Northern Ireland Protocol Bill

William Cash Excerpts

Committee stage
Wednesday 20th July 2022 Commons Chamber

[Stephen Doughty]

As if we needed any more evidence that this zombie Government are even now doing everything they can to avoid proper scrutiny, here we are as they push this Bill through its Third Reading with less than 24 hours’ notice—[Interruption.] We had 24 hours’ notice of Third Reading, despite what the Secretary of State is chuntering. If only Conservative Members had had the courage to remove the Prime Minister sooner, Northern Ireland and Britain’s international standing could have been spared the fallout that will be inevitable from this legislation. Just now we have heard that there are two candidates vying to take his position who are just as tied up in this mess and in whom trust has fallen to at an all-time low.

This week, Labour Members—indeed, hon. Members on both sides of the House—have tabled amendments to improve the Bill by ensuring that it would comply with our international legal obligations, to prevent a brazen ministerial power grab not just from this House but from the people on Northern Ireland, and to ensure that the changes to the protocol would have the consent of all the communities of Northern Ireland. Conservative Members have voted each one of them down, but not without knowing the facts. They know what this Bill is and what it means—but don’t take my word for it. Take it from the right hon. Member for Hereford and South Herefordshire (Jesse Norman), who called the Bill “unamendably bad”, or from the former Attorney General—

[Sir William Cash (Stone) (Con)]

Will the hon. Gentleman give way?

[Stephen Doughty]

I will not give way. The hon. Gentleman has not been here throughout the course of the debates on the Bill today.

The former Attorney General, the right hon. and learned Member for Torridge and West Devon (Sir Geoffrey Cox), admitted:

“I do not believe that this legislation will produce a permanent solution”.—[Official Report, 13 July 2022; Vol. 718, c. 399.]

Even the former Prime Minister, the right hon. Member for Maidenhead (Mrs May), said that the Bill failed on all three counts of upholding international law, achieving its aims and maintaining our global standing. From these assessments and countless others, it is clear that the Bill does not address the challenges of the protocol.

Only to this outgoing Prime Minister, his zombie team of Ministers and those who have not yet had the courage to disown him completely is the Bill worth defending. Regrettably, it could be said to represent the state of certain parts of the Conservative party today. We can say that because it proposes a complete abdication of responsibility from resolving challenges that the Government themselves have created. We must remember that it was this Prime Minister who negotiated the protocol and ran an election campaign on it, and now it is the Foreign Secretary who, in vying for his job, seeks to advance her own political fortunes by unravelling it. We are truly through the looking glass. Time and again we have seen senior members of the Government attempt to make political gains from what is a very serious and fragile situation. To them, damaging our reputation on the world stage is a second thought and risking trade barriers during a cost of living crisis is a price worth paying—never mind the issues that this Bill could cause for the people of Northern Ireland.

When it comes to the protocol, Labour would not act like this. As the party that negotiated the Belfast/Good Friday agreement, we would do what we have always done: get around the table and negotiate in good faith. We would find workable, practical and sustainable solutions such as a veterinary agreement and a data sharing deal that would eliminate the need for the vast majority of checks. We would negotiate with the EU to seek more flexibility on VAT and use that to take VAT off energy bills to help with the cost of living crisis. We would not breach our international obligations or derail our relationship with European partners while gifting Ministers powers without proper scrutiny, as this outgoing Government seem ready to do.

Before Members are tempted to go there, this is not about trying to relitigate Brexit. We want to see it work, which means leadership and negotiation to defend the UK’s interest, to safeguard peace and stability in Northern Ireland and, crucially, to ensure that our word continues to mean something internationally. Trustworthiness and a commitment to the international rule of law are British values, yet those values are impossible to reconcile with this Bill and the Government’s agenda in forcing it through.

We know the protocol is not perfect, but we have all known that from the very beginning. The Government, however indignant they may be today, knew we would reach this moment. We have listened to the legitimate concerns expressed by colleagues on both sides of the House and from all communities about the functioning of the protocol and its ability to deliver for Northern Ireland and its people. Those legitimate concerns need to be addressed, and the EU needs to show flexibility and understanding in addressing them. We are under no illusion in that regard, but let us be crystal clear that this Bill does nothing whatsoever to remedy that. Labour will be voting against this Bill tonight to uphold the rule of international law and to protect our global reputation.

[Sir William Cash]

It is a great pity that the hon. Member for Cardiff South and Penarth (Stephen Doughty) says I have not participated. I did not participate this afternoon, as the House can well understand, but what difference does it make? I spoke in Committee on previous days, and I spoke on Second Reading. We only have this Bill because of the work done by a number of people to ensure it got its Second Reading. I will leave it at that for the moment.

The hon. Gentleman, in his arguments on international law, and my right hon. Friend the Member for Maidenhead (Mrs May) and the other people whose assertions he quoted, are talking through their hats. The reason I say that is terribly simple: for those who have any knowledge of these matters—[Interruption.] Yes, I mean that. For those who understand these matters, this Bill is the only way to address the democratic deficit created by the protocol.

I am the Chairman of the European Scrutiny Committee, and we receive a tsunami of legislation every single week that comes into Northern Ireland as a matter of EU law and binds voters and businesses, whom the hon. Member for Cardiff South and Penarth claims to be trying to protect, without their having any involvement or influence. They have no protection from Westminster, and this Bill is so important because it gives back to the people of Northern Ireland and the United Kingdom, through a sovereign Act of the United Kingdom, the right to ensure that the people of Northern Ireland are listened to and protected.

This democratic deficit—[Interruption.] I see that some Opposition Members obviously know nothing about this Bill and its content, or any of the principles of international law that quite clearly—[Interruption.] The hon. Member for Cardiff South and Penarth is shouting at me across the Chamber, but it makes absolutely no difference whatsoever. He does not know what he is talking about, and some people who have studied this do.

The words on state necessity are “grave and imminent peril”. Nothing could be more perilous to the people of Northern Ireland than to be legislated for in absentia by an unelected Commission making proposals that are agreed in the Council of Ministers, behind closed doors, without so much as a transcript and by a majority of other countries.

Northern Ireland belongs to the United Kingdom, and it belongs to the democratic decision making of its people, just as constituencies such as mine do. I do not have to enlarge upon this but to say that the Bill is essential to protecting Northern Ireland and its constitutional integrity, irrespective of the rantings of those who claim it is a breach of international law when, actually, state necessity does provide an answer and a remedy to the democratic deficit that the hon. Gentleman does not seem to understand and clearly does not care about.

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[Colum Eastwood (Foyle) (SDLP)]

I promise to be brief, because we have heard a lot over the last number of days and we have heard a lot repeated as well. The Bill clearly and blatantly breaks international law. It breaks an agreement that the Government made with the European Union and that was trumpeted to the electorate as a fantastic deal. I think the Bill will end up going the same way as the Prime Minister.

[Sir William Cash]

Will the hon. Gentleman give way?

[Colum Eastwood]

No, I will not.

[Sir William Cash]

Will the hon. Gentleman be good enough to give way?

[Colum Eastwood]

I will not. Sit down!

This Bill is a sop to the DUP and a campaigning tool for the Foreign Secretary in the Conservative party leadership election. If it is driven through, the only likely outcome is a trade dispute with the European Union. Well, good luck to the next Prime Minister if they want to go into the general election with prices going even higher than they already are.

I have heard a lot from some interesting people about the Good Friday agreement. I have always supported the Good Friday agreement, and I am delighted that so many people support it now. However, there is a nonsense at the heart of the argument that the Good Friday agreement is based on consensus. It is not; that is not possible. I sat in the Northern Ireland Assembly for almost nine years, and there was very little consensus in that place. Things got gone and things got voted on, but majorities made decisions.

The reality for all those people who say they care about the people of Northern Ireland is that the people of Northern Ireland do not want this Bill. Their elected representatives do not want this Bill. The representatives of the business groups we have been told so much about do not want this Bill. Anybody with any sense knows that this is a blatant breaking of international law.

We have also heard an awful lot about the Union. I think that some people in this place, who have talked a lot about the Union but have acted in a certain way around this Brexit farce since 2016, will come to regret it. There will be statues erected in the new Ireland to Boris Johnson and some of the Members of the DUP, because that is the road that they have taken us down. I fully respect—by the way—the principle of consent, and it was my predecessor who made sure that it was in the Good Friday agreement. The constitutional position of Northern Ireland, whatever anybody says and however much I want to change it, cannot be changed until the people of Northern Ireland and the people of the Republic of Ireland vote to change it. To say anything else is just not true.

I wish to end my remarks with an ask of the DUP. We have been told over the past number of months that the Northern Ireland Assembly cannot meet unless this piece of legislation goes through. Well, this piece of legislation is just about to go through the House of Commons. Will the DUP now take the opportunity to go back into Stormont to live up to their responsibilities as democratically elected leaders in Northern Ireland and do the job that people are crying out for them to do? If they do not do so, the SDLP will put a recall motion into the Northern Ireland Assembly tonight, asking them to come back in to nominate a Speaker and to nominate a Deputy First Minister, who I hope will be the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson).

Despite all the talk about the Good Friday agreement, we have to get back to working together, to working the common ground, to dealing with the issues in our health service, in our economy and in all those issues that people say they care about. We will not be able to do that if we stay out of Government for months upon months upon months, because that is how long it will take for this Bill to get Royal Assent. That is my appeal to the DUP.

I make this appeal to the Government: there is no option to unilaterally rip up an agreement. The only way that we can do these sensitive, difficult things is to sit down with our partners and negotiate. I met Lord Frost many, many times when he was in that position. I did not get the sense that he was a man determined to find accommodation and compromise. Whatever things may look like in September, I appeal to the Government to sit down with the European Union and stop using Northern Ireland as a political football.

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[Carla Lockhart]

I agree wholeheartedly with the hon. Member. We welcome those comments, but we hope and trust that the incoming Prime Minister will not be bullied by the EU, but will bring Northern Ireland with them, restore its place in the UK’s internal market and allow it to trade on the same terms as the rest of the United Kingdom.

[Sir William Cash]

A number of assertions have been made during the course of this debate about the breaking of the international rule of law and the rest of it. Has the hon. Lady heard of the House of Commons Library paper that clearly indicates that de Valera himself broke the Anglo-Irish treaty in 1938? Not only that, but A. J. P. Taylor, in his extremely erudite book, also says that the treaty was ripped up by de Valera in 1938.

[Carla Lockhart]

I thank the hon. Member for that wonderful point. I genuinely thank every hon. Member who has put their trust in this Bill and supported it; the hon. Member for Aberconwy (Robin Millar) has been a real friend to Northern Ireland. We will be supporting the Bill tonight.

Question put, That the Bill be now read the Third time.