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.

United Kingdom Internal Market

Stephen Farry Excerpts

Thursday 1st February 2024 Commons Chamber

[Gavin Robinson]

My hon. Friend is absolutely right. Intertrade UK, a body about which Members will read in The Command Paper, will have an important job of work to do in that regard.

Back in October 2022, whenever we were under significant pressure to move and to accept our lot, my parliamentary predecessor, former First Minister of Northern Ireland and my mentor, Peter Robinson, issued a powerful post reminding colleagues and those of us who were under pressure that we had not come this far only to come this far. He was encouraging us to stand, and we stood our ground not only then but throughout all the hype and all the pressure associated with the publication of the Windsor framework. The three fundamentals that are expanded on in our seven tests were to repair the constitutional harm imposed upon our country, to remove the democratic deficit at the heart of the arrangements for parliamentarians in our Northern Ireland Assembly, and to reduce the friction on trade, and remove it in respect of GB-to-NI goods that are staying in the UK internal market.

That has been our quest. On the constitutional harm, I am delighted that, as a consequence of our party’s resolution, determination and stand over the past number of years, the leader of my party, my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) and this Parliament were able to speak to and agree the constitutional SI that just passed the House. That is an important milestone.

On the democratic deficit, let us not forget that what has been achieved in repairing and removing the democratic deficit, and giving Stormont a say in the rules that apply to Northern Ireland, did not just come by way of change in this place. The agreement of that resolution required a structural amendment to the Northern Ireland protocol, and article 13.3 and 13.4 of that protocol was amended. The Windsor framework did that, and, in the constitutional SI that we just passed, we have strengthened further still the legislative provisions around the operation of that process. I say that to indicate that what we were told could not happen—changes to these texts, these tablets of stone—has happened.

These regulations are an important document not in and of themselves but as part of a much wider package that has been secured, and that was published in yesterday’s Command Paper. That wider package has import in and of itself, and today’s proceedings have an importance attached to the prospect of a return to devolution. Our party is a devolutionist party. We believe in locally elected representatives in Northern Ireland having the ability to shape our future within the United Kingdom. The cost and consequence of not recognising the opportunity before us, of not seeing the gains that have been achieved, would be too damaging for Unionism and too damaging for the future of our Province within this country.

Neither this SI nor the SI we have just passed is the sum total of what we have agreed. I listened to the hon. Member for Aberconwy say that there is no issue for goods moving from Northern Ireland to Great Britain. He believes that because it has been said so many times, but it is not so. From 2017, successive Conservative Governments have always dismissed the fact that traders trade in both directions, and they have always answered through one prism, never recognising that we should be equally free to buy and sell in the marketplace.

Saying that trade has not been a concern is to belie the fact that, as Unionists within this country, we had a situation in which UK trade deals did not automatically apply to us in Northern Ireland. Consumers in Northern Ireland could not benefit from those trade deals.

Although it is not in this SI, it is worth mentioning that on Tuesday evening, as a consequence of our discussions and negotiations with the Government, and as published in the Command Paper, we saw the publication of 60 pages of legislative text that will see products from the rest of the world that are freely available in the rest of the United Kingdom now be available in Northern Ireland. Those products will be taken from the red lane into the UK internal market system.

Some 13,000 tonnes of products will be available that were not available until we secured the concession that recognises our rightful place within this United Kingdom and our access to UK free trade deals. That important step means that 14 million items will move from the red lane into the UK internal market system, and it will mean that free trade deals benefit the people of Northern Ireland in a way that they previously could not, in a way that they did not and in a way that was never previously considered. That progress has been secured by this agreement.

The House will also recognise that, as outlined not in this SI but in the deal itself, primary legislation will be introduced to remove what I can describe only as the legislative litter retained from the 2017 joint report on the fictional all-Ireland economy, which does not exist. The reason why goods are labelled “not for sale in the EU” when moving from GB to NI is because we have a separate and distinct arrangement. We are not the same as the rest of the island of Ireland. We are part of the United Kingdom, and this deal reinforces that.

[Stephen Farry (North Down) (Alliance)]

I appreciate the hon. Gentleman’s concerns about the phrase “all-Ireland economy,” but does he not recognise that a number of companies based in Northern Ireland essentially operate on an all-Ireland basis? His party’s leader, the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), has highlighted the obvious example of Coca-Cola, which is based in Lisburn and serves the entire island.

[Gavin Robinson]

It is always good to hear from the hon. Gentleman, but he knowingly confuses my point. He knows that Coca-Cola being situated in Northern Ireland and sending its products throughout the island of Ireland is a point that recognises our access to the single market, with which I take no issue—I see it as a practical benefit. He also ignores the fact that, in Northern Ireland, Coca-Cola is able to manage different tax regimes, different currencies and many different aspects which, in and of themselves, clearly demonstrate that there is no all-Ireland economy. I am not concerned about there being one, but I am concerned that there is one remaining reference in legislation that is totally irrelevant and has no force in effect but requires Ministers to have due regard to something that does not exist, and is part of this agreement.

The Northern Ireland Protocol Bill accepted red and green lanes but, under this new arrangement, there is no need for a lane to deal with goods coming from GB to NI and staying within the United Kingdom internal market. The checks required by the Windsor framework— tapering down to 5% by 2025 but, in real terms, 100% on some fruit and veg, 30% on meat, fish and poultry, and 15% on dairy—are gone, save for the ordinary checks we have in relation to smuggling and criminality. Those changes can only be achieved by opening the EU text and securing change in a way that we were told could not happen, that we were told was mythical or wishful thinking.

Madam Deputy Speaker, you have been very gracious in letting me speak around the SI up until this point. In the United Kingdom Internal Market Act 2020, the Government proposed many things that were to be of benefit to us, but they dropped them. They had our support in protecting our place within the UK internal market, but they dropped the proposals. This deal brings them back again, but it also goes further.

Other Members have commented on this, but proposed new section 45A(2) of the 2020 Act says:

“Accordingly, this Act—

(a) prohibits the application of export procedures to goods removed from Northern Ireland to Great Britain”.

Whether or not Members think it has practical import, I can say as a Unionist that it has principled import. There should be no exit procedures. The exit procedures under the Northern Ireland protocol have caused us so much harm, and they have gone. That is important for all of us.

Subsection (3) says:

“In particular, that permanent unfettered access is achieved in relation to qualifying Northern Ireland goods through (among other things)—

(a) the mutual recognition”.

Mutual recognition has been discussed many times in this House, and it is an aspiration we all share. We were told it was mythical. We were told it was a unicorn project. We were told that it could never be achieved because the EU would never agree, yet in this SI, we have mutual recognition—something that could do away with the checks, the impediments and the impositions that were put upon us by this Parliament and resolve the barriers to trade within our own country. Something that had consequences for the principled and political integrity of our country is now gone, because we have achieved mutual recognition.

Why is that important? It is important in the context of the debate we have been having across the House. I am proud that we have put in measures about internal market impact assessments that probably seem a little boring, methodical and bureaucratic, but even if we go through the process of getting civil servants and policy- makers to understand that any choice they make could have an impact on the UK internal market and Northern Ireland’s place within it, to understand what those impacts are and seek to address them, and even if the conclusion is that parliamentary sovereignty reigns and the principal policymakers in this place decide that they will diverge in policy terms from where we are in Northern Ireland, we have a goods guarantee. Nobody on the DUP Benches is going to upset parliamentary sovereignty, but we will protect our place within this United Kingdom.

The goods guarantee—the mutual recognition that says that, irrespective of the standards that apply in either part of this country, our goods from Northern Ireland will always be welcome in the rest of the United Kingdom—is a gain. It is a gain even when others did not see it as a problem, because it future-proofs our place within this United Kingdom. It is something that was absent from the Windsor framework. It has been a long quest for all of those who have walked hard yards to resolve some of the issues that have arisen from our choice to leave the European Union, but our determination on those issues has never wavered, and a resolution has been achieved.

New section 46A of the United Kingdom Internal Market Act deals with indirect access. In that section, our Government are now saying very clearly that there can be no administrative checks, controls and processes, not only for direct movements between one part of our country and another but for indirect movements—direct movements, but for the fact that the goods have merely passed through the Republic of Ireland. That crystallises yet again the fact that we are not in an all-Ireland economy: we are different from our near neighbours. Legislatively, Northern Ireland hauliers and Northern Ireland businesses that are sending goods from Northern Ireland to Great Britain will be able to do so in an unfettered way, even if they travel through a foreign country. Those controls will not apply to them.

Those achievements are worth focusing on, because we have been trying to resolve the unresolvable—to get focus on places where attention had moved elsewhere. It has taken much longer than we would have liked. I am sure that many Members on other Benches would have preferred the process to end a lot sooner as well, if only we had agreed to less, but we were not prepared to do so. The Windsor framework marked progress, but we said that there were unresolved issues: not only the potential for future divergence in GB that would put us in a difficult position, or gains that were offered in the Northern Ireland Protocol Bill or, indeed, the United Kingdom Internal Market Act that were ultimately dropped—which we have now brought back and secured, and this Parliament is agreeing to—but resolving the unresolvable in a way that will have practical application for Northern Ireland, and for our place within this United Kingdom, now and for a long time to come.

Northern Ireland

Stephen Farry Excerpts

Thursday 1st February 2024 Commons Chamber

[Chris Heaton-Harris]

If my right hon. Friend goes through paragraphs 136 to 141 of the Command Paper, she will see us stating that we know that the current situation is not right. We have a grace period that will run out soon, and we want to find a solution similar to the one we found for human medicines. It has been suggested that we set up a working group of experts and people who truly know and care about this subject to look at this matter quickly and come to Ministers and Parliament with a solution that we will take to our European partners and negotiate hard to get, and we want to do that. The situation is not quite as she states; there is a process to get to a point where we have a settled view from this House, and indeed from experts from Northern Ireland in this space, so that we can move forward on this matter. I know it is important to all Members from Northern Ireland.

As I was saying before that intervention, the SI will increase transparency by ensuring that Parliament is presented with evidence of the GB-NI trade impacts of relevant legislation before proceeding with it. The concrete steps we are taking and enshrining in law will deliver clarity to business that Northern Ireland’s unfettered access to the UK internal market will not be threatened by a new regulatory border.

Finally, with this legislation the Government will provide for additional duties and further requirements in statute regarding the operation of an independent review of the Windsor framework, reflecting our steadfast commitment to ensuring that the framework operates on the basis of the broadest cross-community support. As Secretary of State, I will be put under a duty to commission a review within one month of the Assembly having passed a consent vote, but without cross-community consent, and I will be obliged to respond to the report from that review within six months. That constitutes a new and important commitment by this Government. All those steps we are taking are designed to ensure that tangible action is taken off the back of a review and solutions are found. Government Ministers are being placed under a legal duty to raise the contents of the review at the UK-EU Joint Committee on the withdrawal agreement.

[Stephen Farry (North Down) (Alliance)]

Can the Secretary of State provide a little further clarity about the independent review of the Windsor framework? He will appreciate the spectrum of views on the Windsor framework, and it is worth stating that most people in Northern Ireland, most elected representatives and most businesses are pragmatic about it, although there are those who are opposed to it. Can he assure us that it will be a genuinely independent review that takes on board the full spectrum of opinion, not least in the context of the Assembly potentially having confirmed at that stage ongoing support for the Windsor framework?

[Chris Heaton-Harris]

I can give the hon. Gentleman that confirmation. It will be for Ministers to make sure that the panel is completely independent.

--- Later in debate ---

[Stephen Farry]

Does the shadow Secretary of State recognise that there is a different school of thought from some people and businesses in Northern Ireland around the Stormont brake? If there is a degree of delay or uncertainty in the application of an updated EU regulation, that could inadvertently undermine Northern Ireland’s dual market access, by creating uncertainty for businesses seeking to invest or remain in Northern Ireland. By far the better way is for Northern Ireland institutions to talk to the European Union at the start, to make sure that our concerns are reflected as fresh EU law is undertaken or updated.

[Hilary Benn]

The hon. Member makes an extremely powerful and useful point. The businesses that I have spoken to in Northern Ireland support Northern Ireland’s access to the EU market. In choosing to pull or not pull the Stormont brake there are many considerations, which I am sure elected politicians in Northern Ireland will take into consideration. Let us be honest: it depends on what we are talking about. What impact will it have? Will it have a really bad effect, in which case people might reach for the brake? Other times it may be a perfectly sensible change and nobody needs to worry about it. But there is a mechanism that gives Northern Ireland politicians and the Assembly the chance to decide between the two.

Northern Ireland Executive Formation

Stephen Farry Excerpts

Wednesday 31st January 2024 Commons Chamber

[Chris Heaton-Harris]

I thank my hon. Friend. I know that he is passionate about Northern Ireland: indeed, I saw his passion when I hosted him and he visited and looked around Northern Ireland. The answer to his question is yes. Yes, we need to move forward. Yes, we need to work with the Democratic Unionists. Yes, we need a positive way forward for Unionism so that Northern Ireland can forever stay part of our United Kingdom.

[Stephen Farry (North Down) (Alliance)]

I am hopeful that Northern Ireland is now in a better place. I have always understood that, in the context of a hard Brexit, Northern Ireland would require some special arrangements. My party has always been open to maximising flexibilities, provided that those are done in a legal way and that we protect our dual market access.

On the financial package, I very much welcome the £3.3 billion for Northern Ireland, which reflects a cross-party effort. Will the Secretary of State acknowledge that there is a need for a further discussion to happen—potentially in the next Parliament—on a long-term review of Northern Ireland’s fiscal framework and fiscal floor? On reform, will he recognise that, building on precedents, the UK Government must lead that process? If we are talking about safeguarding the Union, we also have to talk about safeguarding the Assembly and the Executive.

[Chris Heaton-Harris]

I thank the hon. Gentleman for that question, which has been raised with me for months—if not since I became Secretary of State—by the hon. Member for Belfast East (Gavin Robinson), who is rather keen on making sure that we have a long-term agreement and process in this space. I really look forward to working with Ministers in a reformed Executive on exactly that.

Northern Ireland (Executive Formation) Bill

Stephen Farry Excerpts

2nd reading
Wednesday 24th January 2024 Commons Chamber

[Stephen Farry (North Down) (Alliance)]

This will probably not do the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) many favours, but I congratulate him on the tone of his speech. I found it to be encouraging in that respect. Obviously, Northern Ireland is currently in an incredibly difficult place. In terms of the overall situation we find ourselves in, it is fair to say that there is disappointment, anger, frustration and indeed bewilderment that we do not have functioning institutions. That view is shared by the vast majority people in Northern Ireland and, indeed, by businesses and civic society organisations.

When the January 2024 date was set in the previous Bill, it was so far off into the future that it seemed inconceivable that the institutions would not have been restored by that point, but here we are. It is in a sense bizarre to see a piece of primary legislation going through this Parliament essentially to extend and facilitate a negotiation by two weeks. Decisions could have been taken at any stage in the previous year—indeed, in the previous weeks and days—to avoid this situation.

On the surface, this is a simple Bill, but beneath it lies a much bigger story. This may well be a pragmatic extension in the hope and expectation of a breakthrough, and I sincerely hope that that happens, but the people of Northern Ireland have been patient—overly patient in many respects—about bringing matters to a conclusion. There will always be a degree of scepticism until we see a positive outcome. For others, however, the Bill amounts to kicking the can down the road for another couple of weeks and potentially deferring the much bigger decisions that will have to be taken in the event that we do not see the speedy resumption of devolution.

One aspect of the situation we find ourselves in is the story of Brexit, which was alluded to by both the right hon. Member for Leeds Central (Hilary Benn) and the hon. Member for Gordon (Richard Thomson). It is about how the DUP backed a hard Brexit and did not reconcile that with the implications for Northern Ireland in terms of the special arrangements that had to be put in place. There is no perfect solution to the challenges that Brexit poses to Northern Ireland. The Windsor framework offers perhaps the best approach to putting a square peg into a round hole, short of a wider reassessment of the UK’s overall relationship with the European Union, but I must stress that whatever residual issues exist with the Windsor framework—I fully accept that businesses have frustrations with certain aspects of what they see; the same applies for consumers in some respects—they all pale into insignificance compared with the absence of functioning institutions and the ability to take decisions on health, education, our economy and protecting our environment.

As the Chair of the Northern Ireland Affairs Committee, the right hon. and learned Member for South Swindon (Sir Robert Buckland), said, we are also seeing real consequences in the wider trust and confidence in politics itself in Northern Ireland. Politics is not working, and that is a dangerous place to find ourselves in. It is not simply that issues are being parked for the eventual resumption of the Assembly to pick up where we left off. Every day the impasse goes on, more and more damage is being done to Northern Ireland’s public services and we are losing economic opportunities.

I do not want to get into too much politics today—there has been a lot of that—but nevertheless I have a responsibility to say that there are other options we can consider. The DUP has been allowed to essentially hold the process to ransom with impunity over the past 12 months, in terms of blocking the Executive. I understand the point about cross-community confidence in any Executive, but blocking the functioning of the Executive goes against 75% of the people of Northern Ireland. There is a world of difference between checks and balances on individual decision making with the institutions, and a party pulling them down and stopping them from functioning and having no Government at all. The fact that we have to legislate for direct rule—if that is where we end up; I stress again that I hope we do not find ourselves in that situation—shows that previous legislators did not envisage a situation where the Assembly would not be functioning.

The space for negotiations around the Windsor framework is narrow. We have to be realistic. The Windsor framework is an agreement between the UK and the European Union, and there will be consequences from unpicking it unilaterally. Equally, we cannot unpick the Good Friday agreement, so the space is narrow and centres around implementation. I want to again stress from the Alliance party’s point of view that we would be open-minded on any solution that comes forward. For us, the key element is that Northern Ireland maintains dual market access to both the UK internal market and the wider European market. Outside that red line, we are open-minded. If checks across the Irish sea can be reduced or limited in some cases, we are all for that. None of us wants to see them, but at the same time we recognise that due to the fact that Northern Ireland has special arrangements, and there is a good reason for them, some degree of checks across the Irish sea might be needed. Northern Ireland has always had special arrangements throughout its entire history, right back to the foundation of the state in the early 1920s, and they were accepted with pragmatism for very good reasons. I urge that that is the case today.

On the financial package the Secretary of State referred to, I again put on record my and my party’s thanks to him and his wider team in the Northern Ireland Office and the Treasury for putting it together. It is a bigger financial package than we have seen in previous breakdowns of devolution. At the same time, however, I have to say that the glass is somewhat half full. It will buy some time for a restored Executive, perhaps a couple of years of stabilisation, but there is still a much bigger conversation that we have to have in conjunction, potentially, with the next spending review on a proper fiscal floor for Northern Ireland. I appreciate that there are reasons why the current Government cannot go down that particular avenue, in terms of their wider spending commitments and the Prime Minister’s five pledges, but it is important to stress the point that that wider discussion still needs to take place.

I join colleagues from Northern Ireland in stressing that we would like to see the Secretary of State moving ahead with the public sector pay issue, which has no leverage whatever in the negotiations. The money is there and it should be released. Equally, while we all might wish to dump on the Secretary of State and put pressure on him—he is a player in this regard—frankly, that release would be quicker and smoother if DUP colleagues returned to the Executive tomorrow, next week or whenever. There are two ways we can address the rightful claims of public sector workers: through the action of the Secretary of State or a speedy resumption of devolution.

In the event that we do not see an outcome in the next couple of weeks, we must look at alternatives. Perhaps that is a debate for another day, but there are two directions of travel. For me and my party, reform is the key way forward. The Good Friday agreement was never meant to be set in stone. It was always envisaged that it would evolve with circumstances and changing demographics. Indeed, many of the architects of the agreement—people no less than Senator George Mitchell himself—recognised that review and evolution would be important. Reform is important to facilitate restoration, or, if we get restoration, to learn the lessons of the instability, lack of cohesion and unfairness of the past 25 years and prevent a further collapse from happening. But the principles of the agreement, the structures, and the set of relationships across these islands remain sound.

To conclude, I think it was the shadow Secretary of State, the right hon. Member for Leeds Central (Hilary Benn), who made the point that all the parties in Northern Ireland are committed to devolution. Reform of the agreement keeps devolution alive. If we end up with the presumed default of going for direct rule, we move outside the Good Friday agreement. It might be the pragmatic solution in the circumstances, because Northern Ireland must be governed and public services have to be funded, but none the less we must recognise that that is a big step away from devolution. Reform is consistent with the agreement; direct rule is not.

However—this is an important point to stress to those people who are again opposing a deal and the way forward—in the event that we do not get restoration and we end up with direct rule, that direct rule must have an Irish dimension to it. That Irish dimension will be consultative and build on existing structures within the agreement. We have to recognise that direct rule, in a divided and diverse Northern Ireland, will be controversial. We have to recognise that in our governance and put in place mechanisms that balance it out. That is the reality. [Interruption.] I say to the hon. Member for Belfast East (Gavin Robinson), who is muttering from a sedentary position—I am happy to take an intervention from him on this point—that the principle of consent remains in place. However, the principle of an Irish dimension has been established for quite some time, going back to the Anglo-Irish agreement. Of course, the Good Friday agreement acted to take much of that away, but that is the direction of travel. Those people who are arguing against progress in Northern Ireland and saying that we have a cover blanket of direct rule to fall back on, need to think very carefully about what they are calling for. What I am setting out is not what I want to see, and it is definitely not what they want to see, but that is the trajectory they will find themselves on if we do not see the speedy restoration of the Northern Ireland Executive.

Oral Answers to Questions

Stephen Farry Excerpts

Wednesday 22nd November 2023 Commons Chamber

[Mr Baker]

I agree with the right hon. Gentleman that a review is needed. I believe that it is possible for the Northern Ireland civil service to get on with that work under the powers that we have given it. If it transpires that that is not the case, I will write to him and put a copy of the letter in the Library. He is right—the insights he provides are wise and necessary—that we all want to work together to see a restored Executive, because it is for Northern Ireland Ministers to work with their Department for Infrastructure to deal with such matters.

[Stephen Farry (North Down) (Alliance)]

8. What assessment the Government have made of the potential merits of introducing a fiscal floor for Northern Ireland.

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

I thank the hon. Member for the proposals that he and his party have shared with me regarding these matters, as well as those of the hon. Member for Belfast East (Gavin Robinson). I read his article in The Irish Times earlier this morning with great interest, but he will know that such change is not exactly the silver bullet and will need some negotiation.

[Stephen Farry]

I appreciate that there is a need for a negotiation. A fiscal floor is vital to Northern Ireland. Can the Secretary of State ensure that any fiscal floor is driven by evidence, based on the work of the Northern Ireland Fiscal Council, draws on the work of Professor Holtham in Wales, and properly reflects the devolution of policing and justice, as happened in 2010 around need?

[Chris Heaton-Harris]

There is always some debate on the basis of need, and the Fiscal Council outlined what it should be in its eyes. In general principles, the answer is yes. A lot of conversations are to be had, and the Fiscal Council helpfully published a report earlier this year, but I remind the hon. Gentleman that the proposal for Wales took over seven years to negotiate.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Stephen Farry Excerpts

Consideration of Lords message
Wednesday 6th September 2023 Commons Chamber

[Chris Heaton-Harris]

The hon. Gentleman characterises it completely incorrectly. There are no guarantees that the Bill will bring information forward but, as I tried to outline, very little new information has come to light that has led to new cases. Very few people have been able to receive justice. He mentions the point that, in the past, some people might have misled a judge-led inquiry. Well, that is perjury, and perjury is now part of this Bill. The Bill has changed a huge amount over the past year, and it is worthy of support.

[Stephen Farry (North Down) (Alliance)]

This may well be our last chance to discuss the Bill in this Chamber. May I ask the Secretary of State to reflect on the fact that virtually every independent human rights expert including, most notably, the Northern Ireland Human Rights Commission, which has statutory functions, does not believe that the Bill is human rights compliant? Even Sir Declan Morgan, who has been appointed to head up the ICRIR, could not give a categorical answer to that question in a recent newspaper interview. Indeed, it is anticipated that a whole series of cases will need to be brought forward to clear up the issues around human rights compliance.

[Chris Heaton-Harris]

I understand that point and, again, that is the purpose of all the amendments we have made. The hon. Gentleman will know that I was not comfortable with the Bill that I inherited because, as there would be a gap in investigations, I did not believe it could be article 2 compliant. Amendments have been introduced that completely change that and I believe that the Bill is now compliant, but that will undoubtedly be tested. Only when it is tested and the results come forward can anybody actually say that the Bill is article 2 compliant, as Government lawyers truly believe it is.

--- Later in debate ---

[Stephen Farry]

To start with the specific amendments before us, the Government’s approach, right to this eleventh hour—five minutes to midnight in terms of the Bill—reinforces the premise behind the Bill. Immunity is the central foundation stone on which this flawed Bill has been designed and taken forward, and the immunity clause goes to the heart of why there is no confidence in the legislation and why it has been rejected by so many stakeholders, most notably victims groups. That opposition spans the entire political spectrum in Northern Ireland.

Reference has been made to the history around this issue. I do not want to dwell on that overly, but there is a notion that the Stormont House agreement was not agreed to and was in some way flawed, and that we needed an alternative. Stormont House was agreed by virtually every political party and there were efforts made to implement it, but beyond the political parties it had the confidence of victims groups and the approval of independent human rights experts, so it was the basis of moving forward.

As has been said, as recently as “New Decade, New Approach”, Stormont House has explicitly been the policy of this Government. Within three months from the launch of “New Decade, New Approach”, we had, in effect, a handbrake turn, with a written ministerial statement by one of the Secretary of State’s predecessors, the right hon. Member for Great Yarmouth (Sir Brandon Lewis). It was very clear that the immunity concept, alongside the Conservative party manifesto, was driving that, so the whole premise of the Bill is driven by the politics of the Conversative party, not the needs of Northern Ireland. That is the fundamental reason why the Bill will never be seen as legitimate in any sense in Northern Ireland. Further, I do not understand the logic of a Secretary of State saying that Stormont House does not have full support, so we cannot proceed on that basis, and then, by extension, introducing a Bill that has no support from any political party or victims group in Northern Ireland. That seems utterly nonsensical to me.

I will not reiterate the point I made about human rights compliance, but I acknowledge that the shadow Secretary of State, the right hon. Member for Leeds Central (Hilary Benn) echoed and reinforced the point that we will see legal challenges to the legislation.

Finally, I welcome what the shadow Secretary of State said about the repeal of the legislation. If we see a change of Government after the next election, I hope that will be a priority for the incoming Government.

[Colum Eastwood]

There are a lot of things that get me angry in this job, but this has got me more angry than anything I have ever had to deal with. The people sitting on the Benches occupied by Members representing Northern Ireland’s constituencies have had to deal with, get to know and work with the victims of our terrible past for decades. Frankly, I am embarrassed today, as I do not know what I am going to say to them when I speak to them after the debate, because as a whole—as a body politic—we have failed them.

We have a peace process, we have peace and lots of us have been able to move on, but we have left a very significant cohort of people behind, and we are rubber stamping that today. Some people will walk through the Lobby coldly, without having the names of the victims ringing in their heads. I have their names going around my head right now—I have put many of them on record in this Chamber during the passage of the Bill. I am deeply ashamed that we are doing this today.

There is a pretence in the proposal for the Bill that somehow the British Government were not an actor at all in the conflict in Northern Ireland. That is patently untrue. They say that local political parties in Northern Ireland are just squabbling, cannot come up with any answers or deal with the problem. That is patently untrue. We came up with the answer, which was Stormont House. The reason it was not delivered is that the British Government dragged their feet and changed their policy after “New Decade, New Approach”. That is a fact.

I really hope that the Irish Government listen to the calls by some of us to take this UK Government to the European Court of Human Rights in Strasbourg, because the Bill is an affront to human rights and article 2. Every single expert I have spoken to agrees with me on that, and every single victim agrees with me on that as well.

The Secretary of State used the phrase “effective information recovery process” a lot of times. “Effective information recovery process”? I can take him to families today whose children—14 and 15 years old— were shot in the troubles and their cases have been closed by this Government until 2064 and 2065. Those people tell us they want an “effective information recovery process”, but the Government are denying victims “effective information recovery”, so that tells me that the Bill is based on a lie. It is an attempt by this Government and dark forces within the security apparatus of this Government to close down access to truth and justice.

We all understand that justice will be hard to get for many families, but most of those families have not even had any truth. The process of investigation gets them truths. I can take Members to loads of families today who never once even met a police officer, even though a loved one was murdered. Does anybody here believe that the IRA are going to come forward and tell us who bombed a particular pub or who shot a particular person? It is utter nonsense.

This is an attempt to close down access to the truth and it is an affront to democracy. Immunity? It is impunity, giving people a licence to murder people on the streets of Derry, Belfast, Newry and across Northern Ireland, and also on the streets of London. I do not understand how any politician can stand and look at the faces of crying victims and tell them that this is the right thing to do. I am ashamed that this is happening today.

Let me say one thing to end: I know these people. They have had to struggle for decade after decade. This will not be the end for them and we will be with them in support, right to the end.

Oral Answers to Questions

Stephen Farry Excerpts

Wednesday 6th September 2023 Commons Chamber

[Mr Baker]

One of our priorities now is the successful implementation of the Windsor framework and that green channel. We will continue to have conversations with colleagues in the Cabinet Office who lead the Windsor framework taskforce. I assure my hon. Friend that we are determined to ensure that that system works as seamlessly for everyone.

[Stephen Farry (North Down) (Alliance)]

Will the Minister confirm that at next week’s investment conference the Government will proactively market Northern Ireland’s dual market access under the Windsor framework?

[Mr Baker]

Yes, I can confirm that. I am absolutely determined that we shall do so. Indeed, next week I shall chair a session on that issue. This is not just about access as of right to the UK market and as a privilege to the EU market; it is also about being under our services regulation, which is an advantage, in combination with access to our free trade agreements, such as the comprehensive and progressive agreement for trans-Pacific partnership. This is a unique opportunity in all of the world, including right across the EU, and I am convinced that he and I, and we all, should make the most of it.

Northern Ireland Budget (No. 2) Bill

Stephen Farry Excerpts

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

[Stephen Farry (North Down) (Alliance)]

At the outset, may I join in paying tribute to the outgoing shadow Secretary of State, the hon. Member for Hove (Peter Kyle), and in welcoming to his new role the right hon. Member for Leeds Central (Hilary Benn)? We are going to miss him on the UK Trade and Business Commission, on which he has had a very keen interest in recent years in Northern Ireland and the fallout on it from Brexit, which has had major ripple effects through our politics—not least, as we can hear this evening, on the subject of this debate.

It is six weeks on from Second Reading and it is fair to say that the situation in our politics has not improved. There is no sign of any return to devolution; indeed, the response from the right hon. Member for East Antrim (Sammy Wilson) to the Minister of State illustrates the lack of realism about the choices that face us collectively in Northern Ireland, and the choices that face Unionism in ensuring that Northern Ireland works for everyone. That is in everyone’s interest, not least the interest of Unionists.

With the public finances, I would argue that the situation is indeed much worse than it was six weeks ago, because the Northern Ireland budget is on an unsustainable trajectory. The budget that was set, as others have said, was not sufficient—it was inadequate—but there is a second layer to this, because the guidance to civil servants in the Northern Ireland (Executive Formation etc) Act 2022 does not allow them to take the decisions necessary to live within the measly budget that has been granted.

As the hon. Member for Belfast East (Gavin Robinson) has said, we already have a situation where it is projected that Northern Ireland will overspend by at least £500 million, which is greater than the overspend from the last financial year. That is more than £500 million of public pay pressures before Northern Ireland can even have parity with the settlements that have taken place elsewhere in the United Kingdom. Something is going to have to give. Either an Executive come in with a financial package and can begin to address some of those pressures, or the Government are essentially going to take it on the chin and accept that Northern Ireland will overspend.

That begs the question of what will happen with that overspend in future years. Will it be an albatross around our neck for years to come? Will people be expected to make cuts, or will the Government make cuts in-year to try to balance the budget? I would suggest that trying to do that in-year is now impossible, not least because so much of our budget is linked to salaries. We would lose people, and even if we did we would have to have redundancy payments for them. The only way anyone could possibly balance the budget at this stage is through stopping services completely, which is utterly inconceivable and untenable.

The point has been made that the budget situation is bad and will always be bad, and that having an Executive does not make any difference in that regard. I am not suggesting for one minute that a restored Executive will be a silver bullet, but I suggest to my colleagues who perhaps are dismissing the relevance of devolution at this point that every single stakeholder, when they are asked to comment on the budget crisis, stands up and says, “We want to see an Executive in place.” Whether we are talking about healthcare professionals or people who work in the education sector, the business community or the voluntary community sector, all of them are saying with one voice, “While it is no magic solution, we do want to see the Executive back in place.”

That reference to a restored Executive leads me on neatly to the point I really want to stress regarding a financial package: we need to see a twin-pronged approach to addressing Northern Ireland’s financial needs. Of course we need to address the lack of financial parity and the fact that Northern Ireland is not funded based on need. There is a structural problem of underfunding there, so things are not more generous in Northern Ireland than elsewhere.

I want to pick up on the comments made by the Secretary of State at the weekend to the British-Irish Association in Oxford. The conference is held under Chatham House rules, but I want to comment on what is in the public domain, as released by the Northern Ireland Office itself. In that speech, the Secretary of State was very negative about the concept of a financial package. He talked about money being thrown at Northern Ireland and Executives having squandered financial packages in the past—and there might be an element of truth to that. He said that the Executive need to stand on their own two feet—and, again, that is a worthy aspiration. But I stress that the notion that Northern Ireland can run a balanced budget, invest in public services and drive the economy from a burning platform will never happen. We will see more cuts flowing from budget cuts, and we will end up with decline and more decline. We will end up in a downward spiral in which Northern Ireland becomes ever more dependent, and we will see activity stop and more and more young people leave. That is not the future that I hear the Government articulating in their vision for a prosperous society in Northern Ireland, but what they are doing in terms of the budget belies their very worthy aspiration.

I ask the Minister of State or the Secretary of State to clarify in winding up that something will potentially be on offer when we seek a financial package. I appreciate that that is something that the Government may wish to do solely in the context of a restored Executive rather than up front, but it is important for any financial package to be based around transformation, a proper strategic plan and a programme for government for a restored Executive. That Executive must have clear targets and milestones, and a very clear idea as to how investment can turn Northern Ireland around. That is something on which a restored Executive can work in partnership.

[Mr Steve Baker]

The hon. Gentleman has just hit the nail on the head: a restored Executive could work in partnership with the Government. But I just emphasise to him that the sum available in this budget is the same as would have been provided were an Executive in place. Just to take further his point about reform and so on, he will know that since 2014, we have put £7 billion into Northern Ireland on top of the block grant. Various commitments to reform have been given in different agreements over the years on various fronts, including education, but it has not happened. I think we are all now getting to a point where we are terribly frustrated on all those fronts. He has hit the nail on the head: we need a restored Executive and then to work in a positive way together to make Northern Ireland function for its people, and that is what we are very willing to do.

[Stephen Farry]

I am very grateful to the Minister of State for his comments. I largely agree with him, but I will point to a certain disagreement on some aspects. I fully recognise that there have been past financial packages and problems with reform not being fully realised, particularly around integrated education, which is a clear example. We have to do better in that respect. From where we are, I do not see any alternative to trying to do that once again and learning the lessons from what happened in the past. I recognise that we have seen additional funding packages from the UK Government—obviously, we had a major uplift in support to deal with covid and its side effects on the economy, and that support was very welcome—but the fact is, as other Members have said, that our expenditure per head is not based on our need, and that fundamental point has to be recognised.

[Gavin Robinson]

I think it is helpful to emphasise at this point that, although the Minister indicated that this budget is exactly what an Executive would have been allocated were they in place, last year it was £322 million less than what an Executive would have needed, this year it is £431 million less than what an Executive would have needed, and the projection for next year is £458 million less. So in saying what he said, has the Minister not confirmed the real problem at the heart of this?

[Stephen Farry]

Indeed. I think we are talking to two separate points in that regard. Yes, the block grant would have been based on the current policy approach from the Government towards the Barnett formula and the assessment of need in Northern Ireland, but what we on these Benches are all saying is that we need to reassess the whole basis of how that is reflected. That is a conversation to be had. I would also take the point a bit further by saying that, if we had had an Executive in place, or indeed if we get an Executive in place shortly, that would be the form by which we could make this case much better to address both the fiscal squeeze and the negotiations on a financial package for Northern Ireland.

To give a human flavour to the scale of the crisis facing our society, I will close with one example of an area of crisis in Northern Ireland: special educational needs. There is a real crisis happening in that regard: the funding available is not meeting the levels of need. As I think all Members appreciate, this is one of the most sensitive areas, and one where Government has a duty to invest in children and ensure that their rights are properly protected. As we meet this evening, that is simply not the case in Northern Ireland. There are multiple failures to provide for children; the academic year has now started, but scores of young people still have not been allocated suitable special educational needs places. That has a major toll on parents and families—mental health issues and financial and career pressures—and on the children themselves, particularly a lack of opportunity, health and safety issues, a risk of regression and a lack of social inclusion. I appeal to Members, from whatever perspective we look at this—the Government in terms of setting the financial parameters, and also those who are still holding out for an Executive—that we need to get back to addressing those types of issues. That is what the coalface is like, and that is what we should be prioritising.

Police Service of Northern Ireland: Security and Data Protection Breach

Stephen Farry Excerpts

Monday 4th September 2023 Commons Chamber

[Chris Heaton-Harris]

I personally agree entirely with the first part of what the hon. Lady has said. Policing should be much more normalised in Northern Ireland, as, indeed, life should be. However, there is an interesting, rich and troubled history in Northern Ireland that has led us to where we are now. What the Chief Constable did in introducing community policing means that the hon. Lady will be able to walk around all sorts of places and have the sense of a much more normal policing experience.

I have had conversations with my Irish counterparts, although this is very much an issue that rests with the UK Government, but everyone is interested in how freedom of information requests are now dealt with.

[Stephen Farry (North Down) (Alliance)]

I, too, thank Simon Byrne for his service, and join others in recognising that in the current circumstances he made the right decision in resigning, given that his position was no longer tenable. On the issue of the data breach, can the Secretary of State assure the House that money will be no obstacle in the short run when it comes to the relocation of any officer? There will be people, particularly those from a Catholic nationalist background who are operating in intelligence and highly sensitive security roles, who are particularly exposed, alongside everyone else who is at risk. Can the Secretary of State assure us that there will be no barriers to ensuring their safety, which is paramount?

[Chris Heaton-Harris]

I must be careful about how I answer that question, because it relates very much to security matters, but I think I can say that the hon. Gentleman is correct in assuming what he assumes.