United Kingdom Internal Market Bill

Claire Hanna Excerpts

Monday 21st September 2020 Commons Chamber

[Sir Robert Neill]

I must press on now, and not take any further interventions for some time out of respect for others who wish to speak in this debate.

The Government now accept that they must come to the House and make their case. I think that they recognise that that case would have to be a persuasive one, and that the level of breach by the EU—which would have to be a breach of its obligation of good faith, which in turn would be a breach, it seems to me, of the obligations under article 26 of the Vienna convention to operate in good faith—would have to be made out before I and many others would be prepared to vote for such a course, because of the potential consequences for our international reputation and standing. That is why I am prepared to adopt the formulation of the Lord Chancellor that such a thing might be acceptable in extremis. This is not a carte blanche for the Government, and, in fairness, I do not think Ministers have ever taken it as such; I think they know that it weighs heavily to do such a thing. If the Government move amendment 66 at the relevant stage tomorrow, I will be prepared not to press my amendment, but it is to give the Government the chance to make their case as to why such an exceptional step should be necessary.

It is not wise or constructive to conflate the positions of domestic and international law in this debate; they operate in different spheres, and much of what we are looking at would be in relation to treaty law. A test that is not dissimilar—although it can never be exactly the same—to those considered in the Vienna convention is, therefore, not out of the way.

I welcome, too, the fact that the Minister indicated that the measures that would be initiated would include the arbitral provisions under the protocol to the withdrawal agreement. To try to oust those provisions would be a material breach of the agreement on our part, and would be unconscionable. Under certain circumstances the timeframe for that might not be capable of being resolved in such a way that we might not have to take some proportionate and temporary action ourselves to safeguard a vital interest, but I am sure the Minister and the House will note that I choose my words carefully in all those regards. This is not a green light to treating our international obligations lightly or cavalierly; it is an opportunity for the Government to justify why it might be necessary. One cannot give undertakings as to what that might be until we have seen the evidence at the appropriate time, and I am sure the Government know that, too. But I hope that in practice this also has the desirable effect of enabling the negotiations to proceed and, at the end of the day—with good faith on both sides, which I hope, underneath, is still there—we can get an agreement with the European Union and leave on the terms of a deal. That may not be as good as I would have liked, but much of what I have been doing ever since the referendum is trying to mitigate a circumstance that I did not wish for but which I believe has to be addressed head-on for the sake of the country. If we can achieve an agreement, I hope these provisions will be otiose and we will see no more of them. The rest of the Bill is necessary because we need a proper and efficient working of our internal market once we leave the European Union. Therefore, my other motive for adopting the course that I have is not to obstruct the rest of the Bill needlessly.

It is in that spirit—which has, in fairness, been reflected in my exchanges with the Minister—that I set out the case for why the amendment is important to debate and to consider. If the Government are able to deliver in the terms that we have discussed, I will give them the chance to make their case, if it ever be necessary, in the profound hope that we never actually get to that.

[Claire Hanna (Belfast South) (SDLP)]

I rise to commend to the Committee amendments 46 to 48, amendment 41 and new clause 7, which stand in the name of the hon. Member for North Down (Stephen Farry).

There has been so much invocation of the Good Friday agreement, in favour and against the measures in the Bill, that I think it bears repeating some of what is and is not contained and implied in that generation-defining agreement. Those who have read the agreement will know that it does not really talk all that much about borders, trade and internal markets, because, frankly, the EU had settled all those things, and in 1998 the prospect of either Government choosing to leave the security, opportunity and prosperity of the EU would have been considered insanity.

Violence was the reason for the continuing fortifications. The Good Friday agreement was the document that articulated most clearly the argument, which had been made by John Hume and others for so many years, that violence was neither needed nor justified. It took the gun out of Irish politics and ensured that the purported justification of those behind the violence was addressed. The agreement was then endorsed by the people of Ireland, north and south, in overwhelming numbers, and endorsed by both Governments, as the only way to achieve your politics. It took away the excuse and put peaceful constitutional views to the fore. It meant that Unionists, nationalists and others could have their views with dignity and that we all had a decent pass forward.

The Good Friday agreement does not say much about borders and trade, but it does say a lot about relationships, aspirations, consensus and respect, and I think that those are the values that unfortunately have been most damaged and will be most damaged by the Bill. The declaration that accompanied the agreement—

[Ian Paisley]

Will the hon. Member give way?

--- Later in debate ---

[Claire Hanna]

Do you know what? I will give way, but only once, because for a few years your party held court here, and they were terribly damaging years for Northern Ireland, and it is time that the majority voice, which is against these proposals, was heard.

[Ian Paisley]

I am delighted that the hon. Member has given way. She casts a considerable aspersion on the Members of her party who were here for several years, but who obviously did not do as good a job in the House as she now purports to be doing, but I will leave that thought with her. Her party is in a coalition Government with my party and with Sinn Féin at the present time—obviously her words about co-operation will now ring very true indeed. Given that her party is in that coalition Government with Sinn Féin, is she actually telling the House that she believes that Sinn Féin or others are on the cusp of going back to terrorism because of what is happening here tonight?

[Claire Hanna]

No, obviously I am not. Only somebody with absolutely no understanding or who is so disingenuous would ask the question of where the violence comes from as if just a hope is a good enough reason to ride over a solemn peace treaty. Only somebody who either misunderstands or misdirects people would ask such a disingenuous question, and ask it repeatedly. We know that unfortunately there are many people of different political hues who have always sought to use violence as an excuse. That is why my party and others did the heavy lifting to ensure peace, while your party stood outside, waved placards and did everything it could to thwart the Good Friday agreement. So I will take no lectures or disingenuous questions, thank you very much.

The Good Friday agreement did talk about democratic and agreed arrangements, the democratic process and the primacy of the rule of law. It talked about close co-operation as friendly neighbours and partners in the EU. Each strand of the agreement has been damaged by the last few years, and they will be damaged further by the Bill. Strand 1, which deals with internal relationships in Northern Ireland, is damaged by injecting these binary choices and by trespassing into the devolved field. However, I will not, for reasons of time, go over the points that I and others made last Wednesday evening, about what undermining the devolved settlement might do.

Strand 2, which deals with relationships on the island of Ireland, will be utterly undermined by the creeping borderism that will follow from the Bill and the disruption of the north-south frameworks. Strand 3 deals with the east-west relationships, which clearly have been strained almost to breaking point over the past few years. It is because of the primacy of relationships that barriers to trade and aspiration offend the Good Friday agreement. Those who are seeking to say, “It isn’t written down anywhere, so there is no problem here” need to understand that.

The SDLP profoundly regrets the development of any barrier—east-west; the border in the Irish sea—for reasons of trade and economy, but also because we understand that borders have symbolic meaning to people, and we understand that this is particularly hurtful and egregious to those of a Unionist or British identity.



We have enjoyed, for the last 20 years, interdependence and free movement east, west, north and south, and it is Brexit and these decisions that are forcing the choice. It is not re-fighting the last campaign to remind people that the problem is not the protocol, it is not the EU and it is not uppity Irish nationalists, but it is this Government’s failure to choose between a higher degree of alignment with the EU, which offends the European Research Group, the ability to diverge, which will upset and offend people of a Unionist background, and the nuclear option of forcing a hard border on the island of Ireland. Quite clearly, the last two weeks have shown and give some reassurance that the UK will have no trading partners if that is the course it chooses.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

The hon. Member says it is not the fault of the EU, but can we just remind ourselves that it was the United Kingdom Government who gave an absolutely cast-iron guarantee that we would put up no infrastructure on the border between north and south in Ireland? It was the EU that kept threatening to do that, even though alternative arrangements could be developed to obviate that need. I fail to understand why people just do not want to believe that, except that they want to blame the United Kingdom Government, not the EU.

[Claire Hanna]

It is funny, but we do not hear so much about the alternative arrangements, and this from a party that has us all queuing around the estate because it could not put in place any alternative arrangements for voting. We heard a lot about them for a lot of years, but the magic sovereignty dust that was supposed to solve all of our problems has not yet been produced.

However, it is true that the choices, and they are very difficult choices, are being forced by that Government. We wish that the Government had picked the first of those options. We wish they had picked a higher degree of alignment with the EU, but they did not, and they cannot keep reopening the wound every time they try to deal with the contradictory promises they made. Whatever Bill the Government bring in, the choice will be the same. You cannot opt out of the biggest free trade bloc in the world and then feign shock when the trade is not completely clear, and you cannot refuse to do the first of the two things and then pretend that they are going to happen.

To suggest that any of this is about protecting the Good Friday agreement or the people of Northern Ireland is beyond a parody. We have worked intensively with businesses and other parties to try to address some of the barriers that we accept will exist, but we have to remind the House and others that it is this Government’s choice and the failure of the DUP for the last three years to do anything about those choices that has brought us to this point, and people must own those decisions. The Joint Committee is the place to address those difficulties and those operational issues, and there are the dispute mechanisms.

We see and we very much acknowledge the anxiety that east-west barriers to trade create, but even with the politics and the identity issues stripped out, it is a regrettable fact that the sea border is more practical and more manageable than a border across the island of Ireland, given that there are three such points of entry into Northern Ireland and 108 border crossings between the Republic of Ireland and Northern Ireland. I do not say that to be hurtful; I say it because it is true.

I bit my tongue several times during the speech from the hon. Member for Belfast East (Gavin Robinson), whose opinion is always considered. I bit it for a number of reasons. Not only because of course your party opposed giving a consent mechanism to the Northern Ireland Assembly on article 50 and opposed giving consent on the sequencing, but because you speak about the sequencing. We have seen what has happened with the gamification of the sequencing and the gamification and using of Northern Ireland as a pawn by the UK Government in order to achieve outcomes and to justify no deal. The last thing I had to bite my tongue about was your saying that the petition of concern is not used as a veto. Members can look it up, but your party has used it 86 times. It used it numerous times to veto, for example, equal marriage for absolutely no reasons of offence to the United Kingdom.

[Gavin Robinson]

I think the second-last point—the penultimate point—was right, and I agree with the hon. Member. However, on the petition of concern and the cross-community voting mechanisms, she knows the reason they are there. She does not like it when people use them for reasons that she does not agree with, but she knows the reasons they are there. We were not the only ones to use it. We do not have the power to use it by ourselves. But the aspiration for us all must be building consensus.

[Claire Hanna]

It certainly should. I am not going to rehearse the figures, but I believe that the Democratic Unionist party used the petition of concern approximately two thirds of the time. You do not have the power to use it now because the electorate took that power off you, because it was wielded inappropriately so many times. I am acknowledging very clearly the barriers and impediments that this will create and the intentions of many to try to address those, but whatever the value of trade east-west—I see and acknowledge that value, but it is often cited by people who seem to know the price of everything and the value of nothing—the reality is that there are more people and more units that move up and down the island than move between the two islands. In fact, after 1 January next year, there will be more external crossings into the EU on the island of Ireland than there will be in the rest of the continent’s borders.

Those who support the Bill and the last few years of poor decision making have to acknowledge the intellectual and moral failure in a position that says that a border down the Irish sea is absolutely impossible technically and impossible to bear politically, but that somehow forcing one on the island of Ireland is dead-on, that we can deal with that with a bit of administration and that people are being overly sensitive. Imperfect though I acknowledge the protocol is, it is the baseline protection against the border, so repudiation of the protocol therefore makes a border a lot more likely, and inevitable.

I agree with the right hon. Member for Maidenhead (Mrs May)—we believe that the clauses we are dealing with today are irredeemable—and I appreciate her interventions very much. Over the few years that she served as Prime Minister, while I frequently did not agree with what she said, I could always acknowledge that she was trying to respect the sensitivities. I respect those who are trying to manoeuvre their party to the right place. I know that that is a very difficult thing to do, particularly when 21 decent MPs were sacked for refusing to vote for the previous Bill, and now they will be sacked if they do vote for the withdrawal agreement—I think that is the sequencing of things.

The amendments that we have tabled seek to protect the protocol and put the commitment to the Good Friday agreement into the Bill. While I appreciate the Minister’s words, my hon. Friend the Member for Foyle (Colum Eastwood) has made it clear that the words do not mean anything if you refuse the opportunity to give it legislative effect. Amendment 47 tries to put in place an understanding and an assurance that all of the Bill’s operation will be compatible with all the legislation that underpins the Good Friday agreement. While the UK’s intention is clear—I accept what it is trying to do, but I think it is doing it inappropriately and I do not think it will work—it is about rejecting EU jurisdiction, and the fact is that because of the international treaty that is the Good Friday agreement, international law has jurisdiction in Northern Ireland. That is welcome, and the rights and safeguards in the equality of opportunity section of the Good Friday agreement confirmed the incorporation of the convention on human rights into Northern Ireland law, with direct access to the courts and remedies for breach of the convention, including power for the courts to overrule Assembly legislation on grounds of consistency. That point is echoed again in strand 1 of the agreement, and it must be very clear that my party, certainly, could not and would not have signed up to the Good Friday agreement without those commitments, but this Bill casts them into the wind.

It is clear that we are not talking about narrow and specific breaches. These are going to be open-ended and unchecked powers, and there will not be any qualifications or consultations to test their basis. I sought assurances on Wednesday night from the Minister that there would be limits to the powers, and I did not receive that assurance.

Members may think that this is all a big game of chicken, or a negotiating strategy or whatever with the EU. I urge them to remember the words of the late John Hume, a former Member of this House, who said very clearly, “Victories are not solutions”. The agreement that he designed talked about the obligations of the British and Irish Governments to promote the harmonious and mutually beneficial relationships between the peoples of these islands. I dearly hope that that can somehow still be our future. We are all in the business of trying to deliver solutions for our constituents. I appreciate that some of you are trying to deliver a Brexit and your Brexit deal, however ill-advised I think that is. I am trying to deliver stability and reconciliation in Northern Ireland, but I believe your Bill prevents both of us from proceeding.

[Several hon. Members rose—]