Northern Ireland

Gregory Campbell Excerpts
Monday 26th February 2024

(1 month ago)

Commons Chamber
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Jeffrey M Donaldson Portrait Sir Jeffrey M. Donaldson
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I thank the right hon. Lady for her intervention and for her ongoing interest in Northern Ireland, which is always great to see. She is right. Intertrade UK will cover not just issues related to the availability of goods in Northern Ireland, but trade across the UK, between Scotland and England, England and Wales, and so on. It is designed, in the new environment we find ourselves in, to encourage greater trade within the United Kingdom. We have a market in the United Kingdom in the region of 60 million people. It is the second-biggest market in Europe and we should be selling more of our own goods to our own people. The purpose of Intertrade UK is to encourage those enhanced, stronger trading links across all of the United Kingdom. Of course, the Union is not just a political union; it is an economic union. It was the economic union in particular that was harmed by the protocol. The new measures are designed to restore those trading relationships to a more healthy place.

In welcoming the restoration of the devolved institutions, it is important to recognise that one key difficulty with the protocol was the lack of democratic input for the political institutions in Northern Ireland. Laws were being applied automatically to Northern Ireland—new laws and changes to the law—on which Northern Ireland had no say whatever. We welcome the establishment of the Democratic Scrutiny Committee in the Northern Ireland Assembly, which will now have the function to scrutinise laws that are coming forward. It will have the power to stop those laws applying, as I said earlier. The UK Government ultimately have the power of veto if laws are deemed to be harmful to Northern Ireland’s place within the United Kingdom and its internal market. That is all progress.

I note that some who were critical of the new arrangements and said that the new Democratic Scrutiny Committee was powerless now complain that they are unable to obtain membership of it. Furthermore, I note that some of our detractors now talk about the risk of what they call “trivergence” whereby if the Assembly, exercising its power, vetoes a new law being applied to Northern Ireland, all of a sudden that might create a problem in so far as Northern Ireland will have different law from the EU and, potentially, different law from Great Britain. But in the new arrangements put in place as a result of the Command Paper, Northern Ireland goods will be available for sale in Great Britain regardless of the circumstances. There is a goods guarantee built into the legislation that this House has approved, which means that Northern Ireland goods, in all circumstances, can be sold in Great Britain. However, I note that those who said the new arrangements would be ineffective now complain that they will be so effective that they might be counterproductive when it comes to Northern Ireland’s interests. Which is it? Either they are effective or they are not. We believe that they can be effective, and we are prepared to test the new mechanisms to ensure that they protect the interests of everyone in Northern Ireland.

Let me make a few general points. We welcome the commitments that the UK Government have given about Northern Ireland’s place in the United Kingdom, including those given from the Dispatch Box this evening, but I also note that we hear much talk about border polls, and much talk, particularly from Sinn Féin, about the need for such a poll. It is worth recalling the history of Sinn Féin’s approach to border polls. As long ago as 2011, Gerry Adams told us that by 2016, Northern Ireland would leave the United Kingdom. We are almost 10 years on from 2016, and we are still in the UK. By August 2021, Gerry had changed 2016 to 2024; well, 2024 has arrived, and we are still in the UK. In May 2022, Mary Lou McDonald called for a border poll by 2027, but then she changed that to 2030, and just this month Michelle O’Neill shifted the Sinn Féin goalposts once again to call for a border poll by 2034. But they recognise the reality—that it is the settled will of the people of Northern Ireland to remain part of the United Kingdom—and all this talk of divisive border polls is designed simply to reassure the Sinn Féin base.

Gregory Campbell Portrait Mr Gregory Campbell (East Londonderry) (DUP)
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On our constitutional future, does my right hon. Friend agree that in the changed Northern Ireland that now exists, there are many of us who are proud of our British nationality and will never yield on that, while others are proud of their Irishness? Also, many do not share either constitutional identity. Only membership of the United Kingdom allows people to cherish all three.

Jeffrey M Donaldson Portrait Sir Jeffrey M. Donaldson
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I thank my hon. Friend for making that powerful point. The beauty of Northern Ireland today is that each of us has the right to identify ourselves in whatever way we deem appropriate, but it is evident that the vast majority of people in Northern Ireland continue to accept that the settled will of the people is to remain in the United Kingdom, and that should be respected by everyone, regardless of how they identify themselves. It is clear to me, however, that Unionists, myself included, have a job to do in continuing to persuade people that the Union is best for all. This debate is welcome, but neither Parliament nor the courts will ultimately decide Northern Ireland’s future. It is the people of Northern Ireland who will decide our future in the United Kingdom, and our job as Unionists is to continue to persuade the majority that they are better off in the United Kingdom.

Let me say this, with great respect, to my colleagues, not on these Benches but out there in wider Unionism, many of them detractors of us in the DUP—those who attack my party and the stand that we are taking, because we recognise that building a prosperous Northern Ireland that works for everyone is the key to securing the Union for the future. Let me say to those who are a minority in Unionism, but who still live in the days of the 1970s when Unionism had an inbuilt majority, that Northern Ireland is changing. Its demographics are changing. We need only look at the results of recent polling to see that.

Unionism has to recognise that among younger people, support for the Union is not as strong as it is among more senior citizens in Northern Ireland. Our task is to persuade our young people, the next generation, that the Union works for them The way we did it in 1970 is not the way we will do it now in 2024, or in 2030, or in 2034. It is a prosperous Northern Ireland—a Northern Ireland that delivers jobs for our young people, and ensures that they have the best education and the best start in life—that will deliver support for the Union. That is fundamentally and vitally important.

The signs are good in that regard. Today Northern Ireland has less unemployment than any other region in the United Kingdom outside London, which is an impressive indicator of the extent to which it has moved forward from the days when unemployment was beyond 12% and we had the highest unemployment in the United Kingdom. That is what making Northern Ireland work looks like. Making Northern Ireland work looks like delivering jobs for our young people, driving down unemployment, improving our economy, creating jobs and attracting investment, and the new arrangements that we are introducing give us an opportunity to do that even better in the future.

Those are the arguments that will secure the Union for the future, and Unionism needs to do better. We can be proud of a Northern Ireland that is delivering in terms of its manufacturing industry. One in three aircraft seats in every aircraft across the world is manufactured in Northern Ireland. Every Airbus wing includes components manufactured in the constituency of my hon. Friend the Member for Belfast East (Gavin Robinson). We have a world-class creative industry, as is clear from the number of new films being produced in Northern Ireland. We have a talented workforce, and the costs of establishing a business in Northern Ireland are 40% lower than those elsewhere. We have unfettered access to the UK internal market, and we have privileged access to the EU single market.

I therefore believe that there is a bright future for Northern Ireland, one in which our economy grows—and as it grows, support for the Union will grow, because who wants to disrupt what is successful? Who wants to move away from what makes Northern Ireland work for all its people? I stand here today with optimism for Northern Ireland, the place that I call home and am proud to come from. Its people have so much potential, and we have an opportunity now to demonstrate potential for all our people.

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Ian Paisley Portrait Ian Paisley (North Antrim) (DUP)
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The hon. Member for North Down (Stephen Farry) says that a glorified press release is in front of us tonight. The hon. Member for Foyle (Colum Eastwood), who is no longer in his place, said that a love letter to the Democratic Unionist party has been penned. They say that is all it is, yet they still protest. They protest if Unionists get as much as a nod and a wink. They still object to it. It should not have been done, they say. Unionists should get nothing out of this place. That is the import of their comments. Or perhaps the hon. Members for North Down and for Foyle protest too much. Perhaps the real issue is that they do not like anything done that gives Unionism a nod or a wink, an advantage, or recognition of our rights. Their objections are perhaps strongest to the latter.

Points have been raised this evening about the future of Casement Park. I was not going to mention it, but as it has been put on the agenda, I think I will. Most people listened with consternation this morning to the words of Jarlath Burns, the leader of the Gaelic Athletic Association, who said, “Not a penny more will come from the GAA for Casement Park”—not even on grounds of inflation. It is £15 million or nothing from the GAA. That has to be a significant body blow to the future of Casement Park. The Northern Ireland Executive may indicate that they will give an inflation-related piece of money—significant money—to that project. The Government of Dublin may indicate that they will give multiples of millions to that project. Yet the GAA will not even give the project an inflation-linked amount. That suggests to me that perhaps the GAA does not want Casement Park to go ahead, and that it is looking for someone or for some group to blame. [Interruption.] I hear the giggles and fits coming from the SNP Benches, but of course it is very easy to spend other people’s money. This project now looks as if it will be short by about £100 million.

Tonight, I have heard that we should really be able to wipe out the “not insignificant”—I think that was the comment—£113 million in Executive funding that has been asked for, yet the big ask is: “We’d better have this money made available for Casement Park,” no matter what the amount is. That is amazing. Not only do we have a demand for this money, but it is almost as if the point being made is, “If you don’t give us that money, there will be a crisis.” That seems to be the way that the comment was framed to the House this evening. Most people will reflect very sombrely on the comments made by Jarlath Burns, and by others inside and outside this House who have made it clear that the money must be made available or else. But things can no longer work that way. Difficult decisions need to be made, and I suspect that the decisions that will be made very soon about Casement Park will be incredibly difficult. The way the parties respond to those difficult decisions will be the measure of those parties.

The Minister was taken down a rabbit hole tonight by the hon. Member for Foyle, who, again, is no longer in his place. Perhaps he has decided to go back to Foyle, given the terrible issue at Seagate and the loss of 300 jobs. I hope that he is working hard to get those jobs back, because they are very significant. Perhaps Mr Kennedy, the envoy, will turn up with a cheque book and the trillions of pounds that he said were available for Northern Ireland—it would be amazing if he did. Perhaps that money from America will arrive and those jobs, which are very important to the area, will be saved.

To return to my point, the Minister was taken down a rabbit hole and was asked to confirm whether, in line with the terms of the Belfast agreement and the Northern Ireland Act 1998, there would be a simple majority vote for the future of Northern Ireland, but of course that is not in the Act. It talks about a majority vote; it does not define what that majority is—if it is a majority of the people, or a majority of the people who vote. In fact, I believe that the definition has been left open purposefully, so that Parliament will have a say on the terms and conditions. The Minister, referring to previous referendums in this country, has already conceded that a small majority is not the way to make major constitutional change in this nation. If he believes that, he will certainly believe that for the outworkings of the Belfast agreement. He shares the position of the late Seamus Mallon, one of the negotiators of the Belfast agreement, who made it clear that there had to be a “clear majority”, in his words, for a change to the constitutional position of Northern Ireland. We should avoid going down these rabbit holes; we need to recognise the importance of what this House is debating tonight, and why we are debating it.

The objective of every Unionist is to undo the damage done by the great betrayal made by the Government of a former Prime Minister when they agreed the protocol on Northern Ireland. That was done against the advice of the Unionists. Unionists on these Benches, myself included, met the then Prime Minister and implored him not to go down the road of a protocol. He said that things would all be sorted out. He came to County Antrim and told farmers not to worry, “because all this can be shredded.” He told them that we can ignore it, and that we can throw the bits of paper in the bin. Of course, as it transpired, the Prime Minister’s betrayal of Northern Ireland has left us still debating this issue two years later. Untold damage has been done to the psychological view of where those in the Union are, as a people. Responsibility for the economic position of the kingdom lies four-square at that Government’s feet, and it is important that they undo that damage.

I agree with the leader of our party that, after much diligence, we have before us a work in progress. Yes, much more must be done. Today’s Humble Address must be seen in the context of more needing to be done, but the fact is that whenever we give a hint that we want more progress and more stability, we cannot even have that. That seems to be the cry from the nationalists. Nationalism has to grow up and recognise that it cannot go on baiting and pushing at Unionism, because that is wrong.

Until the laws promised by this strengthening of the Union are operational in Northern Ireland, problems will remain for Northern Ireland trade. That is why I urge the Government to hurry up, and get on with implementing the changes that they have said are coming; otherwise more divergence is threatened. We must avoid divergence. It remains a threat and an ever-present danger to the Union, which is why the sooner the Government legislate and move on these issues, the better. Unionists have a history that means that we always have to remain vigilant.

As this is a work in progress, and as the Government, in previous utterances from the Dispatch Box, have conceded that more legislation is to follow, it would be worth while for them to state that again from the Dispatch Box this evening. They cannot expect one party in Northern Ireland to do all the heavy lifting. Will the Government therefore spell out when further actions will be put on the calendar? When will we see those further actions? In conversations with my party colleagues and party leader, we have already discussed the necessity of implementing what has been promised, and the need to make more progress. It is okay us talking about it, but the Government have to take action.

Our constituents already feel the vice-like pinch of the protocol and the framework on their businesses, as my right hon. Friend the Member for East Antrim (Sammy Wilson) outlined. I intend to put on the record some examples that really perplex me and should have been resolved by the Government, and which underline the ongoing damage to our UK single market trade—our largest market by far.

My party leader, my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson), and I have challenged senior civil servants in Northern Ireland over why the frictions continue when this place has spelled out that they ought to have been removed. Northern Ireland businesses are right to be impatient. We demand progress. We cannot live on the promise that a change is coming—the promise of jam tomorrow. We and this House demand actions now.

We urge the Government not to lose the momentum for change, and I therefore ask the following questions. When will the veterinary medicines working group be established, and when will it commence work? That is an urgent priority for our single largest sector. When will the plant working group be established? The right hon. Member for Witham (Priti Patel) raised that urgent matter. When will InterTradeIreland be established? What date is pencilled in and calendared for that important body to start operations?

What instructions have been given to the Department of Agriculture, Environment and Rural Affairs of Northern Ireland to progress the changes for goods flowing from GB to Northern Ireland? I ask because I know of several companies in my constituency and elsewhere in Northern Ireland that are being held back by these frictions. A constituent with a very small businesses that orders plants from an English wholesaler came to my office this week and said that she has been told, “Go elsewhere. Try somewhere else. Don’t buy from the United Kingdom.” As her MP, I volunteered to bring that stock—those samples and seeds—over in my hand luggage if she so requires, and dear help the official who tries to stop me.

Gregory Campbell Portrait Mr Gregory Campbell
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My hon. Friend talks about bringing material over himself. Can he imagine the incredulity of citizens of Northern Ireland who hear about the situation? They will say, “What possible risk could that pose to the EU internal market?”.

Ian Paisley Portrait Ian Paisley
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My hon. Friend makes his point well; there is zero risk to the European single market. In the same way, there is zero risk with veterinary medicines—the Secretary of State knows that well, because I have discussed the matter with him—because we are talking about the same medicine as before. Europe does not want the medicines changed—shock, horror. It just wants the label changed, but for that to happen, it is demanding that the pharmaceutical companies rescale and re-examine what is in every product, which would costs millions of pounds, and would not be worth it for the companies. It is the same with biscuits. The leader of my party today met a company that has been required to do certain labelling. The EU is not trying to change the content or recipe of the biscuits; it is trying to change the label, because the single market might be damaged by the wrong label. That is how “bent bananas”, “squared cucumbers”, this argument is. We should have left that behind long ago.

The owner of a haulage business in my constituency has had the number of checks on his consignments go from nine per month in August last year to—wait for it—27 in the last two weeks of this month, and we are still moving towards the last couple of days of February. That is the record for the number of checks he has undergone since the protocol was put in place. Once again, will the Government look at this over-zealous Department, DAERA, which looks like it will not undo what this House said has is to be undone, as was outlined in a previous debate?

I mentioned a constituent who is trying to buy scanners for a service sector industry. He has always bought the scanners from GB, and he has been told that he must have an economic operators registration and identification number. That number means that VAT is paid in the Republic of Ireland, but my constituent does not trade in the Republic of Ireland. He is being denied the ability to buy equipment from GB because some official here is saying, “No, you must have an EROI number, and you must put GB in front of it.” That does not exist, and it is appalling that he has been put in that position.

Northern Ireland

Gregory Campbell Excerpts
Thursday 1st February 2024

(1 month, 3 weeks ago)

Commons Chamber
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Gregory Campbell Portrait Mr Gregory Campbell (East Londonderry) (DUP)
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I am holding up the piece of paper.

Chris Heaton-Harris Portrait Chris Heaton-Harris
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I am afraid that the back of a postage stamp is too big to write what they have achieved. The right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) has achieved so much in this deal in safe- guarding the Union and his detractors have not come up with anything.

The changes the right hon. Gentleman has secured in these regulations and the other instrument before this House, which we will consider shortly, will further enhance those protections. The regulations end any presumption that there is any form of automatic and unchecked dynamic alignment with European goods rules. Section 7A of the European Union (Withdrawal) Act 2018, the so-called pipeline of EU law, is now expressly subject to the operation of vital democratic safeguards that the Northern Ireland Assembly, when sitting, will be able to exercise, including the Stormont brake. Indeed when— I emphasise when—Stormont begins to sit again and first assembles, I will be able to sign that Stormont brake legislation into law and it will be available to be used by the Assembly as we move forward. When Parliament passed the 2018 Act, it was exercising its sovereignty so that the UK-EU withdrawal agreement could be implemented in domestic law.

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Richard Thomson Portrait Richard Thomson (Gordon) (SNP)
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My party and I have never made any secret of our disagreement with Brexit and the manner in which it was delivered. That has certainly caused issues for us in Scotland. However, we broadly welcome the point that matters have reached today. It has been a long road. Having clarity about Northern Ireland’s constitutional status is, I believe, helpful, as indeed is the reaffirmation of the principle of consent, which is the basis on which many of us in Scotland, not just in Northern Ireland, understand the Union of which we are, willingly or otherwise, a part.

The manner in which Brexit has come about has, as I say, caused issues in Scotland. It has placed our own constitutional question back at the forefront and under renewed scrutiny, but despite the tensions that that has released, or brought about, politically, I hope that my party and I have been able to understand and empathise with some of the concerns of people in Northern Ireland, and not just over the way in which Brexit, as originally constituted, threatened to undermine the basis on which peace and progress had been secured over the previous quarter century.

I hope that my party and I have also been able to understand and reflect on the fact that aspects of the protocol have left Unionists in Northern Ireland in particular feeling that they have been in some way separated, or set on a course of being separated, from the UK. In that regard, as I have said on a number of occasions, we never considered it unreasonable in and of itself, in the light of experience, that the UK Government should seek to renegotiate, or to rework, aspects of the deal that had been put in place.

Although there were certainly opportunities to recast a deal which, I would argue, could have worked better in the interests of all parts of the UK—I would highlight sanitary and phytosanitary alignments as being essential to that—and while I regret that those options have not been pursued today, I do not begrudge Northern Ireland a single aspect of what has been agreed in recent days or what appears in the statutory instruments.

Gregory Campbell Portrait Mr Gregory Campbell
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The hon. Gentleman says that he does not begrudge us the achievement of some of the objectives that we set out to achieve. Does he agree that one of the advantages that we have and Scotland does not have is a 300-mile unclosable land border that makes virtual accommodation with access to the Irish Republic and onwards into the wider EU market almost impossible to prevent?

Richard Thomson Portrait Richard Thomson
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The border is certainly a complex one to try to police, and that has been at the forefront of many of the discussions. By contrast, we have what would be a very straightforward border between Scotland and England were it ever to take on international significance.

There appears to be something of a contradiction, in that Northern Ireland cannot conform to the requirements of the single market to maintain access there, and also the UK internal market, in the event of a future divergence. That brings to mind paragraph 146 of the Command Paper, which provides that

“the Government will legislate to require that a Minister in charge…must assess whether or not”

something

“has an impact on trade between Great Britain and Northern Ireland”

and make statements.

That contrasts with new section 38A (1) of the SI, which states:

“His Majesty’s Government must not ratify a Northern Ireland-related agreement with the European Union that would create a new regulatory border”.

A Minister might lay a statement before Parliament to that effect, but that does not mean that the Minister’s opinion will necessarily be shared, or make the statement any less subjective. Ministers might be capable of thinking six impossible things before breakfast, and indeed at times during the Brexit debate it seemed that that was a necessary qualification for office. Nevertheless, I would be grateful if the Secretary of State, in summing up the debate, could clarify how any such dispute might ultimately be determined and resolved.

With these publications, we appear to have reached something of a conclusion. It has been a thoroughly exhausting process, which has occupied talents and energies—not just in the Government and Parliament here, but across swathes of public life in Northern Ireland and beyond—that could, I believe, have been directed more productively. Much work has built up in the absence of an Assembly, but hopefully these provisions will allow for all the political mechanisms to bring the Assembly back. It is important for that to happen because a peaceful, prosperous Northern Ireland, at ease with itself, in control of its future and able to be respectful of all shades of opinion, is manifestly in the interests of all people in all these islands. To the extent that the statutory instruments pave a way towards restoring that state of affairs, we support them.

Northern Ireland Executive Formation

Gregory Campbell Excerpts
Wednesday 31st January 2024

(1 month, 3 weeks ago)

Commons Chamber
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Chris Heaton-Harris Portrait Chris Heaton-Harris
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Off the top of my head, I cannot give an example, because I have not yet needed to do that in the PBL—parliamentary business and legislation committee—as I have stated. The practical effect is one of transparency. I am aware that there are many Select Committee Chairs in this place. We want to ensure that when a Bill potentially has a substantial adverse effect on GB-NI trade and we are making those decisions, we are transparent about it and we tell people about it. The best way to do that is to inform this House through a written ministerial statement.

Gregory Campbell Portrait Mr Gregory Campbell (East Londonderry) (DUP)
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I thank the Secretary of State for his statement. I remind him that we have been pressing the Government for action rather than words for more than two years, but we welcome the fact that action has been taken, both on trading and the constitutional position. Does he agree that subsequent to the next few days, we need to continue to work to close the narrow gap that remains? We have made significant and substantial progress towards what we asked the Government to do. Will he also indicate to the wider community in Northern Ireland that even when someone gets a large number of votes, such as Sinn Féin, if they have a mantra that their day will come, it will also go with less fanfare?

Chris Heaton-Harris Portrait Chris Heaton-Harris
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I very much agree with the hon. Gentleman. I see all politics as a process, actually. All politics is an evolution. In the Windsor framework, there is provision for when matters are discussed about Northern Ireland in the Joint Committee—the body that looks at the EU-UK relationship, legislation and its effect—that the First Minister and Deputy First Minister can attend. We are not only moving on through Stormont returning, but we are ensuring that Northern Ireland’s voice is heard and that that process can continue.

Oral Answers to Questions

Gregory Campbell Excerpts
Wednesday 6th September 2023

(6 months, 3 weeks ago)

Commons Chamber
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Steve Baker Portrait Mr Baker
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I am glad to welcome the hon. Lady to her place. As she knows, education is devolved in Northern Ireland and it is a matter for the Education Department there to take these decisions, but her point is well made, and I am confident that, when she makes her first visit to Northern Ireland, like me she will be engaging with all parties on just such issues.

Gregory Campbell Portrait Mr Gregory Campbell (East Londonderry) (DUP)
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8. What recent discussions he has held with the Department for the Economy officials on electricity generation and supply after 30 September 2023.

Chris Heaton-Harris Portrait The Secretary of State for Northern Ireland (Chris Heaton-Harris)
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My officials and the Department for Energy Security and Net Zero are engaging with the Northern Ireland Department for the Economy to understand the facts and to assess any extra requirements. Energy is a devolved matter.

Gregory Campbell Portrait Mr Campbell
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I thank the Secretary of State for that response, but can he indicate to people who are concerned about recent newspaper speculation on the future of generation and supply in October and beyond that it is secure and that there will be no hiccup or hiatus between now and Christmas?

Chris Heaton-Harris Portrait Chris Heaton-Harris
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I thank the hon. Gentleman for his supplementary question. Northern Ireland benefits from being part of the United Kingdom with access to electricity from Great Britain through the interconnector, and it also benefits from being part of the single electricity market on the island of Ireland. I and the Minister of State worked hard to ensure that that was preserved during the UK’s exit from the European Union. We are working very closely with all officials across Government here and in the Northern Ireland civil service to ensure that the right preparations are in place for the winter.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Gregory Campbell Excerpts
I do recognise that this is a hugely difficult Bill and a hugely difficult task—an unbelievably difficult task—which is reflected in the number of valiant attempts made to address the issue since the Good Friday agreement.
Gregory Campbell Portrait Mr Gregory Campbell (East Londonderry) (DUP)
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The Secretary of State is outlining the difficulty surrounding this entire process. Given the convoluted, protracted nature of this for such a long time and given what inevitably will happen when this passes as it will, it will end up in the High Court. Does he understand that this will be an entirely convoluted, academic process that will end up nowhere?

Chris Heaton-Harris Portrait Chris Heaton-Harris
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I am afraid that I do not.

I was saying that a number of valiant attempts have been made to address this issue since the Belfast/Good Friday agreement. As I have reminded the House in the past, in one debate that I attended with some of the women who were behind the Good Friday agreement, one was asked what was her biggest regret about the time. The regret was that nothing was done for victims.

A number of these attempts were undertaken when the right hon. Member for Leeds Central was a Minister in Government. Indeed, I slightly worry about his brilliant academic mind and his recall for any of our future exchanges, but I know that he will remember all too well the difficulties and complexities involved in these issues. None the less, it is incumbent on us to ensure that any process for dealing with the past focuses on measures that can deliver positive outcomes for as many of those directly affected by the troubles as possible.

That comes—it really does—with finely balanced political and moral choices, including a conditional immunity process, which I acknowledge is difficult for very many, but we must be honest about what we can realistically deliver for people in circumstances where the prospects of achieving justice in the traditional sense are so vanishingly small. That is why the Government are unable to support the Opposition and will be disagreeing to Lords amendments 44D, 44E, 44F, 44G, 44H and 44J.

I will close my comments by recognising that the right hon. Member for Leeds Central has come to this debate with a fresh pair of eyes. Quite understandably, he has not had much more than 48 hours to go through what is a very detailed piece of legislation, but I know that he has followed these debates in great detail from the Back Benches. I know that in due course he will look at this and reach his own conclusions. I encourage him when doing so to reflect on the immense difficulty of this task, and to consider how the Government have genuinely sought to strengthen the legislation with encouragement from his party. He may also want to consider the toughest of all questions: if not this Bill, then what? I hope that upon Royal Assent the Opposition will engage constructively with the chief commissioner to help to ensure that the new commission can deliver the better outcomes for all those affected by the troubles that everyone across this House would like to achieve.

Question put.

Northern Ireland Budget (No. 2) Bill

Gregory Campbell Excerpts
Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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I am grateful to the Secretary of State for setting out the measures in the Bill. Northern Ireland Departments are in a challenging position, and this budget will at least give them some certainty to allow public services to remain functioning, but that should not take away from how this budget has been received in Northern Ireland. Civil servants, who have to make decisions based on it, are operating in the most difficult of circumstances. I pay tribute to them, as the Secretary of State did. They should not be in this position.

This Bill will not create new money, but will allow Departments and public bodies in Northern Ireland to spend within the limits the Secretary of State set out in the written ministerial statement in April. It confirmed that the Government will no longer require the £297 million overspend from the 2022-23 Budget to be repaid to the Treasury this year.

Before going into the allocations before us, it is worth reflecting on the situation in Northern Ireland and how power-sharing might be restored. On my recent trips to Northern Ireland, there has been a pervading sense that the Government have allowed things to drift since the celebrations for the 25th anniversary of the Good Friday agreement. We have a new agreement with the EU in the Windsor framework, but Stormont has not been restored. Indeed, the main purpose of the framework was supposed to be answering the concerns of the Democratic Unionist party so that Stormont could work again. When we passed the previous budget, there was a clear expectation that a new agreement would lead to the restoration of the Assembly and the Executive. Instead, Westminster has had to step in with the Northern Ireland (Interim Arrangements) Act 2023 and, now, this second budget Bill.

Gregory Campbell Portrait Mr Gregory Campbell (East Londonderry) (DUP)
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Was the hon. Gentleman’s attention drawn to a report in The Daily Telegraph on Saturday, where a Marks & Spencer senior executive pointed out that some of the issues they were promised would be resolved through the Windsor framework and the green lane and the red lane are far from being resolved?

Peter Kyle Portrait Peter Kyle
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I am grateful for the hon. Member’s intervention. He will know my personal view, which is that the outstanding issues relating to the Windsor framework and the protocol could be resolved from within the Executive and the Assembly. However, there are clearly outstanding issues. I hope that the Government will help to resolve them. They have said in various forms that they are willing to engage with different measures from legislation through to other sets of negotiations. I hope that they will happen apace and that the hon. Member and members of his party and all parties in Northern Ireland are as involved as is physically possible so that there can be the engagement that I believe was lacking in previous negotiations.

As an Opposition, we always want to be constructive when it comes to Northern Ireland, and I am grateful for the Secretary of State’s acknowledgment of that. We are concerned, though, that the wrong lessons have been learned from the Windsor framework negotiations. On Wednesday 21 June—for the benefit of our friends in Hansard, who are working so hard, I refer to volume 734—the Secretary of State said:

“The one thing that I did learn from the Windsor framework negotiations is that confidentiality in modern-day British politics and western politics is key in trying to get anything over the line.”—[Official Report, 21 June 2023; Vol. 734, c. 779.]

I am not sure that that holds true in the present circumstances.

There is a strong argument that the secrecy of the Windsor framework, after months of secret talks, left it lacking local ownership and local legitimacy. I understand that the Secretary of State is not going to spell out every detail of what the Government are doing, but providing some basic information would reassure Parliament, the public and, above all, people in Northern Ireland and those who represent them here in Westminster and in Stormont. I would be grateful if the Secretary of State confirmed whether he intends to bring forward primary legislation to address the Windsor framework. Is that still on the cards? He has mentioned it several times. I noticed in his answers to recent oral questions that that is still open for debate. It would be really good to know whether the House will be getting primary legislation—it has been requested and he has hinted at it—and when we could expect it. Are the Government instead seeking a renegotiation with the EU?

There is also the question of whether the Irish Government have a part to play in this. I was interested to read that student nurses in Northern Ireland will now be funded by the Republic. Is the Secretary of State having discussions about other financial contributions in these extremely challenging times?

Another option available to the Secretary of State is calling an election, but I am sure he agrees that it is highly unlikely that that course of action would resolve the current impasse. We do need to know what the way forward will be and what the Secretary of State believes will see Stormont return to active service on behalf of the people of Northern Ireland.

Returning to the Budget before us, the Northern Ireland Affairs Committee inquiry into the funding and delivery of public services has been extremely informative. I join the Secretary of State in thanking those who serve on the Committee for the work they do. The Chair of the Committee, the hon. Member for North Dorset (Simon Hoare), has always said that we should decouple the issues surrounding the protocol from the public finances and restoration of Stormont. The evidence before his inquiry has been illuminating. Even before Stormont collapsed, the inquiry found that long-term pressures on public services were not being addressed.

I also pay tribute to the excellent work of the Northern Ireland Fiscal Council, which has moved the debate forward on the sustainability of public finances. It is impressive that such a new institution has already become such an authority. In its report on this budget, it says that

“the NI Civil Service believes that Departments may still need to find £800 million in cuts and additional revenues not to overspend again, given other budget pressures.”

That is a huge amount of savings to find when Northern Ireland is facing the same challenges as the rest of the country. We should put on the record the views of some of those who have already been most affected by those decisions. In particular, the challenges facing the Department of Education highlight the deficiencies in setting a budget from Westminster in the way we are today and as we have previously.

Following the intervention by the hon. Member for Worcester (Mr Walker), I will go into a little more detail on that. I hope that the Secretary of State or Minister of State will respond in winding up. These comments, by the Department of Education permanent secretary, Dr Mark Browne, come directly from an extraordinary press release on the Department’s very own website:

“The Department’s vision for all children is that they will be happy, learning and succeeding. Delivering on this is particularly challenging in the current budgetary context, especially in terms of addressing the needs of our most disadvantaged children and young people.”

In its assessment of the budget, the Department said that the 2023-24 allocations result in a non-ringfenced resource funding gap of £382 million, equivalent to 14.8% of the final budget allocation required for 2023-24. It states:

“Managing resource shortfalls of this magnitude will undoubtedly have a significant and adverse impact on the Department’s ability to deliver educational services in 2023-24.”

Jeffrey M Donaldson Portrait Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)
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I echo all right hon. and hon. Members’ tributes to young Dáithí and his family, including his father, Máirtín, who is here with him. I had the pleasure of meeting them both at Lisburn in my constituency, and the case they brought was absolutely compelling. I welcome the Secretary of State’s decision to bring forward the amendments to the Bill. As you will know, Madam Deputy Speaker, I, the hon. Members for Foyle (Colum Eastwood) and for North Down (Stephen Farry) and other colleagues—in fact, all the sitting Members of the House from Northern Ireland—signed a cross-party proposal similar to the one brought forward by the Government. However, we are more than willing to support the Government’s proposal to ensure that enabling legislation is put in place to allow the Secretary of State to lay regulations implementing the necessary provisions, including the definitions of prescribed organs that are covered by the deemed consent. We very much support moving forward in that way.

I note the Secretary of State’s comments about the Assembly and the Executive. I am clear that we want to get a functioning Executive and Assembly up and running as soon as possible. He will know that when I took the decision last February to withdraw the First Minister from the Executive, I felt it was a measured response to the inactivity and failure of the EU to engage with the Government meaningfully to bring forward proposals that would address the concerns of Unionists. That enabled Ministers to remain in their Departments right up until the end of October, when, under the legislation, they could no longer remain in office. I understand why the Secretary of State has brought forward this Bill to extend the period for holding an election. Let me be clear that Democratic Unionist party Members do not fear going to the people; if and when an election is called, we will take our case to them. I noted the Secretary of State’s comment that he wants to create the space within which progress can be made—in that spirit, so do we. We are engaging with the Government on the vital matters that now need to be resolved to enable an agreement to be reached with the EU, one that we expect will result in fundamental change.

We are talking about change that will, first and foremost, respect Northern Ireland’s place within the United Kingdom. That is not just a requirement on the part of the Unionist community in Northern Ireland, but one of the fundamental principles at the heart of the Belfast agreement signed in 1998. Section 1 of that agreement deals specifically with respecting the constitutional status of Northern Ireland and the principle of consent, and we need to see that fully restored. As I said to the Prime Minister earlier, it is important that we are dealing with not only the trading issues that are the consequence of the protocol and its imposition, but the democratic and constitutional issues that flow from the protocol—the democratic deficit and Northern Ireland’s place within the UK.

Gregory Campbell Portrait Mr Gregory Campbell (East Londonderry) (DUP)
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Let me ask about the space that, we hope, has been created to make progress. In the past, whatever the whys and wherefores, where a substantial segment of the community in Northern Ireland was prepared to resist, oppose and declare that they did not like the way politics worked in Northern Ireland, an accommodation had to be found to try to ensure that a new regime accommodated that view. Does my right hon. Friend agree that as we try to make progress in that space today, Unionists have to be afforded exactly the same position, whereby we reach an accommodation where both major blocs and everyone else buys into the process on which we build for the future?

Jeffrey M Donaldson Portrait Sir Jeffrey M. Donaldson
- Hansard - - - Excerpts

I absolutely agree with my hon. Friend on that. He rightly says that at the heart of this is the need to take Northern Ireland forward on the basis of a cross-community consensus and that that consensus was broken down by the protocol, because not a single Unionist Member of the Assembly supports it. Therefore, we did not have a basis for moving Northern Ireland forward. That is important because the Executive and Assembly have important roles to play in the implementation of the protocol. I had Ministers, members of my party, who were in Departments and being required by the protocol to implement key elements that they felt were harmful to Northern Ireland. That was simply not a sustainable position. I do not want to be in the place again where I have to appoint Ministers at Stormont to Departments where they are required to implement measures that harm Northern Ireland’s ability to trade within the UK.

For us, the way to resolve the issues and move us forward lies in restoring Northern Ireland’s place within the internal market of the UK. Let me be clear that, as we have said from the outset, we are not looking to erect a hard border on the island of Ireland. I am not looking to create barriers to trade between Northern Ireland and the Republic of Ireland; I do not want that for dairy farmers in Lagan Valley, beef farmers or whoever is wanting to continue with the arrangements that are there to facilitate cross-border trade. Coca-Cola is based in Lisburn in my constituency, and the Secretary of State visited recently. Some 80% of the products it produces in Lisburn are sold in the Republic of Ireland. I do not want Coca-Cola to have difficulty in trading both within Northern Ireland and the Republic of Ireland. Equally, I do not want the businesses in my constituency that have been impacted by the protocol to be inhibited in their ability to trade with the rest of the UK. The protocol inhibits that and that is the difficulty it creates.

Northern Ireland (Executive Formation etc) Bill

Gregory Campbell Excerpts
Simon Hoare Portrait Simon Hoare
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Clearly, the vast majority of MLAs want Stormont up and running. They want to do 100% of their jobs seven days a week, rather than the 50% that they are able to do at the moment. Can my right hon. Friend assure me that he has robustly explored employment law—and if he has not, that he will do so—and that it would allow only for those who refuse to attend to have a pay cut? Those who wished to attend but could not because somebody was exercising their veto should not see their income reduced through no fault of their own.

Gregory Campbell Portrait Mr Gregory Campbell (East Londonderry) (DUP)
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Like Sinn Féin did four years ago.

Simon Hoare Portrait Simon Hoare
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Precisely—I agree.

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Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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It is a pleasure to follow the shadow Secretary of State, the hon. Member for Hove (Peter Kyle). May I begin by thanking Government Ministers, particularly my hon. Friend the Minister of State and his officials for many briefings and conversations that he has facilitated for the Select Committee on Northern Ireland Affairs and for me personally? That really is appreciated. There are rumours of a bromance breaking out between my hon. Friend and me, but it is nice that we are working together so closely.

Many, if not all, Members of Parliament—I would probably say all Members and everyone in the country at large—would wish the doing of politics to be normalised in Northern Ireland, which is an integral part of the United Kingdom, yet here we are again, having to deal with pressing matters through the use of emergency legislation. That is a real sadness, and I contend that such a situation would not be tolerated in any other part of the UK. At some point, we have to try to find a focused way of trying to deliver normalised politics.

I fear—and I understand precisely why the Secretary of State and the Government have introduced the Bill, which has my full support—that we are falling into a trap. The functioning and delivery of devolution, and the changes that many people would like to see delivered to the protocol, are two distinct, divorced and separate workstreams. We should not stand idly by and allow their conflation in the minds of people across the country. In 2022, no party worthy of that name, against the pressing economic backdrop that we face, should ever have a right to veto or walk away at any time, as I said earlier, still less now. I listened to the intervention from the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), the leader of the Democratic Unionist party, about whether or not the reduction of pay was intended to drive, cajole or whip his party back to Stormont. I do not see it that way, but it is the clearest signal possible to members of the public that Parliament gets it and understands what full public service is. If people decide to exercise the veto which currently exists, clearly there should be an opportunity to deliver better value to the taxpayer by reducing the remuneration package. I have always been keen and hot on that, and I hope that the Secretary of State exercises that power under clause 10, which uses the word “may”. However, I very much hope that he does.

I welcome what my right hon. Friend the Secretary of State has said in recent weeks about the process or impetus that could spur a review of the rubric on which we base the formulation and establishment of the Executive. I paraphrase, but he has said in terms that he would respond if there were overtures from the parties in Northern Ireland, from the grassroots up. That is probably the right approach, and I urge my right hon. Friend—he probably needs no urging—should those overtures be made, to respond positively to try to address them as quickly as possible.

Clause 10 says that the Secretary of State “may” make a determination; I think that he has to and that it should be done speedily. I know that many people wish that the law allowed him to differentiate between the MLAs who want to be in Stormont doing their job and those who have decided not to for reasons that are perfectly respectable. As we all know, however, any decisions that we take do and must have consequences.

Gregory Campbell Portrait Mr Gregory Campbell
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The Chair of the Northern Ireland Affairs Committee alludes to differentiating between MLAs who want to do their job and those who do not. Does he make the same differentiation between MPs who want to do their job and those who do not, but still get remunerated?

Simon Hoare Portrait Simon Hoare
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Yes, I do. At the end of the day, irrespective of which forum people are working in, that is taxpayers’ money. If one is prepared to do only a portion of the job, there should be implications for that. A teacher could not say, “I’m only going to teach boys called George or girls called Helen, and everybody else can go hang,” and expect the full package of remuneration and all the benefits. Likewise—again, I am grateful for the Minister of State’s briefing—I wish that clause 10(5) were not in the Bill, although I understand the complexities, because there should be knock-on implications for pensions as well. That needs to be looked at in due course.

This is a regrettable but understandable Bill. As the Secretary of State said, no Secretary of State would want to introduce this kind of legislation. Next year is the 25th anniversary of the Belfast/Good Friday agreement—we say that so flippantly; it has been hard-baked into our DNA as if it has always been there. As well as providing a moment for celebration and looking to the future, that provides us with an opportunity to look to the past and what led to its creation. We must never take its benefits for granted. Is it perfect? No. Does it deliver the process that we had hoped for at the speed that we had intended? Of course not, but let us not take it for granted. Let us all put our shoulders to the wheel to make sure that, across the communities, we can celebrate the huge strides for peace that it presented.

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Gregory Campbell Portrait Mr Gregory Campbell (East Londonderry) (DUP)
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It is a privilege to speak with you in the Chair, Mr Deputy Speaker. I am delighted to follow my esteemed colleague and friend, the right hon. Member for Beckenham (Bob Stewart).

In speaking to the Bill, I will limit my remarks to a small number of areas. The first is the matter of MLAs’ pay, which has been alluded to not only in the Chamber but more widely as a significant contributor to the moving of the Bill. The Secretary of State helpfully introduced the Bill last week. I shall quote from what he told us:

“It is also unacceptable that Members of the Legislative Assembly (MLAs) should continue to receive full remuneration from the public purse when they are not fulfilling their Assembly duties”.

That is the justification for that portion of the Bill.

I presume that if I were to ask the Secretary of State—which I may well—whether his Government are acting with a very even hand in relation to all aspects in Northern Ireland, and whether he wants to ensure that what he applies to one community is applied equally to the other, I would not see him in any way diverting from that. Indeed, I can almost see him nodding in acclamation: that the Government want to treat everyone equally, and that that has been the sum and substance of what he and previous Secretaries of State have said on previous occasions.

If this Government are treating everyone equally in respect of the potential to reduce MLAs’ salaries—on the basis of what the Secretary of State has said in introducing the Bill about it being unacceptable that they should continue to receive full remuneration from the public purse when they are not fulfilling their duties—I trust that he has had some level of conversation with the Leader of the House on the almost reprehensible nature of the fact that there are MPs who do not fulfil their duties in this House. Having done some research and received answers to parliamentary questions I have tabled about representation moneys, I know that they receive funding of not thousands, not tens of thousands, not even hundreds of thousands, but millions of pounds. In the past 10 years, those who do not fulfil their duties as Members of Parliament in this Parliament have received £10 million—ten million pounds—so I trust that, in conjunction with this Bill, the Northern Ireland Office has had conversations with the Leader of the House about wanting to treat everyone equally. I am sure that those conversations have taken place and that they have been along the lines of, “We’re going to introduce this Bill to ensure that MLAs don’t get the full remuneration from the public purse, but you’re going to have to introduce something similar in this House, so that Sinn Féin MPs or anyone else who doesn’t fulfil their duties also don’t receive remuneration from the public purse.”

Chris Heaton-Harris Portrait Chris Heaton-Harris
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I am curious as to whether the hon. Gentleman knows that Sinn Féin Members do not receive their parliamentary salaries.

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Gregory Campbell Portrait Mr Campbell
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I am well aware of that. The remuneration I am talking about does not include salaries, but it does include all other expenses, including representation moneys, and the total amount in the last 10 years was in excess of £10 million—for not performing their public duties. That is not the responsibility of the Secretary of State, but it is the responsibility of the Leader of the House.

Claire Hanna Portrait Claire Hanna
- Hansard - - - Excerpts

Is the hon. Member’s point that he would like the salaries of his party colleagues’ staff stopped as well? That seems to be the logical extension of what he is saying. I think we are all agreed that abstentionists should not receive a salary, but if he is saying that the issue is that there are office costs and other remuneration, is he proposing that they are taken away from MLAs?

Gregory Campbell Portrait Mr Campbell
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I thank the hon. Member for that intervention. I think she knows full well that that is not what I am suggesting. I was quoting the exact reference from the Secretary of State in introducing the Bill: “full remuneration from the public purse”. That should apply equally to Sinn Féin’s allowances and representation money. Action should be taken on that. It has been requested and sought for many years. I will leave it there and hope that the Leader of the House will introduce such a change. It would be entirely unacceptable if she were not do so.

We have discussed this Bill on many occasions and also the need to get back into Stormont, which all of us share. My party is a devolutionist party. I have served for many years in various capacities under the devolutionary settlement of Stormont, so I want to see Members back doing their jobs. However, it is a mistake to keep referring to a variety of problems and say that they could be solved if Ministers were back at their desks. Ministers were at their desks when hospital waiting times got worse. The A6 dual carriageway in my constituency is almost finished, but it has been almost finished for a year, and that has been mostly under devolution. Unfortunately, the road remains unfinished. I hope that no one will suggest that we should get back into devolved Government so that the roads can be finished. I hope that no one will suggest that we should get back into Government because the waiting times in various hospitals are getting worse. They were getting worse under devolution. Yes, I want to see devolution work, but let us not create straw men for others to knock down.

Sammy Wilson Portrait Sammy Wilson (East Antrim) (DUP)
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Does my hon. Friend also accept that the £670 million hole in the budget occurred when the Executive were sitting and that, this time last year, the Sinn Féin Minister could not get agreement from any party—not one party—in the Assembly to his budget?

Gregory Campbell Portrait Mr Campbell
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Not only is my right hon. Friend right, but the Secretary of State alluded to that. He was extremely critical of the overspend that the devolved Government had achieved. I just think that we should be more circumspect when we talk about getting back into devolved Government. We come back to the point that my good friend the right hon. Member for Beckenham made just before I rose to speak, which was that there is one issue that prevents devolved Government from returning—with all their faults, which must be remedied—and that is the protocol.

Again, I hope that the Secretary of State, the Minister of State or anyone else will not use the other straw man, which is preventing the return of a hard border, because everyone knows that that will not happen. It was never going to happen. It was raised to pressure our Government; that is the reason that it was raised. That is why Leo Varadkar, when he was Taoiseach, threw down the front page of The Irish Times, which showed a border post ablaze in the 1970s, and said to Messrs Macron and Merkel that we cannot go back to that. Our Government took fright and would have agreed to anything rather than this false assertion that violence would return.

A hard border is not on the equation. It will not be implemented. Everyone accepts that that is the case. The Government have to deal with the one thing that prevents us from getting devolved Government back up and running—the one thing that has introduced the Bill that we are discussing today—and that is the protocol. Sort out the protocol and we will get back into government.

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Jeffrey M Donaldson Portrait Sir Jeffrey M. Donaldson
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If you have any seats.

Gregory Campbell Portrait Mr Gregory Campbell
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Yes—if you have any left.

Claire Hanna Portrait Claire Hanna
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You are doing a great job yourself.

We began that work by tabling amendments to the Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022 to introduce an alternative election of First Ministers—[Interruption.] We do that work despite the chuntering from a sedentary position of people who just say no, who just nag from the sidelines, who are blocking good governance, and who, day by day, move more people towards considering and exploring a new Ireland—[Interruption.] Those on the DUP Bench below me have no interest in making Northern Ireland work, have derided and mocked people like me for wanting to do so, and have shown that they are unwilling or unable to do that. Those who vote for that party to protect the Union should really take a strong look at the strategic direction that is being provided and the value that they are being given for their vote.

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Gregory Campbell Portrait Mr Gregory Campbell
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I accept what the Minister says about Sinn Féin MPs not getting salaries but, if there is to be a reduction, we cannot reduce something that is not given. The only thing they get is representative moneys and allowances. No attempt at all has been made to cut those moneys and allowances for not doing their job, despite repeated attempts to raise it with successive Leaders of the House.

Steve Baker Portrait Mr Baker
- Hansard - - - Excerpts

The hon. Gentleman makes his point with great passion, and I think we agree with one another that it is not a good thing to have abstentionist MPs, although I have to say I have met Sinn Féin MPs a number of times in London and found them to be very constructive—to a much greater extent than I expected. They do not draw any pay, and we do not anticipate reducing the pay of MLAs to zero, nor do we anticipate taking away their allowances. Members of the public watching this debate will see that we are behaving reasonably in relation to MLAs.

I thank everyone who has participated in this debate. We are absolutely determined to do what is necessary to restore the Executive in Northern Ireland, which is going to mean reaching a negotiated conclusion on the protocol, and I look forward to doing so.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Committee of the whole House (Order, this day).

Oral Answers to Questions

Gregory Campbell Excerpts
Wednesday 9th November 2022

(1 year, 4 months ago)

Commons Chamber
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Chris Heaton-Harris Portrait Chris Heaton-Harris
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The Government are clear that we will never accept any moral equivalence between those who upheld the law in Northern Ireland and those on all sides who sought to destroy it. The legislation seeks to deliver better outcomes for all those most affected by the troubles. It is important to remember that that includes the families of service personnel, more than 1,000 of whom were killed during the troubles. The Government will continue to engage with those most directly impacted by the legislation about their concerns and how these might be addressed. The Second Reading of the legacy Bill in the House of Lords will take place in a couple of weeks’ time.

Gregory Campbell Portrait Mr Gregory Campbell (East Londonderry) (DUP)
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Has the Secretary of State accepted the cold, hard fact that to have any legitimacy the final outcome of the legacy Bill needs the support of innocent victims and relatives of those murdered by terrorists, just as in the wider political realm any outcome of the protocol talks needs support across the community or it, too, will be doomed to failure?

Chris Heaton-Harris Portrait Chris Heaton-Harris
- Hansard - - - Excerpts

Yes, I absolutely understand that point. Everything that we have been doing since I became Secretary of State is about trying to engage and consult more with those who had issues with the legacy Bill. It is never going to be a perfect solution to this particular problem, because no perfect solution exists. However, we will do our best to address all the concerns that people raise with us.

Northern Ireland Residents: British Passports

Gregory Campbell Excerpts
Tuesday 18th October 2022

(1 year, 5 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Gregory Campbell Portrait Mr Gregory Campbell (East Londonderry) (DUP)
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I beg to move,

That this House has considered British passport ownership by Northern Ireland residents.

I am thankful that this debate has been called and placed on the Order Paper today. I am also glad to see the Minister in his place.

The issue that I wish to raise unites people of all backgrounds, traditions and preferences in Northern Ireland in terms of their nationality, whether they describe themselves as British, Irish or Northern Irish. Here in the House of Commons, the Northern Ireland Affairs Committee has looked at the issue on several occasions and, again, there has been unity, with hon. Members from the DUP, SDLP, Alliance, the Conservative party and the Labour party all agreeing on the issue. It is uncontroversial with everyone except, it would seem, the Home Office. The issue was first raised by me back in 2005 via a private Member’s Bill, which had insufficient parliamentary time and therefore did not proceed. So, what is the issue?

Our Government and, indeed, successive Governments have accepted that people in Northern Ireland can describe themselves and be accepted as British, which is what they are under the United Kingdom constitution, Irish, if they prefer to be known and regarded as Irish, or Northern Irish, if they wish to be so. Indeed, the census results released last month demonstrated that a vast majority of people describe themselves in a multitude of ways and a combination of those three ways. The position with passports is that residents in Northern Ireland, whatever their background or description, can apply for an Irish passport and there is no additional cost or form filling as a result of Irish Government action taken several years ago, which regards them as Irish if they so choose.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
- Hansard - - - Excerpts

I thank my hon. Friend and colleague for bringing that forward. He is right. My father, who is not with us anymore, was born across the border and yet grew up as British when he moved to Northern Ireland. Does my hon. Friend not agree that those who may be born a mile or two across the border, have lived in Northern Ireland all their lives and have happily paid their British tax with their British national insurance number are entitled to pay the same amount as anyone else under the same circumstances? It really is illogical. My hon. Friend has pursued the matter at some length and we look forward to the Minister giving a decent response to a matter that has been outstanding for a number of years.

Gregory Campbell Portrait Mr Campbell
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My hon. Friend has hit the nail on the head in a succinct way, which I hope to elaborate on over the next few moments.

The Irish Government took action because they regard citizens on the island of Ireland as Irish citizens, if they choose to be so regarded. Unfortunately, our Government have not done the same. There are those who are resident in Northern Ireland, and have been for decades, who must be able to do the same for a British passport as those who choose to be Irish can do for an Irish passport, yet they are not permitted to do so. We have an open land border with more than 280 crossing points along its 300-mile length and we are all familiar with the issue in relation to the protocol, the EU and all those things. Over decades and for generations, communities and families have traversed this open border for business and socialising. For that reason and because of the common travel area, successive British Governments have indicated that they do not mind which nationality people prefer to have.

According to UK law, anyone born before 1949, when the Republic of Ireland left the Commonwealth, who wishes to become a British subject can do so, but anyone born after 1949 cannot. That means that if someone were born in the Republic in 1950 and the day after their birth moved to live in Northern Ireland, became a UK resident, grew up and became a UK taxpayer and UK voter—in one famous instance they sat in the British establishment of the House of Lords—they would still not be regarded as a British citizen, because they were born at the wrong time. People born a few miles across the border are disadvantaged in this way. They have to go through the same naturalisation process as people coming from the other end of the earth in order to be regarded as British citizens. This has obviously created angst and annoyance.

We now have a tale of two passports. One is a passport of the United Kingdom of Great Britain and Northern Ireland, which people like me cherish and will have for as long as we live, as will our children and grandchildren. The other is of the Irish Republic, which some people in Northern Ireland are forced to have because they cannot have the passport they associate with their sense of identity, allegiance, loyalty and belonging. They are British, but they are forced to have an Irish passport, because they of an accident of birth a mile on the wrong side of an open border.

Gavin Robinson Portrait Gavin Robinson (Belfast East) (DUP)
- Hansard - - - Excerpts

I am grateful to my hon. Friend, who has campaigned on the issue for many years. Does he agree that it has been clear throughout the peace process and indeed stretching further back that the British Government have been incredibly generous to those who want to take Northern Ireland out of the Union and have made Northern Ireland an incredibly accommodating and welcoming place for them? Does he agree that they have been generous on citizenship and dual identity and such issues, but when it comes to supporting those who believe in the Union, choose Northern Ireland as their home and who have been British citizens for the majority of their life, the generosity does not stretch that far?

Gregory Campbell Portrait Mr Campbell
- Hansard - -

My hon. Friend’s comment is very appropriate and accurate. In fact, many draw on the contrast of how our Government treat those who want to break up the United Kingdom and Northern Ireland compared to those who would prefer that we remain, because we are, in the words of what is more than a cliché, better off together.

The issue at the moment is that some people have an Irish passport because they need it to travel, but they would prefer to have a British passport. The Home Office in effect say to them, “Just naturalise. Just pay the £1,330 to get what is your right.” If they go on to the Home Office website—I hope the Minister can read this paper even from this distance, as I have enlarged it—the first page reads:

“Check if you can become a British citizen”.

They already are! That is what they demand. That is what they have been for decades, and then the Home Office says to check if they can become a British citizen. There is nothing more insulting or demeaning than to have that on the Home Office website. It tells them, “Well, of course you can avail yourself of British citizenship, now trot along and fill out the necessary form. Then apply for the passport and you will get one.”

Meanwhile, the neighbour in the house next door—or, in some cases, family members who were born at a different time—may want to have an Irish passport and may never even have visited the Irish Republic. They simply go along to the post office and ask for an Irish passport application, fill it out and attach the necessary fee, and an Irish passport comes in the post. The Irish Government have declared that they are prepared to recognise those people as Irish if they choose to apply for a passport. We want our Government to do exactly the same.

People have chosen and demanded to be regarded as British because they have lived here virtually all their lives—in some cases, for 60 or 70 years. They should not be forced down the route of applying for citizenship and going through the naturalisation process, which applies to people who come from thousands of miles away. That is particularly true when the same Government say repeatedly to everybody in Northern Ireland, “We accept that it is a diverse place.”

Successive Governments have repeatedly said they accept that many people regard themselves as British—I hope they will remain so—while some regard themselves as Irish. Each United Kingdom Government here in Westminster say that they accept those people’s right to be so regarded—except when it comes to the symbolic matter of owning a passport. What greater symbol is there of a person’s sense of belonging and nationhood, of who we are and what we are, than a passport? It describes who someone is and, if they are overseas and get into difficulty, to whom they should go for assistance. However, these thousands of people are regarded differently.

I understand that the Minister is Minister of State for the Northern Ireland Office, and that this is primarily a matter for the Home Office to resolve, but I hope that he will acknowledge in his response the hurt and anguish that people have felt over many years. I hope that he can relay to the Home Office the fears, views and demands of people who want this insult rectified.

Successive Home Office Ministers have come to the Northern Ireland Affairs Committee and tried to defend this, saying that they do not regard some of these people as the people of Northern Ireland, even though they have lived there all their lives. This is indefensible and it cannot be sustained. I hope that the Minister will take action with his colleagues in the Home Office, whose responsibility it is primarily to respond. I hope they will deal with the matter satisfactorily for all concerned, because there is nobody in Northern Ireland who objects to this proposition.

--- Later in debate ---
Steve Baker Portrait Mr Baker
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The hon. Member makes his point with great clarity, of course. However, I observe that in public administration there are quite often moments, particularly around transitions and edge cases, that look absurd on the face of it.

Before I get on to my notes, I will make two points. Representing Wycombe, I have observed that geography is very different from what it used to be. The internet has shrunk the world immeasurably, and many of my constituents are closely in touch with events and people thousands of miles away, so geography has a slightly different meaning these days. I will also pick up the point on hurt and anguish; if I have learned one thing in my few weeks as Northern Ireland Minister, it is the decades—possibly centuries—of hurt and anguish that have built up on one another. I do take those issues very seriously, knowing how deeply felt they are. The hon. Member for Belfast East (Gavin Robinson) has spoken with great passion, and I know he sincerely means everything he has said.

Turning to matters of law, the right to apply for and hold a British passport is wholly contingent on the holding of British citizenship. It is perfectly possible to remain a British citizen even if someone chooses not to hold a British passport, or if they acquire and hold another passport. The people of Northern Ireland are guaranteed specific protections under the Belfast/Good Friday Agreement, and they are considered by the agreement to be

“all persons born in Northern Ireland and having, at the time of their birth, at least one parent who is a British citizen, an Irish citizen or is otherwise entitled to reside in Northern Ireland without any restriction on their period of residence.”

The two birthright protections of the Belfast/Good Friday Agreement guarantee this group the right to identify and be accepted as British, Irish or both, and the right to hold both British and Irish citizenship. The protections recognise the unique circumstances of Northern Ireland and do not apply more widely. The UK Government are steadfastly committed to the Belfast/Good Friday Agreement, and those provisions are given full effect in law, which provides for British citizenship to be conferred at birth.

In that context, non-British nationals living in Northern Ireland would need to obtain British citizenship in order to receive a British passport, just as they would anywhere else in the United Kingdom. I think that is the heart of the matter. I have heard clearly the point made by the hon. Member for East Londonderry. It is the difference between identity and the administrative and legal status of citizenship.

Gregory Campbell Portrait Mr Gregory Campbell
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I accept what the Minister says, and it is the repeated mantra that we have got from the Home Office. However, he alluded to the unique circumstances that pertain to Northern Ireland. That is what successive Governments of recent vintage have always done. Does the Minister not understand and accept the unique circumstances of the case that has been made, and that this is why the Home Office should act?

Steve Baker Portrait Mr Baker
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I certainly do understand the unique circumstances of Northern Ireland, and the hon. Gentleman is very articulate and once again makes his case with great clarity. However, I have to tell him that unique circumstances in those matters apply in a great many places in the UK, including in my own constituency in some number. They are not the same unique circumstances, by any means, but I am gently trying to make the point that there are large numbers of people in the country who would claim special circumstances. The Government are under an obligation to deal fairly with everyone in the UK. The hon. Gentleman will remember some of the unfortunate circumstances of the Windrush affair, and there are other people who have had various difficulties. There are people in my constituency who, although they were born elsewhere, have lived there longer than I have been alive. They may or may not have British citizenship or a British passport, but I am glad to represent them.

Let me turn to some of the specific points that the hon. Member for East Londonderry made. He said that there are 40,000 people resident in Northern Ireland who were born in Ireland after 1949, and there is a sense of unfairness that they are made to apply for naturalisation. He enlarged a piece of the website that I could not quite read, but he made his point with some force. The crux of the matter is that an Irish national can naturalise in the same way as any other long-term resident who now considers the UK their home. I appreciate that at the heart of the sensitivity is the fact that people who identify as British, who were perhaps born not far from the border, but on the other side of it, are being told that they need to naturalise. He made the point clearly that for those who are British but were born on the other side of the border, this is a matter of utmost sensitivity.

The Government are treating those people—from an administrative point of view, they are not British citizens and they need to naturalise—in line with other nationals who reside here in the UK. We are glad that they feel at home here. We are of course glad that they identify as British—that they choose to be British—and we welcome them. The hon. Gentleman mentioned the case of our noble Friend in the other place. In order to ensure that we treat everyone in the UK fairly, they need to naturalise to make their nationality align with their identity.

That is the key point, and it is a matter of administration and law—[Interruption.] The hon. Gentleman shakes his head. I know that that is unsatisfactory to him, but we do not want to assume that all who identify as British necessarily wish to align their nationality. He might well ask whether it could be made easier and quicker for people of Northern Ireland who were born in Ireland to apply for naturalisation, but the requirements are made in statute. Irish nationals would enjoy more favourable provisions for naturalisation should they wish to apply.

One might ask why the Irish-born people that the hon. Gentleman represents have to naturalise at all. Under the common travel area, Irish people do not need to naturalise to reside in the UK. The common travel area provides that British and Irish citizens have the right to enter and remain in the other state without requiring permission. That is provided for in law, which the hon. Gentleman knows very well. They can make the decision to become a British citizen when they are ready to do so, as with any person who wishes to become British.

I think that the hon. Gentleman wants me to make specific commitments, but I have to disappoint him. The Government are very clear on the need to treat people fairly right across the UK. If we were to make special exemptions for the people he recognises as being on the cusp of a border, we would find ourselves in some considerable difficulty administratively.