Northern Ireland Protocol Bill

Stephen Kinnock Excerpts

2nd reading
Monday 27th June 2022 Commons Chamber

[Stephen Kinnock (Aberavon) (Lab)]

It is a pleasure to follow the hon. Member for North Antrim (Ian Paisley).

As a patriot, I find that many things make me proud to be British, but perhaps what makes me proudest of all is that so many people and so many Governments across the world see Britain as a law-abiding country that plays by the rules; as a country that is a consistent, reliable and trustworthy international partner; as a country that treats its allies with respect and always defends the rules-based international order; as a country that acts in good faith and has a sense of fair play hardwired into its DNA; and as a country that is capable of tremendous feats of statecraft such as the Good Friday agreement—one of the proudest achievements of any Labour Government. Yet here we are this evening, debating a Bill that takes a unilateral wrecking ball to an international treaty that the Prime Minister himself signed and described as “an excellent deal” just 30 months ago.

Let us be clear: this Bill fundamentally undermines our reputation as a nation that upholds the rule of law. This really matters, because geography is destiny. Whether the Conservative party likes it or not, what happens on the European continent is of pivotal importance to Britain’s security and prosperity. When Europe thrives, we thrive; when Europe slumps, we slump; and when Europe fights, we fight.

[Matt Rodda (Reading East) (Lab)]

My hon. Friend is making an excellent speech, and, obviously, speaks on the basis of great experience internationally. I presume that he is about to refer to the events in Ukraine. Does he agree that not only is the Ukraine war a very pressing issue on which we need to co-operate fully, but there are many other international crises with which we are currently dealing as a country—including the climate emergency—and that it is therefore vital for us to work in partnership with our colleagues?

[Stephen Kinnock]

My hon. Friend makes an excellent point. He understands that foreign policy begins at home, and that if you do not have your own house in order, your ability to project influence, to build alliances and to speak with moral authority is fundamentally undermined.

From trade to diplomacy, from defeating Putin’s barbarism to tackling the climate emergency, and from scientific co-operation to responding to the rise of an increasingly authoritarian China, our democratic partners and allies across the channel should always be at the heart of our foreign policy. However, instead of recognising that basic reality, Ministers are stuck in what my right hon. Friend the Member for Tottenham (Mr Lammy), the shadow Foreign Secretary, has called

“a fever dream of 2016”.

Rather than seeking constructive solutions, they pick fights with our closest neighbours and introduce this deeply destructive Bill, which is a clear breach of international law, and which is designed solely to inflame tensions and chase Daily Mail headlines.

With inflation soaring, with the country facing a cost of living crisis, with war on the European continent, this is the worst possible time for the Bill to arrive; so why are the Government doing it? Who in their right mind would seek to sow division when, now more than ever, we need to be standing shoulder to shoulder with our European friends and partners? The explanation is clear. The Prime Minister has made a calculation, and, as usual, his calculation has nothing to do with the national interest and everything to do with saving his own skin. The Prime Minister knows that it is the European Research Group and its fellow travellers who are calling the shots, and he knows that he must have their support if he is to continue to squat in Downing Street. Just like his two predecessors, he has found that his fate now lies in the hands of the ERG, and just like his two predecessors, he seems foolishly to believe that he can appease the members of the ERG by throwing them some red meat from time to time.

It really is extraordinary that Conservative Prime Minister after Conservative Prime Minister has failed to learn a simple lesson of 21st-century British politics, which is that you can never satisfy the members of the ERG. No matter how much red meat you throw to them, their hunger will never be sated: they will always come back for more. Right now they are once again at the height of their powers, because the outcome of the no confidence vote has maximised their leverage and given them a Prime Minister who, when they order him to jump, responds by asking, “How high?” Not only that; it has given them a Foreign Secretary whose leadership ambitions depend on their support.

So the planets have aligned for the ERG—but for our country, not so much. Out there in the real world, the impacts of the Prime Minister’s botched Brexit deal are being felt by working families and businesses across the country. Our exporters are suffocating under mountains of red tape, import frictions are driving inflation up, and next year we are forecast to have the lowest growth of any country in the G20, apart from Russia. The fact is that the Conservatives are unable to point to a single net economic benefit of the disastrously bad deal that they negotiated—not one.

Indeed, when the Minister for Brexit Opportunities and Government Efficiency was asked to name a single benefit of the Prime Minister’s botched deal, the only thing he could come up with was the fact that the road signs in the Dartford tunnel could be changed from metres to yards. You could not make it up, Madam Deputy Speaker. It is almost as absurd as the apparent legal basis for this Bill, which we are told is the doctrine of necessity, which requires “grave and imminent peril”. But if the peril is so imminent, why have the Government chosen a route that will involve months of passage through Parliament? We know the answer to that question too, because the only thing that is in grave and imminent peril is the Prime Minister’s job.

The fact that the Prime Minister’s botched Brexit deal is so clearly failing to deliver any of the economic benefits that were promised is bad news not only for the jobs and livelihoods of the British people but for our relations with the European Union and our international reputation more broadly. The more obvious it becomes that the deal is fundamentally flawed and failing, the more the Prime Minister and others who heralded it as a triumph when they signed it will start looking for scapegoats, pointing fingers and lashing out. They will blame the EU. They will blame those who voted remain. They will blame the civil service and they will blame the judges. In short, they will create a smokescreen of sob stories and grievances, which they hope will obscure their own profound incompetence. They will use the passage of this Bill and other ruses such as the Bill of Rights and the Rwanda plan to whinge and rant about the saboteurs and the conspirators, because they will always try to play the victim card. They will never stand up and take responsibility, and there is nothing patriotic about that.

To sum up, the purpose of this Bill is not constructive; it is deliberately destructive. It is not seeking to solve a problem; it is seeking to fuel grievance and shirk responsibility. It is not diplomacy or statecraft; it is a piece of reputation-trashing vandalism, and this House should treat it with the contempt that it deserves.

--- Later in debate ---

[Brandon Lewis]

We have delivered unfettered access from Northern Ireland to Great Britain. I appreciate that hon. Lady is talking about where we do have real challenges, with goods moving from Great Britain to Northern Ireland. There were flexibilities and vagueness, and some areas of the protocol, in terms of implementation, were not resolved. That was why we had the grace periods, why we had to extend the grace periods and why we now have the standstill. That is exactly why the EU’s offer, which it pretends provides flexibility, is a backwards step from where we are today; and it is why nobody in this House should accept it unless they are determined to do damage to Northern Ireland.

This legislation will fix the practical problems that the protocol has created in Northern Ireland. It will enable us to avoid a hard border, protect the integrity of the United Kingdom and safeguard the EU single market. The right hon. Member for Tottenham (Mr Lammy) spoke at some length—more than half an hour—in his opening remarks, and yet in the totality of those remarks we heard no plan, no proposal and no alternative from the Labour party, just words. The same goes for the hon. Member for Hove.

There were two interesting points, however. The right hon. Member for Tottenham raised Magna Carta to show the importance of treaties. He is right that Magna Carta is an important piece of our history, but he may want to recall that there were 63 clauses in it, and treaties evolve; that is why only four of them remain in place today. He also outlined, and I quote:

“In our discussions, the DUP had consistently said that it wanted a negotiated settlement”.

I gently say to him that that seemed to be a surprise to all the DUP Members, so he learned something else—[Interruption.] He talks from a sedentary position, but he might want to check Hansard.

As I say, what we have heard is an outline of noise without any real proposals or any alternative. Many hon. Members, however, have raised important points around the question of legality, particularly my right hon. Friend the Member for Maidenhead (Mrs May) and my hon. Friends the Members for Bromley and Chislehurst (Sir Robert Neill) and for North Dorset (Simon Hoare). I can assure the House that this Bill is not just necessary, but lawful. Proceeding with this Bill is legal in international law and in support of our prior obligations to the Belfast/Good Friday agreement. The protocol is undermining all three strands of the Belfast/Good Friday agreement, as the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) well outlined, and the institutions that underpin it. It is the Government’s assessment that this Bill is currently the only way to provide the means to alleviate the socio-political conditions while continuing to support the protocol’s overall objectives of including and supporting north-south trade and co-operation, in the interests of both the EU and the UK, by ensuring that we protect its single market while protecting the UK’s internal market. These are all aspects of the Belfast/Good Friday agreement.

We recognise that necessity can only exceptionally be invoked in lawfully justified non-performance of international obligations, as was covered very eloquently by my right hon. and learned Friend the Member for South Swindon. This is a genuinely exceptional situation. It is only in the challenging, complex and unique circumstances in Northern Ireland that the Government have decided to bring forth this Bill. It has always been this Government’s position that should the operation of the protocol or withdrawal agreement be deemed to undermine the Belfast/Good Friday agreement, this would take precedence as the prior commitment under international law. That was outlined back in March 2019 by the then Attorney General and the then Secretary of State for the Department for Exiting the European Union. That was not just the understanding of the UK Government; it was the basis on which the protocol was agreed by both parties. The text of the protocol itself is clear that the Belfast/Good Friday agreement should be protected in all its parts. We should all take note of the important and powerful words of Lord Trimble, an architect of the Good Friday agreement.

Many colleagues have raised article 16. We have always reserved the right to take safeguarding measures under article 16 and have made the case that since the summer of last year, the threshold had been met. This Bill is the most effective, efficient and sustainable way to address the far-reaching problems that have arisen as a result of the application of the protocol. Article 16 in itself does not solve the problems in the way this Bill will. It is not only temporary but starts another process.

Hon. Members such as my right hon. and learned Friend the Member for South Swindon and my hon. Friend the Member for Stone (Sir William Cash) talked about the Northern Ireland Executive and Assembly. We have been clear with all parties in Northern Ireland that we do need to see, and I want to see, the Executive back up and running to deliver for the people of Northern Ireland. That has to be a priority for all of us. We want to see that Assembly and Executive as soon as possible. The people of Northern Ireland deserve a stable and accountable devolved Government who deliver on the issues that matter most to them. It is clear from comments today that this Bill is a key component that will see the Northern Ireland Executive and Assembly return, as we heard from the right hon. Members for East Antrim (Sammy Wilson) and for Lagan Valley. I think we can all welcome those comments. This Bill builds on that work. That is what I have heard in the conversations I have had in meeting all party leaders who want to see Stormont return.

The New Decade, New Approach agreement restored the devolved institutions after a three-year impasse, and we all need to work together to uphold the stability that it provided. We as a Government have a strong record in making sure that the institutions are up and running after too many years of hiatus. The New Decade, New Approach agreement, as set out in legislation, provides for a period of up to 24 weeks for Northern Ireland’s political representatives to restore functioning devolved institutions. I expect the parties to make full use of this time to engage with one another in earnest to restore fully functioning devolved institutions and to develop a programme of government that I have written to all the party leaders to encourage work on.

We do have a role on the international stage. The UK has shown what it stands for in the world, not just with rhetoric but with actions, through our extensive support of Ukraine, our unprecedented offer to those fleeing political instability in Hong Kong, and our leadership of international institutions that is demonstrated again this week at the G7 and NATO summits. We have led the way on climate change, as in so many other areas. That is why it is important, and we are focused on ensuring, that we are acting within the bounds of international law. Indeed, we have repeatedly emphasised that it is only the rare, exceptional circumstances in Northern Ireland that make this intervention necessary.

[Stephen Kinnock]

In a tweet that the Secretary of State issued on 1 January 2021, he said:

“There is no ‘Irish Sea Border’. As we have seen today, the…preparations the Govt and businesses have taken to prepare for the end of the Transition Period are keeping goods flowing freely around the country, including between GB and NI.”

Can he explain how that tweet is compatible with this Bill?

[Brandon Lewis]

Absolutely, and I appreciate the opportunity that the hon. Gentleman gives me to talk about what I said back in January. This highlights exactly the behaviour we expected from the European Union around inflexibility in implementing the protocol. What we have seen since has reinforced that point, and that lack of flexibility and lack of understanding of the nuances of Northern Ireland have led us where we are today. [Interruption.] I gently say to him, while he chunters from a sedentary position, that if he looks at the decisions we took last year to ensure that goods could continue to flow to Northern Ireland, he will see that we took them under criticism from the EU, but they have been vital to ensuring stability in Northern Ireland and access to at least those products that are flown overseas, as international partners have recognised.

The EU has recognised that there are problems with the Northern Ireland protocol; it is just not willing to show the flexibility that is needed to resolve those issues. We are clear that we will ensure that we protect the EU single market, a tiny proportion of which could be deemed to be at theoretical risk. That is why it is important that we get the balance right.

Northern Ireland Protocol Bill

Stephen Kinnock Excerpts

Committee stage
Wednesday 20th July 2022 Commons Chamber

[Stephen Doughty]

It is a pleasure to serve with you in the Chair today, Dame Eleanor, as we enter the third day of Committee on the Bill. As we do so, it is evident that instead of working to fix the genuine challenges that the protocol poses, the Government continue to push forward with a Bill that disregards the UK’s international legal obligations and threatens to throw Britain’s global reputation into disrepute, and which also—we shall discuss this today—gives them sweeping powers without restriction. Tearing up binding agreements, threatening to break international law and walking away from the table are not the composites of a good negotiating strategy; they are the hallmarks of a zombie Government, out of steam—a Government who have constantly put their own party squabbles and obsessions before the interests of the people of the UK, and indeed the people of Northern Ireland.

Tragically, they also risk dividing the UK and the European Union when we should be standing shoulder to shoulder in opposing Putin’s barbaric war in Ukraine, and in finding ways to make Brexit work in a spirit of trust and co-operation. This is not how a responsible Government should behave, and many Members across the House know that. What we need is cool heads, statesmanlike behaviour and a search for long-term solutions.

On the Opposition Benches, we feel that the Bill is counterproductive, but that solutions are there if the Government are prepared to seek them. That requires compromise, hard work, and flexibility on all sides, including of course the EU, not knee-jerk reactions. I have listened to the very many genuine concerns that have been voiced about the functioning of the protocol. I have the pleasure of being a member of the British-Irish Parliamentary Assembly in addition to my shadow Front Bench role. I have listened to businesses. I have been in Dublin and Belfast. I have listened to people on all sides and have heard genuine concerns, including from those in the Unionist community.

For months, Labour has called on the Government to do the responsible thing—get back around the table to do what we have always done, and what any Government worth its salt would do, which is to negotiate, in the interests of finding workable, practical and technocratic solutions that command the consent and support of all communities in Northern Ireland, and have the means to bring back power sharing in a meaningful and lasting way. In that spirit, we have offered amendments to the Bill today in good faith, to begin to correct the issues that are manifest across this legislation—starting today with the Henry VIII clauses that we have heard about, and which the amendment that we have tabled in this group address.

As the shadow Foreign Secretary, my right hon. Friend the Member for Tottenham (Mr Lammy), set out during Second Reading, 15 of the 26 clauses included in the Bill confer powers directly on UK Ministers. Those include the power to use secondary legislation to amend or modify Acts of Parliament—Acts that have been subject to the full scrutiny of this House. As the Bingham Centre for the Rule of Law sets out, the Henry VIII powers given to Ministers in the Bill

“are numerous, extensive and subject to very low hurdles before those powers may be exercised.”

Indeed, Professor Catherine Barnard of Cambridge University has called these powers “eye wateringly broad”. The Hansard Society, deeply respected on both sides of the House, describes them as “breath-taking”. And we should not just take their word for it. The Chair of the Justice Select Committee, the hon. Member for Bromley and Chislehurst (Sir Robert Neill), last week put it perfectly when he said,

“there are Henry VIII powers and Henry VIII powers; and this is Henry VIII, the six wives, Cardinal Wolsey and Thomas Cromwell all thrown in together.”

He went on to describe the Henry VIII powers as

“almost Shakespearean or Wagnerian in their scope and breadth.”—[Official Report, 13 July 2022; Vol. 718, c. 370.]

Awarding Ministers these enormous powers is not a strategy, and the people of Northern Ireland will see it for what it is—a blatant power grab.

The hon. Member for Bromley and Chislehurst identified one of the key problems with these powers when he explained that the test that Ministers must meet before using these powers is “extraordinarily low”. I agree. As the Bill currently stands, in many cases Ministers may use these powers merely if they consider it “appropriate” to do so. That is simply not good enough. Not only is that a woefully low threshold, but it lacks any kind of objectivity. We cannot have a situation where Ministers can make sweeping changes that are not necessarily in the interests of all communities of Northern Ireland, and without proper scrutiny and process; and those of us on the Opposition Benches are extremely concerned about what Ministers may deem appropriate in the future.

[Stephen Kinnock (Aberavon) (Lab)]

My hon. Friend is making an excellent speech. I have just one point to add. Does he agree that there is a certain irony in the fact that probably large numbers of the 52% who voted for Brexit voted to strengthen, solidify and consolidate parliamentary sovereignty, but these Henry VIII powers are strengthening the hand of Government and weakening the hand of Parliament? Does not that seem to run directly counter to what many people who voted for Brexit were voting for?

[Stephen Doughty]

I completely agree with my hon. Friend. Indeed the Bill not only takes powers away from this place, but takes on powers without the consent of the Northern Ireland Assembly.