United Kingdom Internal Market

Gavin Robinson Excerpts

Thursday 1st February 2024 Commons Chamber

[Theresa Villiers (Chipping Barnet) (Con)]

The important statutory instruments that we are discussing today are the latest in the process of implementing the result of the 2016 referendum to leave the European Union. They may not have attracted the same volume, attention or emotion as those endless meaningful votes in 2018 and 2019, but they are no less important. This has been a long and difficult process that has divided the nation, but the end goal of restoring our status as an independent, self-governing democracy has been a prize worth fighting for.

For centuries, Members of this Parliament strived to ensure that we would be governed only by the laws made by our own elected representatives, and that is what Brexit seeks to deliver, but we all know that the job is not yet finished when it comes to Northern Ireland, so I pay tribute to the Secretary of State, the Minister and the DUP for their work and determination to tackle the problems with the Windsor framework and secure Northern Ireland’s place in the UK internal market. I very much welcome the advances being made towards the restoration of power sharing and devolved government, and I accept that the statutory instruments are an important part of enabling that to happen because of the significant changes they contain.

Of course, I completely understand the DUP’s concerns regarding the Northern Ireland protocol and the Windsor framework. We must do all we can to minimise trade frictions between Britain and Northern Ireland. The agreement on the Windsor framework started that process—for example, by making the movement of medicines, food and items for retail sale much less problematic. I believe that further improvements will be delivered by the deal that we are looking at today, which will further reduce checks and inspections. My concern is that the central problem remains that Northern Ireland is subject to single market rules without having a vote on them. The instruments we are considering do not change that, although I welcome the important further clarity and safeguards offered on the Stormont brake.

Dialogue with the EU has to continue so that ultimately we can move to a situation in which only items destined for export to the south are subject to EU rules and regulations in Northern Ireland. With pragmatism and advancing border technology, that should be possible. It is important that we continue to strive to bring that about, so that we can restore democratic control over making our laws in every part of our United Kingdom and Brexit is fully delivered for Northern Ireland, as it is for Great Britain.

We also need assurances from Ministers that nothing in regulation 3 of the Windsor Framework (Constitutional Status of Northern Ireland) Regulations will prevent regulatory divergence between Britain and the EU. Of course, any responsible Minister must consider the impact of his or her decisions on the unity of the UK and its single market, but new screening obligations must not be allowed to create a chilling effect, which would stop us charting our own course with regard to how we regulate our economy. Taking back control of making our own laws was a key reason that people voted to leave the EU. We have yet to fully deliver that for Northern Ireland and, as I have said, we must go further on it in the future.

[Gavin Robinson (Belfast East) (DUP)]

I am grateful to the right hon. Lady for the conversations we have had on this specific point. She is right to highlight her concerns and to seek assurances from the Government, but she does accept that it is right to get assessments; that it is right that Governments should always be going through the process of assessing the impact of their decisions on every part of this United Kingdom; and that there is nothing wrong with transparency, with knowing any possible consequence, nor—if that potential consequence is negative—with all of us determinedly trying to ensure that it does not arise.

[Theresa Villiers]

I thank the hon. Gentleman for that intervention; the dialogue that he and I have had over recent days has done a lot to reassure me that this package is about transparency, not a block on divergence. I hope the Minister will confirm that in his closing remarks, because divergence is important. The regulatory reform made possible by exit is, I think, crucial for our future economic success. By making us more competitive, modernising regulation is a key means to boost growth, raise living standards and reduce taxes.

In conclusion, it took courage and determination from Northern Ireland’s elected leaders to secure peace after three horrific decades of terrorist violence. Asking very different parties to sit in a permanent mandatory coalition was never going to be easy, not least because some of the divisions between them date back decades, or even centuries. That devolved government has worked for so much of the past quarter of a century is a testament to Northern Ireland’s leaders and their determination to make the ’98 settlement work—to make Northern Ireland work. I pay particular tribute to the DUP in that regard: for so often it is they who have found ways to fix problems and keep devolved government going, while always safeguarding Unionist principles.

We in this House must recognise the significant problems caused by the Northern Ireland protocol and the Windsor framework—including, of course, what the courts have described as a “subjugation” of article 6 of the Act of Union of 1801—but, as we have heard today, we are making real progress on tackling these issues by setting out in the statutory instruments stronger legal protections for access to the GB market. I also think that the historical perspective, as set out in annexe A of the Command Paper, is something that everyone should read. We are making progress on remedying these problems.

It was a privilege for me, as Secretary of State for just under four years, to play a part in Northern Ireland’s inspiring story, and I truly hope that a way can now be found for its devolved institutions to resume their work of taking Northern Ireland forward to further success and an even brighter future.

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[Gavin Robinson (Belfast East) (DUP)]

Thank you, Madam Deputy Speaker. I would be very happy to let my colleague in if she wishes to respond to the hon. Member for Aberconwy (Robin Millar).

[Carla Lockhart]

I think it needs to be reiterated that if the people of England, Wales or Scotland woke up tomorrow morning and found that they would have to stand for election to try to stop laws in 300 areas being imposed on them by a foreign Parliament, it would be outrageous and seen as outrageous by this House. That point should not be lost on this gathering.

[Gavin Robinson]

I am glad that I allowed my hon. Friend to make that intervention even though the hon. Member for Aberconwy had brought his contribution to a conclusion, because that is an important point.

In the context of the UK Parliament, I am proud to stand in support of the SI before us, and to recognise the efforts over the past number of years to deal with what was imposed on us and the people of Northern Ireland by colleagues in this Chamber and by a Government, arising from the arrangements reached in the withdrawal agreement and the Northern Ireland protocol. A series of measures were taken designed to encourage those who did not overly concern themselves with the position in which they had left Northern Ireland, to redress the harm done.

Today is, in many ways, a culmination of part of that process, but not an end to it. For the past number of years, my colleagues and I have stood firm in this regard. We have taken a principled position about the imposition of the Northern Ireland protocol and the harm it has caused our country and our place within our country, and have worked determinedly for solutions.

[Paul Girvan]

On the damage done, and the diversion of trade between Northern Ireland and the Republic of Ireland, many suppliers have found that it was easier to get products from the Republic of Ireland because UK suppliers were fed up with the bureaucracy they were encountering. A job of work needs to be done with UK suppliers to ensure they can bring back that trade.

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[Gavin Robinson]

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

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

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

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

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

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

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

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

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

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

[Stephen Farry (North Down) (Alliance)]

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

[Gavin Robinson]

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

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

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

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

“Accordingly, this Act—

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

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

Subsection (3) says:

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

(a) the mutual recognition”.

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

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

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

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

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

[Madam Deputy Speaker (Dame Rosie Winterton)]

I have three more Members wishing to speak. I want to bring the Minister in at 3.18 pm, so perhaps people could bear that in mind.