Omagh Bombing Inquiry

Chris Heaton-Harris Excerpts

Monday 12th June 2023 Written Statements

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

On 2 February, I announced that I would establish an independent statutory inquiry into the preventability of the Omagh bombing, the Real IRA-perpetrated atrocity in August 1998 which killed 29 people and two unborn children, and injured 220 others. The responsibility for this appalling crime lies with the murderers and those that assisted them. It is important that all lessons are learned and that confidence in this is given to the families of those affected.

The inquiry will be established under the Inquiries Act 2005, with full powers, including the power to compel the production of documents and to summon witnesses to give evidence on oath.

Since that announcement in February, my Department has been steadily progressing the establishment of the inquiry, with a key priority being to identify a suitable chair.

After careful consideration, I am today announcing the appointment of Lord Alan Turnbull as chair of the Omagh Bombing Inquiry. Lord Turnbull has had a distinguished judicial career in Scotland. He was the lead prosecutor in the Lockerbie bombing case in 1998, and in 2006 was appointed a senator of the College of Justice, and a judge of the Court of Session and High Court of Justiciary—the Supreme Courts of Scotland.

Lord Turnbull’s appointment to the role of chair of the Omagh Bombing Inquiry follows a recommendation made by the Lord Chief Justice of England and Wales, in conjunction with his counterparts across the rest of the UK. Lord Turnbull’s long-standing judicial career and his previous experience of working on terrorism cases will provide the highest levels of knowledge and professionalism. I have no doubt that Lord Turnbull will bring to the inquiry the required rigour, independence and impartiality, and I am grateful to him for accepting this important job.

I will now work with Lord Turnbull to agree the terms of reference for the inquiry. I will update the House further once the terms of reference have been agreed.

[HCWS844]

Northern Ireland Update

Chris Heaton-Harris Excerpts

Tuesday 6th June 2023 Written Statements

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

Section 9 of the Northern Ireland (Executive Formation) Act 2019 (“the NIEF Act”) places me under a legal duty to ensure that the recommendations in paragraphs 85 and 86 of the 2018 report of the Committee on the Elimination of Discrimination Against Women (“the CEDAW report”) are implemented in full.

I have today laid regulations in Parliament to implement the CEDAW recommendation to

“make age-appropriate, comprehensive and scientifically accurate education on sexual and reproductive health and rights, a compulsory component of curriculum for adolescents, covering prevention of early pregnancy and access to abortion in Northern Ireland, and monitor its implementation”.

The regulations will mirror the approach taken in England with regard to education about the prevention of early pregnancy and access to abortion. This is provided for in regulation 2(2).

It has always been my preference that, as a devolved matter, the Department of Education in Northern Ireland updates the curriculum. However, nearly four years have passed since the NIEF Act, and adolescents in Northern Ireland are still not receiving comprehensive and scientifically accurate education on sexual and reproductive health and rights.

Today, I am therefore laying regulations that:

Amend the Education (Northern Ireland) Order 2006, and the Education (Curriculum Minimum Content) Order (Northern Ireland) 2007 for adolescents, to make age-appropriate, comprehensive and scientifically accurate education on sexual and reproductive health and rights, covering prevention of early pregnancy and access to abortion, a compulsory component of curriculum for adolescents.

Place a duty on the Department of Education to issue guidance, by 1 January 2024, on the content and delivery of the education required to be provided.

Place a duty on the board of governors and principal of every grant-aided school to have regard to this guidance.

Place a duty on the Department of Education to publish a report by 1 September 2026 on the implementation of education on sexual and reproductive health and rights in grant-aided schools, and lay the report before the Assembly.

I recognise the sensitivity of this topic and that some parents may wish to teach their child about sex education themselves, or make alternative arrangements for sex education to be provided in line with their religious or other beliefs. In recognition of this, the regulations also place a duty on the Department of Education to introduce a mechanism to ensure that a pupil may be withdrawn from education on sexual and reproductive health and rights, or elements of that education, at the request of a parent. This follows the approach taken in England and Scotland.

Consultation with parents on relationship and sexuality education is already common practice in Northern Ireland and we expect the Department of Education to ensure schools afford parents the opportunity to review relevant materials.

I wish to be clear that educating adolescents on issues such as contraception, and access to abortion in Northern Ireland, should be done in a factual way that does not advocate, or oppose, a particular view on the moral and ethical considerations of abortion or contraception.

While the changes to the curriculum will come into effect from 1 July 2023, there will be a period of implementation and a need for meaningful engagement with teachers, parents and young people. To allow for this, the regulations place a duty on the Department of Education to issue guidance on the content and delivery of the required education by 1 January 2024.

[HCWS824]

Independent Reviewer of National Security Arrangements: 2022 Report

Chris Heaton-Harris Excerpts

Thursday 18th May 2023 Written Statements

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

The role of the independent reviewer of national security arrangements in Northern Ireland is to monitor compliance with annex E of the St Andrews agreement 2006, reviewing the relationship between MI5 and PSNI in handling national security matters.

Professor Marie Breen Smyth, the independent reviewer of national security arrangements in Northern Ireland, has sent me her report for 2022. What follows is a summary of the main findings of the report covering the period from 1 January 2022 to 31 December 2022. Professor Breen Smyth states:

“My contact with MI5 and the PSNI was largely conducted in person. I was given a clear insight of both the current direction, the prevailing budgetary conditions and the interaction between both organisations. The policy of wider collaboration and further community initiatives has continued.

During the COVID-19 pandemic, due to the restrictions introduced by the UK government, the level of activity amongst terrorist and paramilitary groups abated somewhat. With the ending of restrictions and a return to previous levels of mobility and freedom of movement, that suppressive effect has ended and these groups have returned to their previous levels of operational activity.

Although the threat assessment for Northern Ireland was lowered in 2022 from Severe to Substantial, in their Fifth Report the Independent Reporting Commission pointed out that paramilitarism remains a clear and present danger. The threat from Dissident Republican (DR) groups remains a concern for law enforcement.

The two main loyalist groups, the Ulster Defence Association (UDA) and the Ulster Volunteer Force (UVF) continue to operate, and sections of both groups, largely in the Belfast area, are involved in intimidation, criminality and violence.

The PSNI reported that work continued on broader communication and improving protocols between PSNI and MI5 in order to increase cooperation in releasing information whilst maintaining security protocols. Dialogue between the Human Rights Advisor to the Policing Board and MI5 has established a relationship of mutual understanding. Regular meetings and exchanges at a high level between PSNI and MI5 are noticeable and commendable.”

“My conclusions in relation to Annex E of the St Andrews agreement are as follows.”

To reinforce this comprehensive set of safeguards, the UK Government confirm that they accept and will ensure that effect is given to the five key principles, which the chief constable has identified as crucial to the effective operation of the arrangement:

a: All Security Service intelligence relating to terrorism in Northern Ireland will be visible to the PSNI

I am informed that the PSNI continues to have sight of all security service intelligence relating to NIRT. There is compliance.

b: PSNI will be informed of all Security Service counter terrorist activities relating to Northern Ireland

There are a number of processes in place to ensure that the PSNI is fully informed. There is compliance.

c: Security Service intelligence will be disseminated within PSNI according to the current PSNI dissemination policy, and using police procedures

This continues to be organisational practice. There is compliance.

d: The great majority of national security CHIS in Northern Ireland will continue to be run by PSNI officers under existing handling protocols

The PSNI and security service continue to work jointly on cases and arrangements for this continue to be jointly negotiated and agreed. There is compliance.

e: There will be no diminution of the PSNI’s responsibility to comply with the Human Rights Act or the Policing

PSNI continues to operate within the National Security arena in strict compliance with ECHR. There is compliance.

[HCWS783]

Independent Commission for Reconciliation and Information Recovery: Implementation

Chris Heaton-Harris Excerpts

Thursday 11th May 2023 Written Statements

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

The Northern Ireland Troubles (Legacy and Reconciliation) Bill represents the Government’s pledge to address the extremely complex and sensitive legacy of Northern Ireland’s past. The Bill aims to deliver better outcomes for those most affected by the troubles, while at the same time putting in place mechanisms to encourage and promote reconciliation. In seeking to achieve this critical objective, the Bill establishes a new body, the Independent Commission for Reconciliation and Information Recovery (the ICRIR).

The Government believe that the success of the ICRIR will rely on its ability to operate independently of Government. This is why it is being established as an arm’s length body. It will not report to Ministers, but instead to a board of commissioners, and will be staffed by public servants and seconded police officers who will be accountable to the commissioners.

Last month Lord Caine, Parliamentary Under-Secretary of State for Northern Ireland, provided Parliament with information about the Government’s proposed approach to appointing ICRIR commissioners. This included criteria for each role and the selection processes which would inform the exercise of my power to make ICRIR commissioner appointments. The Government outlined the importance of beginning the process of advertising and identifying candidates for commissioner roles, so they could begin work to design and set up the body as soon as the Bill completes its legislative process.

Following the process set out for the selection of the Chief Commissioner, having received advice from the judiciary, I have identified the right hon. Sir Declan Morgan to be appointed Chief Commissioner of the ICRIR. His appointment will take place following Royal Assent and the establishment of the ICRIR, taking account of any further considerations and final requirements of the Act.

Sir Declan brings a wealth of experience from his previous role as Lord Chief Justice of Northern Ireland from 2009 to 2021. A hallmark of his distinguished career has been his commitment to addressing Northern Ireland’s past. I am confident that he will bring the highest level of experience, expertise and integrity to this post, which will help build public confidence in the ICRIR.

Sir Declan will begin work from early next month to identify other commissioners and to design how the new commission will carry out its role. In particular, the Chief Commissioner will lead the process to recruit the commissioner for investigations and provide a recommended candidate to me. The broadest possible field of experienced candidates is sought to fill this important role. The role is currently advertised and is subject to fair and open competition, with appointment on merit.

In light of the announcement of the Chief Commissioner, the deadline will be extended until 1 June to allow him to lead the appointment process and form a panel.

The Government are committed to delivering the legislative framework to address the legacy of the Northern Ireland troubles and promote reconciliation, and to ensuring that, subject to parliamentary process, it is implemented swiftly, and in the best possible ways, so that it can serve the people of Northern Ireland.

[HCWS767]

Northern Ireland (Interim Arrangements) Bill

Chris Heaton-Harris Excerpts

2nd reading
Wednesday 10th May 2023 Commons Chamber

[Peter Kyle (Hove) (Lab)]

I thank the Minister for setting out the measures in the Bill. We will not oppose it, as it is necessary to allow civil servants to keep running Departments in Northern Ireland in the absence of an Executive. It is also welcome that Northern Ireland Department accounts will be laid before Parliament, to allow some scrutiny in this period.

Of course, what we would all like to see instead of this Bill is the restoration of accountable local government. Six months ago, on Second Reading of the Northern Ireland (Executive Formation etc) Bill, I said—

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

Ah!

[Peter Kyle]

I am repeating what I said because I am not sure that the Secretary of State was paying as much attention as he might have done at the time. I said:

“The longer the Executive are collapsed, the hollower the 25th anniversary of the Belfast/Good Friday agreement…will be. Power sharing is the essential and hard-won outcome of that agreement. It is incumbent on the UK Government and the European Union to engage with the concerns of the Unionist community that led to its withdrawal from the institutions. Equally, any solution that emerges must be acceptable to the nationalist community to allow power sharing to resume.”—[Official Report, 29 November 2022; Vol. 723, c. 827.]

I will happily repeat that again if the Secretary of State missed it this time.

However, something has gone wrong. On paper, we have an agreement between the United Kingdom and the European Union that intends to restore power sharing, yet Stormont is still empty. The 25th anniversary was not hollow, but it is a missed opportunity that Stormont has not returned despite the Windsor framework and all the good will generated by the anniversary itself. Listening to Tony Blair at the Queen’s University conference, it was clear how persistence from a prime ministerial level was crucial to finding a solution in 1998. He described the

“seemingly endless days and nights”

of negotiation. It was a huge commitment for a new Prime Minister to make, and it was also a risk.

Tony Blair’s deep optimism about Northern Ireland’s future, then and today, shone through. He also paid tribute to the extraordinary leadership across Northern Ireland’s communities, saying that

“this agreement only happened because leaders were prepared to put their leadership in peril for the good of their people.”

The current Prime Minister needs to display a similar commitment and similar leadership—to stay the course and keep showing up, even when there are no prime ministerial visits. There is clearly a disconnect between what he believes the framework has achieved and what some members of the Unionist community say that it does. These challenges are not insurmountable, but progress can only be achieved if Westminster remains deeply committed and deeply engaged. We on the Labour Benches supported the framework in the national interest, so we would welcome an update to Parliament on its implementation and what is still needed from either side for its effects to be felt.

Ultimately, it might only be perseverance that builds back some of the trust in the UK Government that people in Northern Ireland have lost. More defined processes would be very helpful, so that we avoid a disconnect between what the Government are trying to achieve and what actually happens. In the Windsor framework, the Government committed to further legislation that would ease Unionist concerns about Northern Ireland’s place within the United Kingdom. In a recent session of the Northern Ireland Affairs Committee, the Secretary of State said that he was

“yet to be able to determine the exact items”

that would go into such legislation. Perhaps the Minister could elaborate on when that mystery legislation will appear, and what the consultation process for it will be.

The Labour party will always take a constructive approach when it comes to Northern Ireland. There are clauses in the Bill that give the Secretary of State power to ask for advice on options for raising public revenue. Those have led to some very useful discussions on the fiscal framework in which the Executive operate. In particular, I praise the work of the Northern Ireland Fiscal Council, whose updated estimate of the relative need for public spending has grabbed the attention of all parties. The Secretary of State also said to the Northern Ireland Affairs Committee that

“there is the ability, will and understanding of the public finances necessary for us to come together with a plan for transformation.”

It does feel like movement is building to improve Northern Ireland’s financial stability. It would be good to hear what the next steps are for the Secretary of State once he receives the requested advice on policy options from civil servants.

The powers in the Bill last only as long as there is no Executive, so there will hopefully be a limited opportunity to use them. The decision-making powers we have given to civil servants will also now last until the Executive are formed, instead of there being a six-month deadline. I pay tribute—just as the Secretary of State and his Minister, the hon. Member for Wycombe (Mr Baker), did—to all civil servants who are being asked to go far beyond what should be expected of them. The head of the civil service, Jayne Brady, gave evidence last week to the Northern Ireland Affairs Committee. She highlighted some of the challenges that the civil service is facing on how to make decisions within the budget that the Secretary of State now has to set out. In her words, even with the Bill,

“there will be decisions that we will not be able to make because they will not be aligned with the legal construct we are operating in.”

In summing up, the Minister should address that possible gap and what decisions might fall into it.

One of the themes from meetings that I recently had with Northern Ireland groups is that it is difficult to understand where responsibility ultimately lies. That really worries me—as a Parliament, it should worry all of us. The Secretary of State has been clear that we are not moving into direct rule; what we have instead is limited interventions from Westminster that keep public services functioning with limited scrutiny. The situation cannot continue forever. I hope that we can build on the momentum of the 25th anniversary and the recognition of how special the peace process was and continues to be, and I hope that we see power sharing restored soon.

Northern Ireland Finances 2023-24

Chris Heaton-Harris Excerpts

Thursday 27th April 2023 Written Statements

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

Despite the progress that has been made with the Windsor framework it is with considerable disappointment that I find it is necessary for me to once again step in and set a Budget for Northern Ireland for 2023-24. The challenging budget position means that Northern Ireland Departments need clarity on their budget allocations now to deliver a balanced budget. I will bring forward a Budget Bill in due course.

The context of setting the Northern Ireland Budget for 2023-24 has been very difficult.

With agreement from the Chief Secretary to the Treasury, flexibility has been granted on the repayment of the £297 million overspend from the 2022-23 Budget. This will provide some protection to frontline public services in Northern Ireland from having to take the most severe reductions. However, difficult decisions remain in order to live within the funding available.

To support this, I am committing any future in-year Barnett consequentials for 2023-24 to repaying the Reserve claim. Should this not amount to £297 million, I will work with HM Treasury to reallocate funding from previously announced Northern Ireland funding packages, with the residual to be repaid in 2024-25.

The UK Government have for many years recognised the unique challenges Northern Ireland faces. We have provided around £7 billion in additional funding to Northern Ireland since 2014, on top of the Barnett-based block grant. The Northern Ireland Budget per person is around 20% higher than equivalent UK Government spending in other parts of the UK. Yet the level of public services offered is still not affordable and outcomes are not improving. We need the Executive back so that they can progress much needed and long promised public service transformation.

2023-24 Budget allocations

I set out below the resource and capital allocations which I consider to be an appropriate settlement for Northern Ireland Departments.

In deciding these allocations I have engaged intensively with the Northern Ireland civil service. I am grateful to them for their engagement. I have also met with Sir Robert Chote, the chair of the Northern Ireland Fiscal Council, and I have received a range of representations from public groups and individuals.

Non-ringfenced resource funding

On the resource side, this Budget position delivers:

For health, this Budget provides £7.3 billion in funding. It also ringfences funding for abortion services, as ensuring availability of services is a statutory duty on me as the Secretary of State for Northern Ireland.

For education, this Budget provides £2.6 billion in funding.

For justice, this Budget provides £1.2 billion in funding.

For economy, this Budget provides £772 million in funding, including £1.1 million for the public service obligation route from City of Derry Airport to London.

Capital departmental expenditure limits

For capital, this Budget provides continuing investment and enables key projects to progress. It also ensures sufficient funding to meet departmental capital commitments that can progress in the absence of an Executive.

Revenue raising

My Department has continued to work closely with the Northern Ireland Department of Finance on a sustainable and strategic approach to public finances, which includes options for revenue raising in line with the rest of the UK. The lower levels of revenue generation but higher public service provision in Northern Ireland compared to the rest of the UK is unsustainable.

Governance

The Government must also ensure that Northern Ireland Departments can continue to operate. That is why the Government have today introduced the Northern Ireland (Interim Arrangements) Bill to ensure ongoing governance in the short term, should Northern Ireland remain without Ministers beyond 5 June.

The Bill continues the powers already afforded to permanent secretaries in Northern Ireland Departments in the absence of an Executive. It also grants powers that will allow the UK Government to explore, with the Northern Ireland civil service, options for increasing budget sustainability including further revenue raising in Northern Ireland.

The right way for Northern Ireland to be governed is through locally accountable and elected Government. But we have a duty to the people of Northern Ireland and in managing public funds to ensure Northern Ireland’s finances can be put on a sustainable path. That is why these powers are deliberately focused on official advice and public consultation. The final decisions for any implementation are best taken by Northern Ireland’s elected leaders. But we are taking these steps now to ensure that work progresses towards a more sustainable system in Northern Ireland that better reflects what is happening across the rest of the UK.

Attachments can be viewed online at: http://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2023-04-27/HCWS748/.

[HCWS748]

New Decade, New Approach: Third Update

Chris Heaton-Harris Excerpts

Wednesday 26th April 2023 Written Statements

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

During the passage of the Northern Ireland (Ministers, Elections and Petitions of Concern) Act in the House of Lords, the Government committed to making a written ministerial statement every six months setting out the commitments in New Decade, New Approach (NDNA) we have delivered on to date. The first of these statements was published on 23 March 2022 and the second on 20 October 2022. This is the third statement.

The NDNA agreement facilitated the restoration of the devolved institutions in January 2020 after three years of hiatus. It is deeply disappointing that Northern Ireland once again is in a period of political stalemate. Since the last statement, the UK Government have delivered the Windsor Framework, which fundamentally amends the text and provisions of the original Northern Ireland Protocol. This agreement delivers free-flowing trade within the whole United Kingdom, protects Northern Ireland’s place in the United Kingdom and safeguards the sovereignty for the people of Northern Ireland. It is now for the Northern Ireland parties to move forward and deliver the strong, accountable devolved institutions that those who elect them expect and deserve.

The UK Government will always work to uphold the Belfast/Good Friday Agreement and support political stability in Northern Ireland. To that end, we have continued to implement the commitments we signed up to in NDNA. Since January 2020, the UK Government have:

published four reports on the use of the Petition of Concern mechanism;

passed the Northern Ireland (Ministers, Elections and Petitions of Concern) Act to implement the institutional reforms agreed in NDNA;

passed the Internal Market Act 2020;

held a meeting of the Board of Trade in Northern Ireland;

announced an £18.9 million investment in NI’s Cyber Security industry, supporting NI’s development as a global cyber security hub and the target of achieving 5000 cyber security professionals working in Northern Ireland by 2030;

renegotiated the Protocol and restored the free-flow of trade from Great Britain to Northern Ireland through a new green lane, ensuring that Northern Ireland remains an integral part of the UK internal market;

ensured that Northern Ireland can access the trade deals the UK is striking across the world;

invited representatives of the Northern Ireland Executive to all meetings of the UK-EU Joint and Specialised Committees;

changed the rules governing how the people of Northern Ireland bring their family members to the UK, enabling them to apply for immigration status on broadly the same terms as family members of Irish citizens;

appointed Danny Kinahan as the first Northern Ireland Veterans Commissioner in September 2020;

passed the Armed Forces Act which further enshrines the Armed Forces Covenant in law; conducted a thorough review of the aftercare service, the purpose of which was to consider whether the remit of the service should be widened to cover all HM forces veterans living in Northern Ireland with service-related injuries and conditions;

marked Northern Ireland’s centenary in 2021 with a £3 million programme of cultural and historical events, including the delivery of the Shared History Fund and schools planting project; brought forward regulations to ensure designated Union Flag flying days remain in line with those observed in the rest of the UK;

recognised Ulster Scots as a National Minority under the Council of Europe Framework Convention for the Protection of National Minorities;

provided £2 million in funding for NI Screen’s Irish Language and Ulster Scots Broadcast funds, which support a range of film, television and radio programming;

established a new hub—Erskine House—in the heart of Belfast, increasing the visibility and accessibility of UK Government Departments in Northern Ireland;

reviewed the findings of the Renewable Heat Incentive Inquiry Report to consider its implications for the use of public money in Northern Ireland; and

continued to foster closer ties and better collaborative working across sectors such as tourism, sport and culture, including through the joint UK and Ireland bid to host the 2028 European Championships.

The UK Government have provided a total financial package of £2 billion for New Decade, New Approach. This financial package includes a £1 billion Barnett-based investment guarantee for infrastructure investment and £1 billion in funding across key priorities as set out in the deal. Of the £1 billion in funding, over £769 million has been spent towards such outcomes as:

bringing an end to the nurses’ pay dispute in January 2020;

securing additional funding for the Executive in the 2020-21 financial year;

the creation of a new Northern Ireland Graduate Entry Medical School in Londonderry;

supporting the transformation of public services;

supporting low carbon transport in Northern Ireland, enabling the Department for Infrastructure to commit to ordering 100 low-carbon buses to be deployed in Belfast and Londonderry; and

addressing Northern Ireland’s unique circumstances through projects and programmes that tackle paramilitarism, promote greater integration in education, support economic prosperity, and support linguistic diversity.

We have investigated options for the Connected Classrooms and Homecoming programmes and concluded that there is no viable delivery route for either programme that meets the key requirements of regularity, propriety, value for money and feasibility. Delivery of these programmes will, therefore, not be pursued at this time, although this will be kept under review.

Finally, in the absence of Executive progress on the matter, the UK Government passed the Identity and Language (Northern Ireland) Act in order to progress NDNA commitments relating to identity and language. This Act includes provisions to support the establishment of the Castlereagh Foundation.

The Government will continue to deliver their commitments and look forward to working with a restored Executive on the opportunities ahead.

[HCWS743]

Belfast/Good Friday Agreement: 25th Anniversary

Chris Heaton-Harris Excerpts

Thursday 30th March 2023 Commons Chamber

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

I beg to move,

That this House has considered the 25th anniversary of the Belfast (Good Friday) Agreement.

It gives me great pleasure to open today’s debate on the 25th anniversary of the Belfast/Good Friday Agreement. This is an historic occasion, not just for the people of Northern Ireland, who have benefited directly from the peace, prosperity and host of other benefits the agreement has brought, but for the entire United Kingdom and for all of us in this House. I know that right hon. and hon. Members will have their own unique reflections on this momentous occasion.

The agreement ended almost 30 years of armed conflict in Northern Ireland. That will always remain its most profound and important legacy. The generation that has grown up since its signing has only known relative peace and increasing reconciliation. That in itself is a remarkable achievement.

As many of us know, the agreement comprises three closely interrelated strands, all of which underpin the peace and prosperity that Northern Ireland enjoys to this day. Strand 1 established the Northern Ireland Executive and Assembly, enabling decisions on health, education, employment and much more to be undertaken locally for the benefit of everyone in Northern Ireland. These institutions provide an important guarantee on inclusive decision making on governance, representative of all communities in Northern Ireland.

[Catherine West (Hornsey and Wood Green) (Lab)]

Does the Secretary of State agree that one of the most important elements under discussion is the role of education in creating the necessary conditions for having more united communities in the future?

[Chris Heaton-Harris]

Yes, indeed. I think that is even more vital now that we have a generation of people across our United Kingdom who did not experience the troubles at first hand. It is very important that knowledge is transferred to them, so that they can learn from the mistakes of the past and rebuild the foundation and network the hon. Lady identifies.

Strand 2 of the agreement provided for co-operation between Northern Ireland and Ireland, and established the North South Ministerial Council. Strand 3 included the establishment of the British-Irish Council and the British-Irish Intergovernmental Conference, which are conduits for the important and enduring friendship and dialogue we enjoy with the Irish Government and with jurisdictions across these islands today. The Government are steadfastly committed to upholding each of the three strands, which balance the aspirations of all communities in Northern Ireland and remain vital elements in Northern Ireland’s constitutional settlement.

The Belfast/Good Friday agreement is also based on guarantees of rights. It recognises the crucial birth right of all people of Northern Ireland to identify and be accepted as Irish, British or both, and confirms that the right to hold one or both citizenships is accepted. The Government delivered the powerful new institutions set up by the agreement to secure and protect the rights of the whole community. The agreement enshrines the principle of consent—an important principle that safe- guards Northern Ireland’s place in the Union and means that Northern Ireland will remain part of the United Kingdom for as long as the majority of its people want it to be.

We must credit the agreement with helping to set Northern Ireland on a path to permanently ending armed conflict. That achievement was delivered with the support of many other countries, including the United States, Finland, South Africa and Canada.

One of the most important and most tangible aspects of the agreement was the return to devolved Government in Northern Ireland after nearly 30 years. There has been a long history of devolved decision making in Northern Ireland since its foundation 101 years ago. The agreement recognised that previous devolved Governments had not been inclusive of the whole community, and the agreement established important guarantees and principles setting out that a devolved Government should work for all parts of the community in Northern Ireland.

With a functioning Executive, Northern Ireland enjoys the best of all worlds—a strong Northern Ireland Assembly and a strong United Kingdom Government. Regardless of which part of the community people are from, the importance of locally accountable decision making in the interests of Northern Ireland is something that everyone should be able to agree with.

[Christine Jardine (Edinburgh West) (LD)]

I thank the Minister for giving way in what is a significant debate to all of us, marking an important milestone for peace in Northern Ireland. Does he agree with me that we need to be very careful that we do not take that peace for granted? We have seen the threat level increase recently and increased tension. It is as incumbent on all of us now as it was 25 years ago to do whatever we can to protect what is an ongoing process in the peace agreement.

[Chris Heaton-Harris]

The hon. Lady utters very wise words. It falls on all our shoulders and on those of all politicians across the United Kingdom, especially in Northern Ireland, to continue to build on the peace process and the Belfast/Good Friday agreement and what it stands for today, and to do so deep into the future, because it is so important. As we have seen this week, with the rise in the threat level of Northern Ireland-related terrorism in Northern Ireland, we cannot take anything for granted.

[Stephen Farry (North Down) (Alliance)]

The Secretary of State rightly comments on the change in the security threat assessment; I note in particular the threat relating to dissident republicans. He will also be acutely aware of the rise of activity within loyalism, with a spate of attacks in recent days in my constituency and that of my colleague the hon. Member for Strangford (Jim Shannon). Will the Secretary of State tell us a little more about the Government’s commitment to crack down on continuing loyalist activities and ensure that those people who are involved in illegality face the full rigours of the law?

[Chris Heaton-Harris]

Yes. This is probably not the appropriate time or space to do that, but the hon. Gentleman is absolutely right that there has been an increase in loyalist paramilitarism. The Government are supporting the Police Service of Northern Ireland in clamping down on it; we are well aware of it, and are working with politicians across the piece in Northern Ireland. With the Police Service of Northern Ireland, there is a lot that we can do both to decrease tensions in those communities and to make sure that those who are using criminal activity at the expense of their neighbours in their communities face the appropriate penalties.

Let me return to the Belfast/Good Friday agreement. For our part, the UK Government have continually supported and invested in Northern Ireland, its place in the Union and the Belfast/Good Friday agreement framework. We are committed to making it better still, as we have shown through the investment, support and commitment that we have provided as a UK Government to the Northern Ireland institutions through numerous successor agreements. Those agreements prove that the signing of the Belfast/Good Friday agreement 25 years ago was not the end of a journey, but a new beginning. Each of them has helped to pave the way to the Northern Ireland that we see today, whether it be the progress on policing and justice at St Andrews that enabled those matters to be devolved in the Hillsborough Castle agreement; the substantial capital funding that we provided for new shared and integrated schools in Fresh Start and Stormont House; or the investment that we provided in public services in New Decade, New Approach.

It is precisely because of the UK Government’s steadfast commitment both to the Belfast/Good Friday agreement and to Northern Ireland’s place in our Union that we have, through listening to and heeding the concerns among the people of Northern Ireland about the protocol, replaced it with the new Windsor framework, which makes fundamental amendments to it. The framework restores the delicate balance struck by the agreement and addresses problems with the protocol by removing the Irish sea border for UK goods, with a new green lane and UK internal market scheme for businesses trading from Great Britain to Northern Ireland, removing costs, paperwork and checks. Just as importantly, it gives the people of Northern Ireland a veto over new laws that apply there, in the form of the Stormont brake.

Northern Ireland has changed beyond recognition over the past 25 years, thanks to the peace and prosperity that the Belfast/Good Friday agreement has brought. Upon that foundation, Northern Ireland has built a dynamic and vibrant economy, as can be seen across the whole of the nation. Its world-leading screen and film production industry, which produced “Game of Thrones” and “The Northman” among others, has already contributed £1 billion to the Northern Irish economy. There is a fintech sector, a cyber-security sector and an engineering sector going from strength to strength in the Northern Ireland of today. Those sectors are creating thousands of highly skilled jobs, with Belfast now ranked as one of the top 25 tech cities in the world.

In the years since the agreement was signed, Northern Ireland has also taken positive steps towards greater reconciliation. I pay tribute to the work of community organisations, faith groups and individuals, and to all who have tried to foster that reconciliation, respect and mutual understanding in Northern Ireland in the journey to the agreement and over the past 25 years.

[Simon Hoare (North Dorset) (Con)]

In the list that he is rightly setting out, will the Secretary of State recognise the particular contribution that very many women in Northern Ireland, across the communities, have made in leading the dialogue, repairing their communities and building relationships of trust?

[Chris Heaton-Harris]

Yes, I will. Further into my speech, I might well mention just one or two of the remarkable women who have done exactly as the Chairman of the Select Committee on Northern Ireland Affairs says.

The fact that Northern Ireland now has a locally accountable police force demonstrates the huge progress that Northern Ireland has made. However, events such as the abhorrent shooting of DCI John Caldwell illustrate a point that hon. Members have already raised in interventions: that the peace that Northern Ireland now enjoys and that we have all worked so hard for cannot and must not be taken for granted. Yesterday, I made the announcement that the Northern Ireland-related terrorism threat level has been increased by MI5 from substantial to severe. Coming ahead of the agreement’s 25th anniversary, that news is particularly disappointing. However, it does not detract from the fact that Northern Ireland remains markedly more peaceful and reconciled than it was in 1998. That is a testament to the people of Northern Ireland, as well as to the PSNI and the security services that do so much to keep us all safe.

[Jim Shannon (Strangford) (DUP)]

May I put on the record my thanks to the Secretary of State for what he says about the PSNI? In the past two weeks, my constituency and that of the hon. Member for North Down (Stephen Farry) have been subjected to a lot of violence, including attacks on houses, discrimination and the intimidation of people who have had to move out. It is only a matter of time before that level of violence spills over into injury or death. The PSNI are the people in the middle who are keeping us safe. Our special thanks should go to the officer in charge of our area, Superintendent Johnston McDowell, and to all his police officers, who are doing a grand job of policing to the best of their ability. We should all be supporting them, because they are the people who are filling the gap.

[Chris Heaton-Harris]

The hon. Gentleman is absolutely right; I completely concur with his statement. We should also pay tribute to Chief Constable Simon Byrne, who has introduced community policing across Northern Ireland. Community policing is something that we are all used to in England, Scotland and Wales, but it is a different way of policing—a better way of policing—in Northern Ireland, and it is definitely helping across all communities. I completely agree with the hon. Gentleman’s words and would add to them.

As we approach the agreement’s anniversary, we must acknowledge that there is more to be done to realise other aspects of the agreement’s ambition for a society that is reconciled with the past and able to look to the future. We must never let the progress that we have seen allow us to be complacent about the challenges of the future. We are investing in the development of integrated education so that more children can be educated together. We look forward, rather than back to a divided past.

It is also our duty to tell the agreement’s story so that the next generation may appreciate Northern Ireland’s remarkable journey and build a more prosperous future. That is why, as part of our programme to mark the anniversary, we have launched the first phase of a pioneering educational package. The package has been developed by the National Archives for parents and teachers across the United Kingdom to use in assemblies and the classroom, thereby enabling this vital story to be told.

I would like to acknowledge the contribution that Members across this House, Members of the other place and those elsewhere made to the journey to the Belfast/Good Friday agreement 25 years ago and have made to Northern Ireland. No single party, Government, individual or organisation owned the journey to that agreement or owns the journey of Northern Ireland since. From the famous speech by the then Secretary of State for Northern Ireland, Peter Brooke, in November 1990 that announced that the United Kingdom had

“no selfish strategic or economic interest in Northern Ireland”,

to the 1993 Downing Street declaration between John Major and Albert Reynolds that provided a pathway to a negotiated settlement on the basis of the principle of consent, it is clear that the agreement was unlocked through the achievement, bravery and dedication of a great many people in politics, public life, religion, civil society and community over many, many years.

Last week I was privileged, along with other Members, to attend a reception at Speaker’s House where I met three inspirational Members of the Youth Parliament in Northern Ireland: Izzy Fitzpatrick, Ryan Kearney and Lauren Bond. I think that all who heard Lauren will agree that she made a barnstorming speech. She spoke powerfully about her future in her nation and, notably, about the forgotten role of women in the peace process, which was mentioned by my hon. Friend the Member for North Dorset (Simon Hoare). I hope I can begin to put that right today.

From one of my predecessors as Northern Ireland Secretary, Mo Mowlam, who enabled the Tony Blair Government to secure the Belfast agreement in April 1998 through an unrelenting bravery, a disarming personal touch and an unstoppable belief in the potential of peace, to the Women’s Coalition and people such as Monica McWilliams—a signatory to the multi-party agreement—women played a pioneering role, and rightly insisted that their voices be heard in the peace process. Pat Hume, a consummate diplomat, endured risks and threats to get people talking, and established warm relations with families of Unionist politicians, including Daphne Trimble, who later served in the two human rights bodies created by the Belfast/Good Friday agreement. It is clear that the full story of the agreement cannot be told without acknowledging the contributions of those and other brave and visionary women.

As we approach the 25th anniversary of that agreement, I am also aware that we will do so without some of its other architects—not least Lord Trimble, the leader of the Ulster Unionist party and the first of Northern Ireland’s First Ministers, and John Hume, the long-time advocate of civil rights through dialogue, campaigning and peaceful protest, alongside whom I had the pleasure of serving for five years in the European Parliament. They succeeded not just because they worked tirelessly, but because they took risks. In the face of opposition and, at times, threats, they pursued their vision of what they thought Northern Ireland could be. Northern Ireland is poorer without their leadership, but they serve as examples to generations of political leaders now and to come of what politics can do.

Others, too, took risks along the way to secure the gains of the past 25 years. The leadership of Sinn Féin, particularly Gerry Adams and Martin McGuinness, persuaded republicanism that its future lay in the ballot box, and in 2007 the late Reverend Ian Paisley—with whom, again, I served for five years in the European Parliament —led his party into power sharing. I note the contribution of Lord Alderdice—whose party provided a powerful voice for those who were not part of either of Northern Ireland’s two traditions—to the securing of widespread engagement with the peace process; and, obviously, we recognise the role of the Progressive Unionist party, and particularly the late David Ervine, in providing clear representation for loyalism. I know that I have omitted many other names involved in the journey to the agreement, but I also know that the whole House, including the hon. Member for Hove (Peter Kyle), will join me today in recognising their collective achievement.

If this anniversary can remind us all of one thing, it should be that progress did not come easily. It took decades of tireless work, leadership and steadfast commitment. Most important, it required the willingness of people to work across divides, sometimes with others with whom it had hitherto been unimaginable to work. The lessons from the leaders of 1998 will, I hope, prove instructive for all of us who have the honour of following in their footsteps. I know that Northern Ireland is on a path to a better, brighter and more prosperous future over the coming 25 years, thanks to the foundation of peace and stability that the Belfast/Good Friday agreement provides.

We are creating a platform for that more prosperous future by investing in the people of Northern Ireland, giving them the skills that they need to succeed and harnessing their entrepreneurial spirit. Only last month the Minister of State, Northern Ireland Office, my hon. Friend the Member for Wycombe (Mr Baker) announced £18.9 million of funding to boost the fantastic cyber-security sector in Northern Ireland. Together with more than £600 million of UK Government investment in city and growth deals for every part of Northern Ireland, those funds will ensure that the Northern Ireland of the next 25 years will be a byword for the cutting-edge technology and innovation for which it is already becoming known. We have addressed the issues caused by the Northern Ireland protocol by agreeing the Windsor framework, which fundamentally amends the old protocol. It protects the economic rights of the people of Northern Ireland, and provides us with the basis to move forward together as one United Kingdom. We, as the UK Government, will continue to support and invest in Northern Ireland to make it an even better place in which to live, work and start a business in the years to come.

The 25th anniversary of the Belfast/Good Friday agreement is an historic moment for Northern Ireland, for the whole United Kingdom, and for Ireland. It is a milestone that will be heralded in this country, and in the countries whose contribution to the peace process made the agreement’s success possible. Today’s debate affords us all an opportunity to recognise this remarkable achievement, and to reaffirm our commitment to protecting and upholding the Belfast/Good Friday agreement and supporting Northern Ireland’s journey in the 25 years to come in order to build a more perfect peace. I commend the motion to the House.

[Mr Deputy Speaker (Mr Nigel Evans)]

I call the shadow Secretary of State.

--- Later in debate ---

[Chris Heaton-Harris]

With the leave of the House, I will take this opportunity to say thank you to right hon. and hon. Members for their many and varied contributions to this debate. Indeed, I feel blessed to have listened to them. This House is at its best when it comes together in a spirit of bipartisanship, and, today, we have seen so much support, so many good speeches and so much experience—113 years’ experience in three speakers alone. I wish to thank them all for their contributions.

My hon. Friend the Member for North Dorset (Simon Hoare), the Chair of the Northern Ireland Affairs Committee, reminded us about the all-island nature of the Belfast/Good Friday agreement. I can say to him that we do remain committed to that and to all its three strands. Indeed, one of the Prime Minister’s first engagements as Prime Minister was in Blackpool at the British Irish Council, which was established under the Belfast/Good Friday agreement. I think he was the first British Prime Minister to attend that summit for well over a decade to demonstrate how seriously this Government are taking all the institutions of the Belfast/Good Friday agreement.

The hon. Member for Gordon (Richard Thomson) reminded us how the Belfast/Good Friday agreement has been instructive and, to this day, continues to have value to those involved in peace processes across the globe. The hon. Member for Strangford (Jim Shannon) gave us the benefits of his experience—he might just have passed his apprenticeship. I thank him for his speech, its contents and the way that he delivered it. I know that we need to have a long conversation, but I am absolutely sure that we will get there in the end.

The right hon. Member for Leeds Central (Hilary Benn) spoke with true emotion and sincerity. I have learned many a lesson from him in my time in this place. Indeed, he was the speaker immediately after my maiden speech in this House, and I have always tried to take his advice from that speech—well, at least some of it. It was a pleasure to listen to him today. The elements of the lessons that he distilled about the step-by-step nature of peace and not giving up were unbelievably wise words.

The hon. Member for North Down (Stephen Farry) knows that we are involved in negotiations to get Stormont up and running, but I am not convinced that starving people in the last 24 hours of that is the right way forward this time. But he has experience of the negotiations, and he is a wise man; he knows what he is talking about. He, too, gave an excellent speech, and I will talk a bit about reform in a moment. The hon. Member for Blaydon (Liz Twist) talked about the women, especially Mo Mowlam, behind the peace process. I thank her for her excellent speech and I am so glad that other Members also raised the women behind the agreement. The hon. Member for Hornsey and Wood Green (Catherine West) mentioned that success has many fathers. I think the complete quote ends, “but failure is an orphan”, although we should add to it that success, especially in this case, also has many mothers. It was good to be reminded of that in her speech.

The hon. Lady asked me a couple of questions, and I will certainly try to answer at least one of them. I completely understand that the ECHR is integral to the Belfast/Good Friday agreement. The Prime Minister has said that we will honour the international obligations that we have made. I hope the hon. Lady and the House will see, as the Northern Ireland Troubles (Legacy and Reconciliation) Bill travels through its remaining stages in the other place and when it gets here, that my overall aim is to ensure that that Bill, whose compliance with the ECHR is currently questionable, will be compliant. The proof will be in the pudding as those amendments come forward.

The hon. Member for Easington (Grahame Morris) brought a different angle to the debate. I know Northern Ireland is a very difficult place to operate as a journalist, but it has a brilliant tradition of journalism; some of the greatest have come from Northern Ireland and, indeed, I believe it has a vibrant journalistic democracy in itself. I welcome what he said about the National Committee for the Safety of Journalists and I understand the points that he made about the case.

I wish to say thank you in particular to the hon. Members for Hove (Peter Kyle) and for Gower (Tonia Antoniazzi), not only for their thoughtful remarks about the agreement, the journey to it and the importance of protecting it and upholding it, but equally for their wise counsel and advice and the way that we can work across the Chamber. I hope we demonstrate that we do that, because we have the same ambition here: to honour this agreement, to mark it well and to ensure that we learn and move forward positively with it.

As I mentioned in my opening remarks, the agreement was unlocked through the achievement, bravery and dedication of a great many people over many years. We managed to name some of them, but there are many that we failed to name. I would like to think that over the course of the next few weeks, as we go to many different occasions to mark 10 April 1998, they will all get a mention—or at least that we can bow our heads in deference to those who travelled that journey to get to peace and sign that agreement.

The hon. Member for North Down talked about the need for reform of the Belfast/Good Friday agreement and some of its institutions. I can quite understand where he is coming from, and why voices in Northern Ireland and his party are reflecting on the current institutional arrangements and how they work, but he will forgive me if my primary focus at this time is the restoration of those institutions.

The hon. Gentleman knows that I believe the Windsor framework delivers stability for the people of Northern Ireland, protects Northern Ireland’s place in the Union and preserves the balance in the Belfast/Good Friday agreement. It also provides the Northern Ireland Assembly with a powerful say. It is now up to the parties in Northern Ireland to decide how they want to move forward together to create a better future for the nation. The Government remain open to hearing reform proposals that are consistent with the core principles in the Belfast/Good Friday agreement and command support across the communities.

The hon. Member for Strangford would expect me to say this, but he raised some points relating to Northern Ireland’s place in the Union, and I am very clear that the United Kingdom Government are proud of Northern Ireland and its place in our Union, and we will do all we can to support it. Northern Ireland will remain part of the UK as long as its people wish it to be, on the basis of the principle of consent, which he quite rightly highlighted in his speech.

I am delighted that we all, right hon. and hon. Members of this House, have had the opportunity today to share reflections on and recollections of the Belfast/Good Friday agreement, so close to its 25th anniversary on 10 April. This is a truly historic moment in Northern Ireland’s story. It is not hyperbole to say that the Belfast/Good Friday agreement has had a transformational impact on Northern Ireland, ending 30 years of armed conflict, ushering in an era of stability and prosperity, supporting progress towards reconciliation and so much more.

As we look forward to the coming 25 years, the UK Government are committed to the agreement in all respects, to marking this anniversary sensitively and to ensuring that Northern Ireland benefits from an even more prosperous and more reconciled future. I know that ambition is shared by all sides of the House, as we have seen very clearly in this debate.

Question put and agreed to.

Resolved,

That this House has considered the 25th anniversary of the Belfast (Good Friday) Agreement.

Northern Ireland Security

Chris Heaton-Harris Excerpts

Tuesday 28th March 2023 Written Statements

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

The threat level to Northern Ireland from Northern Ireland-related terrorism is constantly monitored and is subject to a regular, formal review. This is a systematic, comprehensive and rigorous process, based on the very latest intelligence and analysis of factors which drive the threat. The threat level review takes into account a range of factors and analysis of recent incidents.

The decision to change the threat level is taken by MI5, independently of Ministers.

MI5 has increased the threat to Northern Ireland from Northern Ireland-related terrorism from “substantial”, an attack is likely, to “severe”, an attack is highly likely.

The public should remain vigilant, but not be alarmed, and continue to report any concerns they have to the Police Service of Northern Ireland.

Over the last 25 years, Northern Ireland has transformed into a peaceful society. The Belfast/Good Friday agreement demonstrates how peaceful and democratic politics improve society. However, a small number of people remain determined to cause harm to our communities through acts of politically motivated violence.

In recent months, we have seen an increase in levels of activity relating to Northern Ireland-related terrorism, which has targeted police officers serving their communities and also put at risk the lives of children and other members of the public. These attacks have no support, as demonstrated by the reaction to the abhorrent attempted murder of DCI Caldwell.

I pay tribute to the tremendous efforts of the Police Service of Northern Ireland and security partners, and the determination and resilience of the Northern Ireland people, who are making Northern Ireland a safer place to live and work. The political future of Northern Ireland rests with the democratic will of the people and not the violent actions of the few. Together we will ensure there is no return to the violence of the past.

[HCWS683]

Northern Ireland

Chris Heaton-Harris Excerpts

Wednesday 22nd March 2023 Commons Chamber

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

I beg to move,

That the draft Windsor Framework (Democratic Scrutiny) Regulations 2023, which were laid before this House on 20 March, be approved.

It is my usual practice to take as many interventions as I possibly can during a debate; however, this debate is on a statutory instrument and is therefore time-limited, so although I will take interventions, I will not take as many as I normally would. I will, with the leave of the House, try to mop up all the questions raised at the end of the debate.

The Stormont brake is at the heart of the Westminster framework. It addresses the democratic deficit, restores the balance of the Belfast/Good Friday agreement, and ends the prospect of dynamic alignment. It restores practical sovereignty to the United Kingdom as a whole, and to the people of Northern Ireland in particular.

[Mr John Baron (Basildon and Billericay) (Con)]

As someone who served in the Province during the troubles and saw at first hand the pain and anger endured by all communities, may I ask whether my right hon. Friend agrees that the Windsor framework not only restores the balance of the Belfast agreement but offers the Province much greater prosperity by way of inward investment—and greater prosperity helps most situations?

[Chris Heaton-Harris]

I entirely agree with my hon. Friend. We are just coming up to the celebration of the 25th anniversary of the Belfast/Good Friday agreement, which has built peace and stability across Northern Ireland. I hope very much—as, I believe, does every single politician from Northern Ireland—that the next 25 years of the agreement, helped along by this Windsor framework, will bring to Northern Ireland an age of prosperity the like of which we have never seen before.

[Several hon. Members rose—]

[Chris Heaton-Harris]

I will give way first to the hon. Member for Strangford.

[Jim Shannon (Strangford) (DUP)]

It is not often that I am called before the others, but it is always a pleasure.

The Secretary of State and I will have some differences of opinion on this, but does he understand our frustration about the Windsor framework, or, as we Unionists call it, the Windsor knot? It is not a deal that enjoys or receives Unionist support, because the United Kingdom is giving the European Union sovereignty over the courts and power over Northern Ireland. Let me say respectfully to the Secretary of State, because I am a respectful person, that it has been shoved through the House by the Government, the Conservative and Unionist party—with some dismay, I now question the word “Conservative”, and where is the “Unionist”?—in a format that does not allow for scrutiny or due processes. Members on both sides of the House should take note of that and should vote against this statutory instrument, because it introduces a gravely important constitutional issue, and we are very concerned about it.

--- Later in debate ---

[Chris Heaton-Harris]

I thank the hon. Gentleman for his words, with which, however, I fundamentally disagree. I am a Unionist, and proud to be a Unionist. I believe that each of the four nations of our wonderful country makes it stronger, and I also believe that this is a massive step forward in terms of progress for not only Northern Ireland but the Union as a whole.

I disagree entirely with what the hon. Gentleman has said because the framework actually adds to the democratic scrutiny that is available. As one of Michel Barnier’s former advisers put it, the mechanism

“does amount to a clear veto possibility for the UK government, directive-by-directive, at the behest of a minority in the Northern Ireland Assembly.”

I think that people who know what they are talking about understand that this is a very, very good deal.

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

The right hon. Gentleman talks of prosperity. Seed potato growers in my constituency tell me that the framework is extremely welcome, because it means they can have access to the Northern Ireland market and in turn, via this mechanism, to the Republic of Ireland market. That is about the prosperity of my constituency, but perhaps this may lead to access to the Spanish and French markets, which could be useful in the future. I therefore believe that we should support the framework.

[Chris Heaton-Harris]

I thank the hon. Gentleman for his very, very pro-Unionist comments. He is entirely right. Through the protocol, seed potatoes and a host of other products were no longer available in Northern Ireland. The Windsor framework solves those issues and opens up market opportunities.

[Colum Eastwood (Foyle) (SDLP)]

I am grateful to the Secretary of State for giving way to me. I thought I was going to have to do a whole lot of squats just to get in.

One of the criteria for using the Stormont brake, and for signing the Petition of Concern, is that Members of the Legislative Assembly

“must be individually and collectively seeking in good faith to fully operate the institutions, including through the nomination of Ministers and support for the normal operation of the Assembly.”

Does this mean that Jim Allister will be precluded from signing the petition?

[Chris Heaton-Harris]

If the Assembly is sitting and he is sitting in it, which he would be as a fully elected member of his political party, I am absolutely sure that he could do that.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

I commend the Prime Minister and my right hon. Friend for the work they have done. Does it not show that when we build bridges, when we show pragmatism, when we work with our continental colleagues, we can provide results? Does my right hon. Friend agree that, along with AUKUS, the Paris summit and indeed the Budget, this is a return to the statecraft that we want to see in No. 10?

[Chris Heaton-Harris]

It is, without doubt, statecraft emanating from No. 10, and I pay tribute to the Prime Minister for everything that he does in that respect.

[Several hon. Members rose—]

[Chris Heaton-Harris]

I will continue for a bit, if I may. I will give way in a moment.

We all believe, as democrats here, that in a democracy people should have a say over any change in the laws under which they live, but under the old protocol, that was not the case. Changes to laws were automatically imposed on Northern Ireland whether it wanted them or not, and, like many other Members, I as Secretary of State for Northern Ireland considered that to be an unacceptable state of affairs. The Stormont brake not only ends that situation, but ensures that changes made to rules and regulations have the consent of both communities, thus asserting a fundamental principle of the Belfast/Good Friday Agreement.

[Richard Graham (Gloucester) (Con)]

I am very grateful to my right hon. Friend, who has made all this progress hugely possible through his hard work. Does he agree that wherever we are starting from, it is clear to everyone who compares the Northern Ireland protocol with the Windsor framework that good progress has been made, that the framework is an improvement, and that it is strongly welcomed by most of the communities in Northern Ireland, and for that reason we should support it today?

[Chris Heaton-Harris]

Yes, I do believe that, and I thank my hon. Friend for making the point.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

The Secretary of State is making a powerful case about democratic scrutiny. In that spirit, will he confirm that in order to support the Windsor agreement, he will use his powers as Secretary of State to retain all the existing EU law that would otherwise be deleted by the Retained EU Law (Revocation and Reform) Bill by the end of this year? The European Union has written to us today warning us that if he does not do that, the agreement will be in doubt. This is not to do with the Stormont brake; it is the existing legislation that will be deleted by the sunset clause. The Secretary of State has the power to retain it. Is he going to do so, in order to support this legislation?

[Chris Heaton-Harris]

I am afraid I have not seen that letter; I know nothing of it. I believe that the Retained EU Law (Revocation and Reform) Bill will do a good job of work for the whole of the United Kingdom.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

I fear that today we will respectfully have to agree to disagree. My right hon. Friend has described the brake on multiple occasions, including in BBC interviews, as a veto. Given that, if Stormont pulls the brake, UK Ministers may still not exercise the brake in exceptional circumstances—so it is down to ministerial fiat—and given that, even if they do, the EU can object and it will be referred to independent arbitration, where the UK could lose, that is a route to arbitration, isn’t it? That is not a veto. Will he accept that?

[Chris Heaton-Harris]

One, it is a veto; two, it is a route to arbitration; and three, it removes any element of the European Court of Justice being relevant in this decision. So I think we have actually delivered on some of the things that my right hon. Friend and I have campaigned on over the years.

[Hywel Williams (Arfon) (PC)]

In respect of grounds for seeking to apply the brake, in response to my written question to the Foreign Office on exports to Northern Ireland through the port of Holyhead, the Under-Secretary of State for Foreign, Commonwealth and Development Affairs, the hon. Member for Aldershot (Leo Docherty) replied:

“The Green Lane is open to all UK businesses where they import or sell goods that are not ultimately destined for EU market. This includes goods travelling from Wales to Northern Ireland in transit through the Republic of Ireland, using the procedure”.

Can the Secretary of State confirm that that is indeed the case and elaborate, now or by letter, on how that procedure will work?

[Chris Heaton-Harris]

I thank the hon. Gentleman for his question, which I did not hear completely. The green lane will be open for goods travelling into Northern Ireland for consumption in Northern Ireland. There is a red lane for goods going into the Republic. If I misheard his question, I will write to him to clarify, if that is okay.

[John Redwood (Wokingham) (Con)]

Why do EU laws apply under this agreement to businesses in Northern Ireland that are not trading with the EU? How many EU laws apply, and why can we not see a list of them?

[Chris Heaton-Harris]

It is less than 3%. This preserves access for Northern Ireland businesses to the single market, and yesterday I listed a whole host of different areas in which these EU laws are disapplied in Northern Ireland.

[Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)]

The Secretary of State is of course right to say that any political entity within a wider economic structure should have a say or some way of expressing its view on the rules and regulations of that economic structure. With that in mind, will the British Government be bringing forward a Senedd and Holyrood brake when it comes to the UK internal market?

[Chris Heaton-Harris]

I thought we already had it, but I will come back to the hon. Gentleman if that is not the case.

[Julian Smith (Skipton and Ripon) (Con)]

Will my right hon. Friend reconfirm, first, that the Stormont brake stops and gives total control to the Assembly in Northern Ireland on any new EU law or regulation; and, secondly, that this deal has made huge strides on seed potatoes, VAT, state aid, customs and all the aspects of the protocol that we in this House have debated for so long?

[Chris Heaton-Harris]

I have to agree with my right hon. Friend.

[Several hon. Members rose—]

[Chris Heaton-Harris]

I think I should now continue with my speech, so that I can explain all this to the House.

The brake is triggered if 30 Members of the Legislative Assembly from two parties object to an amending rule or regulation. These MLAs can be from the same community designation, so they can, in theory and in practice, come from two Unionist parties, or indeed two nationalist parties. The exercise of the brake will require no other process and no vote in the Assembly. Once the brake has been pulled, the law will automatically be disapplied in Northern Ireland after two weeks. The EU can challenge the use of the brake only through international arbitration, after the law has been suspended, where the bar to overturn it will be exceptionally high.

The Stormont brake is one of the most significant changes that my right hon. Friend the Prime Minister has secured. It is a robust change that gives the United Kingdom a veto over dynamic alignment with EU rules but, just as importantly, the regulations we are debating today put the democratically elected representatives of the people of Northern Ireland in the driving seat when it comes to whether and when that veto will be used.

[Ian Paisley (North Antrim) (DUP)]

I thank the Secretary of State for giving way. Could he answer, very clearly, this one simple question? Is it not the case that every single lorry that departs from the port of Cairnryan to Northern Ireland will have to have customs declaration papers for every product on that vehicle? Is it right that a vehicle travelling from one part of the United Kingdom to another part of the United Kingdom continues to be treated in that way?

[Chris Heaton-Harris]

Those vehicles will be using the trusted trader service. There will be 21 fields of information, mostly auto-populated, which will mean no certificates will be needed from vets or other third parties—

[Ian Paisley]

That is wrong.

[Chris Heaton-Harris]

I would say to the hon. Gentleman that I think I am right.

[Mr David Jones (Clwyd West) (Con)]

When my right hon. Friend appeared before the European Scrutiny Committee yesterday, he promised to deliver the list of the 3% of EU laws he says will remain as a consequence of this process. Can he please tell us where that list is?

[Chris Heaton-Harris]

I gave the majority of that list in the course of those proceedings, and I said that I would write to my right hon. Friend, which I will do.

The old protocol had some measures that were aimed at giving it democratic legitimacy. The UK had a vote over any new laws that the EU wanted to add to the protocol, but that veto did not extend to amendments of laws that were already there, and crucially, there was no role for the Northern Ireland Assembly in deciding whether and when to use that veto. Of course, it contained the democratic consent mechanism, an important means of giving the Assembly the right to end the application of articles 5 to 10 of the old protocol. Those measures were important, and the Windsor framework maintains them, but they were not, in themselves, enough to address the democratic deficit.

[Michael Fabricant (Lichfield) (Con)]

I wonder if my right hon. Friend could clarify something for me. He has spoken about the green channel for goods movements from Great Britain into Northern Ireland. This is a genuine question. As I understand it, the Northern Ireland economy produces around £77 billion-worth of goods, of which £65 billion-worth go to the rest of the UK. Is it not the case, though, that everything manufactured in Northern Ireland would have to meet EU standards, even if it is going to the rest of the UK?

--- Later in debate ---

[Chris Heaton-Harris]

I have made it perfectly clear that we are maintaining 3% of EU law in Northern Ireland. This is the bare minimum to maintain Northern Ireland’s access to the single market, which just about every business I have spoken to in Northern Ireland, and that has made representations on this, is delighted to be maintaining. Indeed, I have been lobbied by individual Members from Northern Ireland to maintain access to both the UK market—the fifth largest economy in the world—and the EU market for goods.

[Dame Andrea Leadsom (South Northamptonshire) (Con)]

I fully support what my right hon. Friend has done here. The Prime Minister and the whole of the Northern Ireland team have done a great job. Does my right hon. Friend agree that the Windsor agreement enables a huge opportunity in Northern Ireland not just to be a precious part of our United Kingdom but to be the target of enormous amounts of foreign direct investment because it will have the advantage of being an integral part of the United Kingdom as well as having open access to EU markets?

[Chris Heaton-Harris]

We are maintaining that 3% of EU law. My right hon. Friend has helped to answer the question that my hon. Friend the Member for Lichfield (Michael Fabricant) posed.

There will be a binding statutory obligation in domestic law on Ministers to pull the brake when a valid notification is provided by 30 MLAs. These regulations will add a new democratic scrutiny schedule to the Northern Ireland Act 1998 to codify the brake in domestic law. The UK Government must—let me repeat that: they must—notify the EU when a valid notification of the brake has been provided by MLAs. This is an important new function for Members of the Assembly, and it is vital that they exercise this new function with the right information and expertise. After consulting with Northern Ireland parties, these regulations provide for a standing committee of the Assembly to properly scrutinise the relevant rules.

[Stephen Farry (North Down) (Alliance)]

I am treating today’s vote as a recognition of the wider package and voting for it, with the Government.

The democratic scrutiny committee is new to the Assembly and will require a lot of resources, as will the necessity of engaging with Brussels on the development of new law from first principles. Will the Secretary of State have a conversation with the Assembly about the potential for new resources, to make sure it can fully do this job?

[Chris Heaton-Harris]

I very much look forward to having that conversation with a fully functioning Assembly and Executive.

Some have described this as a consultative role for MLAs, but it is not. It is a robust power for MLAs to stop the application of amended EU rules, a power that neither the UK Government nor the European Union can override, provided that the conditions in the framework are met.

Some have claimed that the EU must have some means of blocking the brake. These regulations demonstrate that the process is entirely one for the United Kingdom. The process is firmly and unambiguously within strand 1 of the Belfast/Good Friday agreement. There is no role for any institution outside the United Kingdom, whether that be the EU or anyone else, in determining whether the brake is pulled. It will be for the UK alone—for its sovereign Government, alongside elected MLAs—to choose whether the brake is pulled.

Some also claim that the Government might simply ignore the brake. These regulations make it clear that the Government have no discretion. MLAs cannot be ignored. Valid notifications of the brake must be notified to the European Union. The Government’s actions will be subject to all the normal public law principles attached to decision making. For the avoidance of doubt, the regulations are clear that the prospect of any remedial measures by the EU cannot be a relevant factor in the Government’s determination.

It is not enough simply to allow MLAs to temporarily halt the application of a rule, but then allow the United Kingdom Government simply to override them when the joint committee decides whether the rule should be permanently disapplied. So these regulations go much further and provide a clear, robust directive role to determine whether the Government should use their veto or not. Unless there is cross-community support in the Assembly, Ministers will be legally prohibited from accepting an amended or new EU law that creates a regulatory border between Northern Ireland and the rest of the United Kingdom, except in exceptional circumstances.

Let me be clear: “exceptional circumstances” means just that. The threshold for that exception is unbelievably high, and a Minister invoking exceptional circumstances must be able to defend that decision robustly and in line with normal public law principles. What is more, a Minister must account to Parliament where they have concluded that exceptional circumstances apply, or where they consider that a measure would not create a regulatory border. This represents one of the strongest statutory constraints on the exercise of ministerial functions under a treaty ever codified in our domestic law.

[Colum Eastwood]

Would the Secretary of State just confirm to the House: if there is no Stormont, will there be a Stormont brake?

[Chris Heaton-Harris]

The brake cannot even start to be a thing until Stormont goes back and the Executive function.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

I thank the Secretary of State for setting out how the brake will operate. Will he join me in urging those considering these proposals before the House today to note that, for many years, people said it was impossible to have an application to stop the ratchet of EU law and to keep Northern Ireland in the Union?

[Chris Heaton-Harris]

I absolutely agree with my hon. Friend. I was also told that this would be an impossible ask. Throughout my time in the European Parliament and, indeed, as chairman of an illustrious body of MPs in this place, I never thought this would be achievable, yet the Government have managed to achieve it.

These regulations could scarcely make things clearer. The overwhelming presumption is that, unless the Assembly says yes, the Government must say no.

Finally, as with any international agreement, if the EU considers that the UK has improperly pulled the brake, it may choose to initiate a dispute, but we need to be clear that any dispute could only arise after the rules have been disapplied in Northern Ireland, and the resolution of that dispute would be for an arbitration panel. The European Court of Justice would have no role in resolving a dispute.

These regulations make the case for functioning devolved institutions in Northern Ireland even more compelling. The measures will become operable only when the institutions are restored. Denying the people of Northern Ireland will not only deny them the basic right to an effective, stable Government but will deny them full democratic input into the laws that apply to Northern Ireland, and that denial cannot be justified.

These regulations give domestic legal effect to this democratic safeguard and restore the UK’s sovereignty. We should consider carefully how we vote on this measure, without which Northern Ireland would continue to have full and automatic dynamic alignment with EU goods rules, with no say for the Northern Ireland Assembly and no veto on amending or replacing those measures. That is an intolerable situation, and I urge all hon. and right hon. Members to vote to end that full and automatic dynamic alignment. I therefore commend these regulations to the House.

[Mr Speaker]

I call the shadow Secretary of State.