, which to date the Government have simply said that they “note”. There is still a risk that the institutions will collapse, and the same reasons that allowed them to collapse in the past are still there. Hopefully they will not collapse, but that is the danger. Will he assure us that he and his colleagues will work closely with the Irish Government and the parties in Northern Ireland to ensure a proper examination of the rules on the institutions, to ensure that we do not end up in the same mess that we have had twice over the past seven years?

[Mr Baker]

I am most grateful—although after this I will plunge further into my speech, because I want to conclude it. Our position is very clear that any change must come from the parties in Northern Ireland. That is not to say we are uninterested—I have personally been through an exercise of considering all the possible reforms that there could be. At the end of that lengthy exercise, I concluded that no plan for reform of the institutions and their operation would work if it was driven by yours truly. It is essential that this conversation comes from the parties in Northern Ireland. I do not doubt that we will wish to note and take interest in such a conversation, but it is for the hon. Gentleman and his colleagues, who are well represented on the opposition Benches, to move such a conversation forward. That is not something that the UK Government will be driving forward. It is vital that the new Executive now have the space to get on with governing Northern Ireland and doing what is very much needed.

--- Later in debate ---

[Stephen Farry (North Down) (Alliance)]

I apologise for my voice being a bit croaky; I might have to give up slightly earlier than planned. We will see how it goes.

I want to stress that a lot of people in Northern Ireland, including members of my party, have shown enormous patience and pragmatism, especially over the past two years, during which the Assembly has not met. I recognise the efforts made by the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) to get his party back into institutions, but we have to recognise that enormous damage was done during the two-year suspension, as it was whenever Sinn Féin took the institutions down previously. We have a lot of work to do to undo the damage that has been done, as well as build for the future. Hopefully, we can find consensus tonight on the importance of Northern Ireland having a prosperous future.

I do not want to linger on this point, but Brexit is the original sin behind the problems that Northern Ireland has had over the past seven or eight years. We have had the common theme of trying to find various mechanisms through which we can address the particular challenges posed in Northern Ireland, and of putting in place special arrangements. I hope that the Windsor framework, albeit with modifications in its implementation, can provide a degree of stability, but there is a wider point to be made about the future: the closer the UK and the European Union are aligned with each other, the less the impact of difference will be across the Irish Sea, whether we are talking about any residual checks that take place or tensions that arise about standards and regulation. Although I hope that we are closing this phase of the Brexit wars, particularly as applied to Northern Ireland, we still need to address how the UK and the European Union can find a better working relationship over the coming years. I say that while maintaining my own and my party’s aspiration that one day we will return to the European Union—and, perhaps even before that, the single market and the customs union.

As for our approach to what has happened, we have given the DUP and the Government a considerable amount of space, and recognised that there were issues that they had to work through to get to this point. Equally, we have to recognise that we have had a one-sided political negotiation in Northern Ireland, which is at odds with practice over the 25 years since the Good Friday agreement and, indeed, before that. We were pragmatic in that regard, provided we saw a situation that would not damage the Good Friday agreement, that no damage would be done to Northern Ireland’s dual-market access to both the UK and wider EU markets, and that the parties were kept informed. On all three of those tests, there are some issues that we need to air, which arise from the Command Paper.

We have been careful not to destabilise the restoration of the Good Friday institutions earlier this month, and tonight is perhaps a better opportunity to articulate some of the relevant points, rather than our rocking the boat at an earlier stage. In many respects, the Command Paper has no legal effect, and we are careful not to get too wound up about it. For some, it could be characterised as a glorified press release, but there are measures in it that may cause us all concern, and their implementation will be critical. Aspects of the language are one-sided and loaded, which perhaps points to wider issues of mindset that pose some concerns. Let me give the House a few examples.

Like the shadow Secretary of State, the right hon. Member for Leeds Central (Hilary Benn), I am concerned about the marginalisation of the duty to have due regard to the all-island economy in legislation. Removing those words from law does not, in itself, erase the reality of an all-island economy, but there is the danger of a change of mindset leading to missed opportunities. I would be very wary of a situation whereby we falsely set the UK economy against the all-island economy; the two can operate in perfect harmony and complement each other. Of course, the all-island economy is different from the UK economy, because there are separate jurisdictions in the all-island economy. Obviously, there are differences around tax, regulation and governance—just to give a few examples. However, Northern Ireland is in a situation where sales and supply chains operate on both an east-west and a north-south basis, and the all-island economy exists as a concept above and beyond Northern Ireland’s access to the EU single market.

A clear example of that is the existence of InterTradeIreland, which the Command Paper mirrors with the creation of Intertrade UK. Another is the fact that we have the single electricity market on the island, which has been one of the great success stories of north-south co-operation. That was not even envisaged in the Good Friday agreement, but happened afterwards through sheer pragmatism and the recognition of reality, including by DUP Economy Ministers at the time. We also have the reality of agrifood movements; we have some highly intricate arrangements on the island in that regard. If we end up in a situation where we do not give due regard to the all-island economy, we may end up missing opportunities to drive Northern Ireland’s prosperity, because we have to be open to all economic opportunities that come our way, irrespective of their characteristics. That is a particular danger in relation to the Stormont brake, which I will come to in a moment.

I recognise that European Union law is an issue of contention for many people in this House. For me, it is not remotely threatening whatsoever. I want to actively embrace it, because it is key to Northern Ireland’s access to the EU single market. We should not be running away from EU law, which is there to safeguard labour rights, consumer protection, environmental protection and other related areas. Companies want to have certainty on those issues for the environment in which they are operating, and those that export in particular want to have the ability to operate to the standards of their largest export markets in any event—so this is not a matter that the business community is raising concerns about.

I appreciate that in the long run, the Stormont brake may not actually change that much about Northern Ireland’s adherence to EU law. If, however, we find ourselves in a situation whereby there is either a delay or some other form of uncertainty in the applicability of updated EU law in Northern Ireland, it may create an issue for some inward investors into Northern Ireland, who rely on certainty about regulations, particularly in highly regulated areas—for example, pharmaceuticals. If we want to fully capitalise on our dual market access, we need to be very careful not to hollow that out from within by playing political games around the Stormont brake. We will reserve judgment to see how that works in practice but, on paper, it causes us some considerable concerns at this stage.

Going forward, it is important that we see a change of gear from the Government in how they engage with all the political parties in Northern Ireland, and that they try to address some of the friction that has built up with the Irish Government in recent months. I appreciate that there are two sides to every argument, but those issues need to be overcome if we are to make the most of this new beginning for Northern Ireland.

A greater level of transparency and co-operation with all the political parties will be crucial for the implementation of any measures that arise from the Command Paper. In that regard, not every item mentioned in the Command Paper directly relates to the seven tests that the DUP set out in its reasons for not being part of the Executive. We have seen some mission creep in some of the commitments that have been made. We have touched on a broad spectrum of issues in Northern Ireland on which there has not been proper engagement with all the political parties, but the Government are under a duty to ensure proper fairness in that regard.

Regarding some of the constitutional stuff that has been mentioned, I too am happy to put on record that I do not believe that joint authority is part of the Good Friday agreement. It is a choice between Northern Ireland being a part of a single UK or part of a single united Ireland. Within those structures we can come up with different arrangements, including a federal Ireland or devolution within the context of the UK, but those are the two choices available. That does not mean that the Irish Government are not a partner in the peace process. Indeed, they need to be an active participant in some aspects of the discussions relating to Northern Ireland. There are also issues in relation to the East-West Council and how that is going to be reconciled with the British-Irish Council. That is an institution under the Good Friday agreement, whereas the East-West Council is not. How will that be reconciled? The Government need to clarify some of these points.

The point has been made that if people want to secure the Union—that may well be the intention of a majority of people in Northern Ireland at present—the best way of doing so is to ensure that Northern Ireland works. That mean having functioning and effective political institutions. It also means equality within Northern Ireland and respect for all traditions. At the moment the jury is out in that regard. Over the past six or seven years, Brexit has resulted in a major reassessment of people’s identities and potential aspirations, and while opinion polls are pointing in a clear direction at present, I think people would be overly complacent not to read beneath the surface and see the degree of concern about the things have happened in recent times and the reactions to them.

[Gavin Robinson (Belfast East) (DUP)]

The hon. Member has spoken for over 10 minutes and he has raised concern after concern about the content of the “Safeguarding the Union” document, but not once has he reflected on the concerns of Unionists about the encroachment on our place within this United Kingdom as a result of what he was asking to be rigorously implemented. I am hoping that at some stage there will be space for that in this debate. Does he recognise that the wrong choice over the last number of years was to dismiss and demean the concerns raised by his neighbours and that if he and his colleagues had not done that, there might have been a more rational, sensible and pragmatic recognition of the problems and of the collective desire to address them? The only reason that the product of what we are debating this evening was not agreed collectively was that for too many years he and his colleagues dismissed those of us who raised legitimate concerns.

[Stephen Farry]

I am grateful to the Member for his intervention because it has allowed me to have a good drink to ease my throat. He raises some interesting questions which will allow me to clarify those points. I was not going to rake over old coals too much this evening but he invites me to do so.

Let me be clear: my party has always taken a pragmatic approach to special arrangements within Northern Ireland. We recognised, whenever Brexit was imposed on a society that already works through sharing and interdependence, that that situation was going to have to be carefully managed. I did not want to see any checks introduced anywhere on these islands as a consequence of that, but that was always going to be a reality in the context of a hard Brexit. Hopefully the current hard Brexit can be softened over time, which will help in that respect. In so far as those checks can be minimised, I am all for that. Our party has never stood in the way of that particular outcome.

The hon. Member for Belfast East (Gavin Robinson) made reference to the phrase “rigorous implementation”, although we have now heard about the vigorous implementation of the Command Paper from the hon. Member for Strangford (Jim Shannon). That phrase relates to a letter that was signed by four parties in September 2021 in the context of attempts by the UK Government to unilaterally breach international law. Our position all along has been that modifications to the protocol, right through to what we have today in the Windsor framework, need to be negotiated, where appropriate, between the UK Government and the European Union as the signatories to the new arrangements, and that they have to be legal.

In that context our position has always been consistent. We are a party of law. We are committed to implementing the law where we are required to implement the law, but where the law can be changed through proper process, we are all for that. What we were always against—and remain against—is unilateral action that puts Northern Ireland in a worse position because it undermines trust. The big game changer was when we had a change of Government in the autumn of 2022. All of a sudden the European Union and the UK Government started talking to each other and things started moving really quickly.

I would say that the result that we have today could have been found much earlier if we had had a lot more trust in the process between the European Union and the UK Government—and I certainly did not justify or require the Assembly to be down for two years, causing chaos in Northern Ireland’s public services and a huge number of missed opportunities. My party has always been clear that we want to see things such as the red and green lanes introduced, which was achieved through the Windsor framework. We have also consistently proposed a veterinary agreement, which I would remind the hon. Member for Belfast East that his party initially opposed whenever we put it forward.

[Gavin Robinson]

indicated dissent.

[Stephen Farry]

Questions were asked in the Northern Ireland Assembly and DUP Ministers said they were opposed, including the former leader of the DUP. I am happy to give way to the Member again so I can have another drink.

[Gavin Robinson]

The hon. Member should have another sip from that cup, although I am not sure it is working. What we did oppose was the understanding that all veterinary medicines would be available in Northern Ireland through an EU prism—an EU regime. What we have proposed—and what continues to be a part of this Command Paper with the Government’s indication that they will publish unilateral action come the springtime should agreement not be reached—is a recognition of mutual standards: mutual recognition. The hon. Member should recognise the statutory instruments that this House and the other place passed three weeks ago on a goods guarantee and mutual recognition—two things that I believe he and his colleagues might have described as unicorns.

[Stephen Farry]

The Member is conflating a veterinary agreement with the issue of veterinary medicines. There is an issue with veterinary medicines that needs to be properly addressed, but the issue of a wider veterinary agreement was something that the DUP opposed—a wider sanitary and phytosanitary agreement between the UK and the European Union that would free up bureaucracy relating to the movement of agrifood products. That would obviously have a direct benefit in terms of the Irish sea, but it is fundamentally in the interests of the whole UK agrifood sector to address some of the bureaucracy that is increasingly coming to the fore and causing frustration for many businesses. Indeed, perhaps at some point we will have a discussion around the “not for EU” labelling issue, which is also causing major concerns for businesses across the UK but is being driven by this particular process.

I appreciate that the Member and his party are keen to have this narrative about “We have achieved this and we have achieved that”, and I am not to trying to burst their bubble too much, but the reality is that there will still be a degree of checks across the Irish sea. Whether they are done on a risk basis or whether we have a red channel for that, the reality is that there will have to be some management of that Irish sea interface, including the registration of the businesses involved. Those are all products of the fact that we have a hard Brexit, and that we have to manage those tensions. I am delighted that we have got them down as far as we have but, equally, we need to be frank and honest that there are certain parameters beyond which people cannot go.

I was not necessarily planning to have as big a row with the DUP as has unfolded tonight, but I have some comments for the Government on the way forward. We are getting a clear narrative that the Government are committed to making Northern Ireland work. We all share that commitment, and we want to see prosperity.

I have three points for the Government, and hopefully the DUP will agree with some of what I say. First, revenue raising was clearly meant to be part of the wider transformation plan required for the Executive to pay off what was packaged as their debt. Of course, that debt would not have arisen if we had a proper fiscal flow. I freely acknowledge that the Executive will have to address revenue raising, but there is a danger that they will rush to address revenue raising in the coming months while they are still trying to find their feet and address wider financial issues, which could cause difficulties within the Executive. Of course, we should address revenue raising, but let us not rush headlong into it. A figure of £113 million is not insignificant, but it is a drop in the ocean compared with a £14 billion-plus revenue budget. There are much bigger decisions to be made on health and education reform, which the Executive need to be encouraged to address, rather than clashing over £113 million.

Secondly, Casement Park is an important issue for the Euros in 2028, but it is a wider, totemic issue for a section of the community in Northern Ireland. I will not go into exactly what the UK Government have to do, but they are a player. Commitments have been made on their support for this overall project. The clock is clearly ticking, so there is a degree of urgency. The issue is now being escalated as a potential political confrontation point, which may pose problems to the restored Executive. With all the caveats about value for money that the Government have to consider, they should be clear, as soon as possible, about what they can do so that the project can move ahead.

Thirdly, the repackaged Fresh Start money is above and beyond the £3.3 billion package for the restored Executive. That fund was already part of the transformation fund for shared and, in particular, integrated education. We now have a situation in which 10 schools, at different levels of development, for integrated education—which, to be fair, the Government have embraced over many years—are now placed in jeopardy. To me, that is not only a step back from integration and reconciliation in Northern Ireland, but it is at odds with the objective of transformation. I urge the Government to reconsider how the Executive handle the £150 million of repurposed Fresh Start funding. Again, the Government agreed the package during a previous political crisis in Northern Ireland.

I have spoken for far longer than I anticipated. I recognise that Northern Ireland is in a much better place with a restored Executive and a restored Assembly, and I recognise that a lot of good work has been done to address a number of critical issues, but there are still bumps on the road ahead. My central appeal is that the Government work more closely with all the political parties to ensure that what they have set out is implemented fairly and transparently, and to ensure that all concerns and input are fully taken into account.

[Sammy Wilson (East Antrim) (DUP)]

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

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

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

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

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

[Stephen Farry]

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

[Sammy Wilson]

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

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

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

“the importance of upholding the Belfast…Agreement”,

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

Secondly, the Humble Address acknowledges

“the foundational importance of the Acts of Union”.

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

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