91 Hilary Benn debates involving the Northern Ireland Office

Wed 24th Jan 2024
Northern Ireland (Executive Formation) Bill
Commons Chamber

2nd reading & Committee of the whole House & 3rd reading
Wed 6th Sep 2023
Northern Ireland Troubles (Legacy and Reconciliation) Bill
Commons Chamber

Consideration of Lords messageConsideration of Lords Message
Mon 4th Sep 2023
Northern Ireland Budget (No. 2) Bill
Commons Chamber

Committee of the whole House & 3rd reading

Northern Ireland

Hilary Benn Excerpts
Thursday 1st February 2024

(2 years, 7 months ago)

Commons Chamber
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Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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I am grateful to the Secretary of State for his explanation of the first set of regulations that we are considering, and I join him in wanting to see the institutions up and running again as soon as possible. I welcome the measures, and the Opposition will support them.

Ever since our leaving the EU created the problems that have caused Northern Ireland to be without a Government for two years, we have been trying as a nation to find a common-sense way through. The SIs are a continuation of that process to balance two objectives: first, to enable the free flow of trade between Northern Ireland and Great Britain; and secondly, to make sure that goods that enter the Republic across the open border meet the single market rules.

We should note the further commitments, to which reference has been made, contained in the Command Paper published yesterday. We look forward to regulations and guidance to implement them where required, perhaps with a little bit more time to read them, although I understand completely and support the timetable we are dealing with today.

I commend the right hon. Member for Skipton and Ripon (Julian Smith) for drawing the House’s attention to the annex of the Command Paper on the history. I certainly learned some things from reading it. I have heard the argument that there was always free and unfettered trade and now that has changed, only to discover that the Government of Ireland Act 1920 required that the movement of goods between Great Britain and Northern Ireland be treated as exports and imports, and that customs officers were instructed to conduct physical inspections of ships and daily sailings twice weekly, at a check rate of 28%. It is a jolly good idea to understand one’s history when trying to deal with the problems of the future.

Jeffrey M Donaldson Portrait Sir Jeffrey M. Donaldson
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Some suggest that the Acts of Union should be as they were in 1801, but my hon. Friend the Member for North Antrim (Ian Paisley) would be perplexed to discover that a bottle of Bushmills whiskey distilled in his constituency would have a £3 tariff added to it to be sold in Great Britain—the rest of the United Kingdom. Does the right hon. Gentleman agree that we certainly do not want to go back to that?

Hilary Benn Portrait Hilary Benn
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I am a teetotaller, so perhaps I do not feel the suffering in that example in the same way as other Members. However, the right hon. Gentleman is an observant student of Northern Ireland history, and he makes his point extremely forcefully.

Sammy Wilson Portrait Sammy Wilson
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Does the right hon. Member recognise the difference between a tariff being put on by this Parliament or the Assembly or a Parliament in Northern Ireland, where the people of the country elect representatives who take a decision on tariffs that act as an impediment to trade, and a tariff imposed by an outside body such as the EU, which is the case in Northern Ireland? That is how the Act of Union is being disrupted, because an outside body can interfere with it.

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Hilary Benn Portrait Hilary Benn
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We have seen quite a lot of disruption to arrangements in recent years, have we not? The point I tried to make a moment ago was that our departure from the European Union caused a problem. Everybody knew that there would be a problem between Northern Ireland and the Republic, because of the open border that everyone continued to support. I think I said last week that it was about the only thing in Brexit where there was agreement. If there is a problem, we have to find a way through it. What we are grappling with here, and have done previously and may do in the future, is how to solve that problem, which is the result of a democratic decision taken by the British people.

Turning to these particular regulations, part of them updates previous legislation to include references to the Windsor framework, which came after those pieces of legislation, or reaffirms for clarity the existing legal position. I welcome the prohibition made by regulation 2(3) of any agreement with the EU that would

“create a…regulatory border between Great Britain and Northern Ireland.”

However, if we were to form the next Government, Labour would seek to negotiate a sanitary and phytosanitary agreement with the EU with the intention of removing checks on animals, food and plants, not only between GB and NI, but between the whole of the UK and the EU. That would benefit farmers, food businesses, the horticultural industry in Northern Ireland and the rest of the United Kingdom.

Regulation 3 amends section 7A of the European Union (Withdrawal) Act to include a reference to the Stormont brake procedure and the democratic consent vote. I note that the Secretary of State said that the Windsor Framework (Democratic Scrutiny) Regulations 2023 passed by Parliament last March, which I think he said he had signed, will take effect once the Assembly is back up and running.

Chris Heaton-Harris Portrait Chris Heaton-Harris
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indicated assent.

Hilary Benn Portrait Hilary Benn
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I see that the Secretary of State is nodding. It is also important to remind ourselves of the significance of those regulations and the democratic checks that they will create. The Stormont brake will be available to the Assembly when the EU seeks to amend or replace existing EU goods legislation in annex 2 of the framework. The Windsor framework gives a new role to the Assembly to approve or reject any proposed new EU legislation being added to the framework. I note that page 47 of the Command Paper states that the full operational details for the Stormont brake will be set out “in writing” for the Assembly. Can the Secretary of State confirm when that will happen and what form it will take, so that we in the House can see it?

William Cash Portrait Sir William Cash
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Does the right hon. Gentleman accept that there is a distinction between new and amended legislation in this context? They are not by any means the same thing, particularly as amended legislation can be very extensive.

Hilary Benn Portrait Hilary Benn
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I take that point, but we are talking about two separate categories: one is a long list relating to the legislation that formed part of the original protocol in the annex; and the other relates to new stuff coming from the European Union.

Stephen Farry Portrait Stephen Farry
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Does the shadow Secretary of State recognise that there is a different school of thought from some people and businesses in Northern Ireland around the Stormont brake? If there is a degree of delay or uncertainty in the application of an updated EU regulation, that could inadvertently undermine Northern Ireland’s dual market access, by creating uncertainty for businesses seeking to invest or remain in Northern Ireland. By far the better way is for Northern Ireland institutions to talk to the European Union at the start, to make sure that our concerns are reflected as fresh EU law is undertaken or updated.

Hilary Benn Portrait Hilary Benn
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The hon. Member makes an extremely powerful and useful point. The businesses that I have spoken to in Northern Ireland support Northern Ireland’s access to the EU market. In choosing to pull or not pull the Stormont brake there are many considerations, which I am sure elected politicians in Northern Ireland will take into consideration. Let us be honest: it depends on what we are talking about. What impact will it have? Will it have a really bad effect, in which case people might reach for the brake? Other times it may be a perfectly sensible change and nobody needs to worry about it. But there is a mechanism that gives Northern Ireland politicians and the Assembly the chance to decide between the two.

Lord Redwood Portrait John Redwood
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Further to that point, which is a very good one, would the EU not decide to use its powers if Stormont tried to use the brake too often and change the amount of EU law that applied?

Hilary Benn Portrait Hilary Benn
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The Stormont brake was the result of a negotiation between the Government and the European Union. It was a really big step forward—it is why we are having this discussion now, and I support it. Anything is possible in the future with regard to what one or another party that is engaged in continuing discussions and negotiations may seek to do, but we have a deal with the European Union and it expects us to honour the Windsor framework—a point I have made in the House many times before—and we would expect the EU to do entirely the same. Nobody can guard with absolute certainty against what may happen in the future; we have to deal with the world as it is today.

Julian Smith Portrait Julian Smith
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What people have missed over the past few weeks is the cross-party support for both the Windsor framework and this deal. The reality is that anybody campaigning, or continuing to campaign, against the decisions democratically taken by the Democratic Unionist party is campaigning against something that this House has supported in voting numbers I could have only dreamed of when I was the Government Chief Whip during Brexit. This House supports the Windsor framework and the deal secured by the Secretary of State and the Prime Minister.

Hilary Benn Portrait Hilary Benn
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The right hon. Gentleman makes an extremely powerful point. I hope everyone will notice the near—if not complete—unanimity that we will see reflected in the House today. Those who wish to rail against reality and the fact that we have to make choices and deal with issues as they arise, as the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) has so eloquently pointed out, achieve nothing and contribute nothing. What the House is trying to do is to take this forward and, crucially, to restore the institutions.

Edward Leigh Portrait Sir Edward Leigh
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I am not trying to rail against reality; I am just seeking the truth. Would it be a fair summing-up of the Labour party’s position that it is supremely relaxed about all these future trading arrangements because, if there is to be a Labour Government, they will have absolutely no intention of diverging further away from the EU from a deregulatory point of view? If the right hon. Gentleman becomes Secretary of State, there is no danger that any civil servant will say, “Minister, be careful about this.” Labour is very relaxed about this matter. It is going to get closer and closer to the EU, isn’t it?

Hilary Benn Portrait Hilary Benn
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It is very kind of the right hon. Gentleman to say that we are intensely relaxed about the prospect that we might form the next Government, and who am I to disagree with him in that observation?

The point about divergence is that it is a choice. It is striking to note the number of instances since we left the European Union when the current Government decided that they were going to diverge, and then suddenly had second thoughts about it because it did not really make a lot of sense. I make no apology for having given the example of the veterinary SPS agreement that we would like to reach, because it would help our businesses in the UK, businesses in Northern Ireland and businesses in the European Union. That is my definition of common-sense negotiation—the decision has been made, but that does not mean Britain cannot seek to improve the relationship we have with the European Union in our interests and the interests of our European neighbours.

I also welcome regulation 3(3), which would require a Minister before the Second Reading of a Bill containing provisions that would affect trade between Northern Ireland and the rest of the United Kingdom either to make a statement that it would not have such an effect, or to set out the reasons why the Government want to proceed none the less. It may be difficult at this stage, but I wonder whether the Secretary of State in winding up could give us an example of the circumstances in which Ministers might want to make use of the provisions in proposed new section 13C(2)(b) to the European Union (Withdrawal) Act, found at the top of page 4 of the regulations. In other words, in what circumstances would the Government want to proceed with legislation even though it would have an adverse effect?

I welcome the clarifications made in regulation 4 regarding any independent review that may follow the democratic consent vote. That vote by Assembly Members must take place, as I understand it, by the end of this year. Has the Secretary of State had any discussions with Northern Ireland political parties as to when, exactly, that vote might take place, or does he intend to do so, or is it entirely a matter for those parties?

I will return in the subsequent debate to the matters I wish to raise on the UK internal market regulations, Madam Deputy Speaker. I now bring my remarks to a close.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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There is obviously a big time pressure on this debate. I want to bring the Secretary of State back in at 1.49 pm, so I urge colleagues to be brief if they possibly can. I call the Chair of the Northern Ireland Affairs Committee.

Northern Ireland Executive Formation

Hilary Benn Excerpts
Wednesday 31st January 2024

(2 years, 7 months ago)

Commons Chamber
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Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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I am grateful to the Secretary of State for advance sight of his statement.

This is a very significant moment. It is our chance to restore to the people of Northern Ireland what they desperately need but have been without for almost two years: a functioning Government. It will also mark a first in Northern Ireland history when Michelle O’Neill takes up her position as Sinn Féin First Minister in a power-sharing Government with a DUP Deputy First Minister. I would like to thank the Secretary of State for his tireless efforts that have brought us to this point. His is a great achievement.

I would like to acknowledge the courageous and decisive leadership of the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), who in the face of abuse has consistently and persuasively made his case for change, while always being clear that he wanted to return to government with an agreement that was acceptable to all communities. I also want to thank the other party leaders in Northern Ireland—and I join the Secretary of State in doing so—who, with great wisdom, have allowed the time and the space for this deal to be reached, as well as to express my thanks to all the officials involved.

On the legislative changes that the right hon. Gentleman the Secretary of State has set out, I welcome the Government’s commitment not to ratify any new Northern Ireland-related agreements with the EU that would create new regulatory borders. This will be a helpful brake on divergence. Could the Secretary of State say when the new UK internal market lane will come into being?

We will of course examine in detail all the proposals in the statutory instruments to which the right hon. Gentleman referred—I understand that we are likely to debate them tomorrow—because we need to get on with this so that the Assembly can be recalled and the Executive established as quickly as possible. I have always made it clear that we believe in Northern Ireland’s place in the internal market of the United Kingdom, and that we support any practical measures to reinforce it that are consistent with the Windsor framework, which we also support, and that have the support of nationalists as well as Unionists. On that basis, we will vote for the legislation.

The money that the Secretary of State has announced, including the needs-based funding formula and the stabilisation funding, will enable a restored Executive and Assembly to give public sector workers a pay rise, for which they have waited too long, and to start to tackle the huge challenges facing communities and public services and make the most of the great economic potential of Northern Ireland. We also welcome the plans to defer and then write off Stormont’s overspend, provided that the Executive produce a new fiscal sustainability plan. How quickly does the right hon. Gentleman expect the money to be transferred, and when does he think the new Executive will produce a budget?

Finally, as we reflect on the importance of this moment, since the Good Friday agreement was signed the people of Northern Ireland have been without a devolved Government for over a third of the time. Does the right hon. Gentleman agree with me that we need to work together—all of us in the House—to prevent the institutions from collapsing again in the years ahead? Stability is everything, especially to the people of Northern Ireland after all they have been through, and we all have a duty to ensure that it endures.

Chris Heaton-Harris Portrait Chris Heaton-Harris
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I thank the shadow Secretary of State for his very kind words and for all the work he has done with me on these matters. I really do appreciate the way we have been able to work together. It has contributed to our getting to this point and it has made a big difference, so I thank him for that.

The shadow Secretary of State is completely right that everyone in this House will need to work together to ensure stability for Northern Ireland and to ensure that the institutions do not fall again. It is vital that we all understand the responsibility that sits with us in this place: we are guarantors of the Belfast/Good Friday agreement. We have a responsibility to the people of Northern Ireland, and in every way we should consider that in everything we do, because this Union is stronger for it.

The shadow Secretary of State asked some questions. We hope to have the UK internal market lane in operation as soon as possible, and we obviously need some legal changes—I mean, other changes—to have that done. The money will flow as soon as the new Executive is up and running, and I very much hope that a new Executive will be sitting very soon.

Northern Ireland (Executive Formation) Bill

Hilary Benn Excerpts
2nd reading & Committee of the whole House & 3rd reading
Wednesday 24th January 2024

(2 years, 7 months ago)

Commons Chamber
Read Full debate Northern Ireland (Executive Formation) Act 2024 View all Northern Ireland (Executive Formation) Act 2024 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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Another year, and another Bill to postpone the Northern Ireland Assembly elections. It is worth noting that the last time we did this, something quite significant happened five days later, when the Windsor Framework negotiations were concluded, so let us live in a state of hope—tempered, as always, by experience.

I thank the Secretary of State for introducing the Bill in such a timely fashion. We support it and I have met no one who thinks that holding elections now would help to resolve the difficulties that Northern Ireland’s politics are currently in. However, while we may be in agreement about the need for this Bill, I do not think we should let this moment pass without acknowledging that the Assembly elected 20 months ago has still not yet been able to meet. In any other democracy anywhere in the world, that would be a cause of anger, not to say uproar. The very essence of a democratic election is that the representative body should be able to meet and do its job. I would just observe that Northern Ireland surely cannot continue to be the only place where that does not happen.

I am grateful to the Secretary of State for the discussions that we have had. It is a pleasure to do business with him. As my predecessor, my hon. Friend the Member for Hove (Peter Kyle), said just under a year ago:

“It would, of course, be better if this legislation were not needed. Northern Ireland is a valued part of the United Kingdom, and restoring the Stormont Assembly and Executive should be a priority for the Government.”—[Official Report, 22 February 2023; Vol. 728, c. 238.]

I know that is a priority for the Secretary of State, because he has spent so much time negotiating with the Democratic Unionist party to try to find a way forward, and from the moment I took on this role I have tried to support him and the Government in that objective. With the negotiations, it appears, having effectively concluded, we have now come to the moment of decision.

I hope the DUP will return to government. I think the DUP should return to government. I say that for a host of reasons, but above all because the people of Northern Ireland need to have their Government back. The consequences of having no Government for almost two years this time around—and, of course, for almost three years when Sinn Féin walked out of the institutions—are very serious for the people of Northern Ireland. As we know, the Assembly cannot even elect a Speaker so it cannot meet, difficult decisions are not being taken, the public finances are in a parlous state, and when the floods struck last year and affected so many businesses and homes, there was no Government in Stormont for people to turn to for help—none.

Conor McGinn Portrait Conor McGinn (St Helens North) (Ind)
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When I was at home over Christmas, I took my uncle to the specialist cancer centre at Belfast City Hospital. It was a humbling experience to see the care and dedication provided by the staff in that world-leading facility, but the stresses and strains of a lack of funding and direction were clear. When institutions and systems fail, people suffer. This has to be the last time that legislation like this comes before the House. Let us get the institutions back up and running, or the Secretary of State, with the Irish Government, should find something else to sort it out.

Hilary Benn Portrait Hilary Benn
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I agree with my hon. Friend that this is the moment to get the institutions back up and running. I wish the person he referred to all the best in their treatment.

The civil servants are left to make decisions that ought to be made by elected representatives. In the case of public sector pay, for example, some workers have not had a pay rise for almost three years—that should hardly bear repetition—and no decisions have been taken because there is not enough money in the budget to do so. That is why there was such a large strike last week, and I see that further industrial action is likely coming towards us. Everyone, including the Government, now recognises that that is not a sustainable position.

The proof on the Government’s side is that, in announcing the financial package, they identified money for public sector pay, but it will not be released until such time as the Executive are restored. If I may be frank, I understand why the Secretary of State took that decision initially, but in relation to public sector pay, that moment has now passed. That is why I called on him last week to release that part of the budget package so that the disputes can be settled, workers can get their pay increases and public services can try to address the many challenges that they face.

Sammy Wilson Portrait Sammy Wilson (East Antrim) (DUP)
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The right hon. Gentleman is making an important point. Many public sector pay awards have been made—nearly 50 over the past year. The only reason the current one is not being made is that the Secretary of State is holding teachers, nurses and so on as pawns in the game that he is playing in his efforts to force us to make a decision that he wants us to make, but that we do not wish to make.

Hilary Benn Portrait Hilary Benn
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The right hon. Gentleman links the pay question to his stance on the DUP’s difference of view on the Windsor framework and the protocol. I say to him in return that it is equally true that if the DUP were to go back into government, public sector workers would get their pay increase. That is why I said a moment ago that I hope very much that that will be the case.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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Back home in the papers, with TV correspondents and in media statements, those in the unions say clearly that the problem does not lie with the politicians but—with respect—it lies with the Secretary of State for Northern Ireland, who has control of the moneys. He, in his own right, could settle the claims for those in education, healthcare and elsewhere. The moneys are there. The unions say, “Let the Secretary of State do it.” Has the shadow Secretary of State heard the same story that I have heard in the news and media?

Hilary Benn Portrait Hilary Benn
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I have indeed heard the unions making precisely that point. I have set out to the House that I understood why the Secretary of State took that approach initially, but I do not think that public sector workers should continue to be held hostage to the failure thus far. I hope that it will change soon in order to solve this problem, which is why I am calling on the Secretary of State to release the funds now.

We need to be honest about how we got to the deadlock that the Government, and indeed the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), as the leader of his party, have been grappling with. One of the many consequences of leaving the EU was that a decision had to be taken about what to do about trade across the border between Northern Ireland and the Republic. Everyone agreed that the border had to remain open—there were not many things on which everyone agreed when it came to Brexit, but that was one of them—and everyone agreed that the EU needed to be sure that goods crossing that border complied with the rules of the single market. There was no escaping that. The Government decided that the answer would be the Northern Ireland protocol.

Before I occupied this role, I was one of many people who argued that the implementation of the protocol would not work in Northern Ireland as originally intended, including for reasons that many in the Unionist community had pointed out. In fairness to Maroš Šefčovič, he understood what the problems were and changed the EU’s approach. That is why I genuinely believe that the Windsor framework represents a significant step forward, and why Labour voted for it.

Of course, detailed implementation will need to be worked through—that is another reason the Executive need to return—but most businesses tell me that the green lane is working reasonably well. As I said last week—I make no apology for reinforcing this point today—the framework is here to stay and will continue to be implemented by whoever is in government in Westminster. With respect, anyone who thinks otherwise has simply got it wrong, not least because any hope of negotiating future arrangements of benefit to Northern Ireland with the EU will depend on the Windsor framework being implemented. If the UK were to renege yet again on an international agreement that it has signed, which has happened before, no sanitary and phytosanitary agreement or anything else would be reached, because trust would once again have been destroyed—absolutely destroyed.

At the same time, of course, unlike the rest of the UK, Northern Ireland continues to enjoy ready access to both the UK and EU markets, which is a huge opportunity for jobs and economic growth in the years ahead. Those are facts that nothing will change. What the Government have been doing, as we all understand, is negotiating on measures that they could take to reinforce Northern Ireland’s position in the UK internal market. The right hon. Member for Lagan Valley has wisely and repeatedly said—and I support him in this—that any agreement has to be acceptable both to Unionists and to nationalists. That has shown great wisdom. In addition, there is now a financial offer on the table that I think provides a basis on which to go forward. After months of negotiation between the Government and the DUP, now is the moment to decide whether to restore the institutions.

On the detail of the Bill, of which there is not much, I have one question. In his press statement on 19 January, the Secretary of State said:

“I intend to introduce new legislation which will take a pragmatic, appropriate and limited approach to addressing the executive formation period and support Northern Ireland departments to manage the immediate and evident challenges they face in stabilising public services and finances.”

I take it from those words that actually he was referring to another Bill that he thinks might be needed if the current negotiations fail. Can he confirm that that is the case? I am not asking for any further detail, but we all hope that the institutions return and that such a Bill will not prove necessary. Will he assure the House that, as and when there is an outcome either way, he will immediately make a statement to the House?

Julian Smith Portrait Julian Smith (Skipton and Ripon) (Con)
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The right hon. Gentleman asks in his questions to the Secretary of State about plan Bs and alternatives, but does he agree that any alternative to restoration of the institutions is suboptimal and not the settled position of this House? All parties have as their primary policy on Northern Ireland governance the restoration of the institutions.

Hilary Benn Portrait Hilary Benn
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I agree 100% with the right hon. Gentleman. He anticipates a point that I am just about to make in my concluding remarks.

Northern Ireland has come a long way since the Belfast/Good Friday agreement in 1998. It is unrecognisable in so many ways, and for the better. In all of my meetings and visits, I have been so impressed and encouraged by the energy, enterprise and industry of those I have met, who are working hard to build a new and better future for the people of Northern Ireland. That really matters when we know, for example, that families in Northern Ireland have the lowest disposable incomes in the United Kingdom.

The longer there is no functional devolved Government, the harder it will be for those businesses to seize the opportunities that are available anyway, including because of access to the EU market. Businesses that are thinking of investing do not like uncertainty. They want stability—they want to know that a Government are in place—so the absence of a Government undermines the bright future that otherwise faces the people of Northern Ireland.

The basis of power sharing, which was at the heart of the Good Friday agreement—including devolved government—was essential to the making of progress. Of course, there have been bumps and difficulties along the way and periods of no Government, but a generation on from 1998, I simply want to echo the point made by the right hon. Member for Skipton and Ripon (Julian Smith): we cannot give up on devolved government. It is what we in this House believe in, and it is the responsibility that we all take on when we stand for elected office. We cannot have a system where any of us chooses to put down conditions and does not take part if those conditions are not met. That is not how a democracy works.

As I am fond of saying, we have to deal with the world as it is, as we seek to change it into the world we wish it to be. It cannot be, surely, that politicians from all parties and communities in Northern Ireland are somehow unable to come together to establish the Assembly, form an Executive and get on with the task of governing.

Robin Millar Portrait Robin Millar (Aberconwy) (Con)
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I am very much enjoying the tone and the thrust of the right hon. Gentleman’s speech. Of course, he is dancing between a majoritarian and a power-sharing arrangement in his comments, which are perhaps not quite as aligned as he might suggest.

This is not the first time that Stormont has been suspended. In the past, Sinn Féin refused to come back to the Assembly. As I understand it, that was due to concerns over the language, and the UK Government have taken steps in that regard in recent years. As such, would the right hon. Gentleman support the UK Government taking measures to address the current impasse over the Northern Ireland protocol, as modified by the Windsor framework? Could he support alterations that might be helpful in restoring power sharing and alleviating the concerns of the Unionist parties in Northern Ireland?

Hilary Benn Portrait Hilary Benn
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I am grateful for that intervention. I believe strongly in Northern Ireland’s place as part of the internal market of the United Kingdom. Since I took up this position, I have repeatedly made it clear that I will support any measures that reinforce that place and make it clear, but that are also consistent with the international commitments that the Government have signed up to.

Can I just pick the hon. Gentleman up on what he said initially? I am not arguing at all for a majoritarian position. I believe in power sharing—I am as wedded as the Secretary of State to the letter and spirit of the Good Friday agreement. I am making a point about the responsibility of politicians to participate in that power-sharing arrangement, and I would make those remarks equally to those who have collapsed the institutions previously and the current cause of the collapse, because in the end it is not in the interests of Northern Ireland to not have a functioning Government. I would like to clarify that.

Lord Redwood Portrait John Redwood (Wokingham) (Con)
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Will the right hon. Gentleman give way?

Hilary Benn Portrait Hilary Benn
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I will give way, and then I will finish.

Lord Redwood Portrait John Redwood
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The right hon. Gentleman is raising a very important point. The whole point of the agreement and of power sharing is that it is based on consent, so how can the Unionist community consent to lawmaking by the EU in which that community does not participate and has no influence?

Hilary Benn Portrait Hilary Benn
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The right hon. Gentleman asks a very pertinent question, but that is a consequence of a course of action that I personally did not think was a terribly good idea and he thought was a good idea. The moment we left the European Union, everybody knew that there would be a problem that had to be addressed. To keep that open border, there were only two practical propositions. The first was proposed by the right hon. Member for Maidenhead (Mrs May), the former Prime Minister: she came up with a scheme to try to keep the whole of the UK within the arrangements of the single market, having announced that we were leaving the single market. That did not work out, so the second option was to do the same in respect of Northern Ireland. That is where we are, and the Government eventually negotiated the Windsor framework, which is an important step forward. These things are going to have to be worked through.

Really, what we are talking about is the operation of the green lane. Everybody agrees with the red lane: if goods are coming into Northern Ireland to then head off to the Republic, of course they should be checked, and that is what the red lane is for. We are debating the operation of the green lane. The question is whether it makes sense for there to be no power-sharing Government institutions—no Assembly and no Executive—in Northern Ireland because of a debate and an argument about the operation of the green lane. My very strong view is that that is not sufficient reason not to have a functioning Government.

I will conclude just by saying that the people of Northern Ireland have been waiting long enough, and now is the time for everyone to get back to work.

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Hilary Benn Portrait Hilary Benn
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Now I can see the relief on the faces of the Government Whips. I will keep my remarks extremely short.

Once again, I thank the Secretary of State for being punctilious, in the proper sense of the word, in his dealings with me and in keeping me informed about what he has planned. I echo his thanks to civil servants, although I should think in civil service careers this is probably the easiest Bill to draft because that one line cannot have taken terribly long.

I join the praise for the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) for the speech he made and the passion he showed, and his willingness to set out the argument that has united all parts of the House, namely that it is in the interests of the people of Northern Ireland to have their Government back. In whatever further conversations they are due to have in the next few days, I wish him and the Secretary of State every success in bringing the situation to a conclusion. In the end, the people who will feel the benefit of an agreement are the people of Northern Ireland.

We criticise the Government, but we look to them when we want things to be done—when we want them to help us to deal with problems or to advance the interests of society. That is why the people of Northern Ireland have the same right as everyone else to see their Government in place. Let me refer back to the comments that I made at the start of Second Reading: I bring my contribution to the passage of the Bill to a close in, I think, a slightly better state of hope than when it began. I wish all those involved every success.

Question put and agreed to.

Bill accordingly read the Third time and passed.

Oral Answers to Questions

Hilary Benn Excerpts
Wednesday 22nd November 2023

(2 years, 9 months ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Speaker
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I call the shadow Secretary of State.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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I join the Secretary of State in his remarks about all those who lost their lives in the terrible Birmingham pub bombings. We remember them.

Last week, in Downpatrick, Newry and Portadown, I saw the terrible effects of the flooding on businesses and households, many of whom cannot get flood insurance and therefore face huge losses. Can the Minister assure us that once the initial £7,500 has been paid out to all businesses from the money that the Secretary of State announced during his visit, the Treasury will approve proposals for the use of the rest of the money quickly so that businesses affected can receive help and get back up and running again? If more is needed, will he provide it?

Steve Baker Portrait Mr Baker
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The rest of the money is within the power of the Northern Ireland civil service to spend, because it is reallocated funding. Alas, the Treasury is not under my control—all I can say is that I look forward to the day.

Hilary Benn Portrait Hilary Benn
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I thank the Minister for that answer. Traders will expect to see the money spent. There will have to be a review of what happened during the floods to learn lessons for the future, including things such as the need for a warning system—there is not currently one in Northern Ireland—better flood defences, and flood protection, which will all need funding in the years ahead. In the continuing absence of the Executive, which is really needed at a time like this, does the Minister agree that there should be a review? Does the Northern Ireland civil service have the power to establish such a review? If not, will the Secretary of State do it?

Steve Baker Portrait Mr Baker
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I agree with the right hon. Gentleman that a review is needed. I believe that it is possible for the Northern Ireland civil service to get on with that work under the powers that we have given it. If it transpires that that is not the case, I will write to him and put a copy of the letter in the Library. He is right—the insights he provides are wise and necessary—that we all want to work together to see a restored Executive, because it is for Northern Ireland Ministers to work with their Department for Infrastructure to deal with such matters.

Lindsay Hoyle Portrait Mr Speaker
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I call the shadow Secretary of State.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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May I take this opportunity to welcome my hon. Friend the Member for Putney (Fleur Anderson) to the Front-Bench team, and to express my thanks to my hon. Friend the Member for Gower (Tonia Antoniazzi) for all the service she gave during her time as part of the shadow Northern Ireland team?

As the House will be aware, we do not support this Bill, but I do not understand why the Secretary of State is seeking to overturn the amendments tabled by Lord Murphy and passed in the other place yesterday. I listened very carefully to the arguments advanced by the Secretary of State, but I do not think they stand up, because the Lords amendments would not take away the commission’s ability to issue immunity to an individual who comes forward and gives truthful evidence about what happened. Lords amendment 44E is not a veto, but it would allow the families of those who were killed or seriously injured in the troubles to have some voice in the process—I understand that relatives of those who were murdered are with us in the Gallery, and they are still seeking justice.

Let me turn to the other provisions, relating to licence conditions that would apply to the person seeking immunity. I acknowledge what the Secretary of State just said about other changes having been made to the Bill, but these provisions seem very sensible and reasonable to me. I include in that the requirement that the individual in question should not approach or otherwise communicate with a victim, in the case of an injury, or with a victim’s family, in the case of a death, unless they consent. So we will vote against the Government’s motion to disagree with the Lords amendments today.

The Secretary of State has talked quite a bit about a disincentive to people coming forward, but I say to him that it is not entirely clear that immunity will achieve the purpose that the Government have for it. Given that every other means of justice is to be closed down, and given that the commission appears to have a lifespan of only five years, those who have committed dreadful crimes only need to sit it out. I say to the Secretary of State that if that were to happen and after the five years are over those individuals start to talk about, boast about or write books about what they have done, how will he explain to the families of those they murdered why the Government allowed that situation to arise? That would be the consequence of taking away from people, as this Bill does, the means of justice, however hard, however long, however uncertain. I acknowledge the point that the Secretary of State made about that.

This is the last occasion on which we will debate this highly controversial legislation, which concerns how we come to terms with the terrible legacy of violence and brutality during the troubles in a way that enables those most affected—the families—finally to know what happened to the person they loved and to ensure that justice is done; to hold those responsible to account. This is the first time I have talked about this, given that I was appointed only on Monday, but I recognise how hard this is and I acknowledge the changes that the Secretary of State has made to the Bill during its passage, including his comment that when he inherited it he was not happy with it. However, he must accept that this legislation does not command the confidence of the people to whom he is trying to offer reassurance and comfort.

The most important word in the title of this Bill is “reconciliation”. We all want that to happen, but the Bill has self-evidently not achieved its aim, because all the communities in Northern Ireland are clearly not reconciled to its contents. It is so striking to see the extent to which the Government have failed to win support for their approach. The list of people and organisations opposed to this Bill is frankly astonishing: all of the political parties in Northern Ireland; the Churches in Northern Ireland; victims’ groups; the Northern Ireland Human Rights Commission; the former Victims’ Commissioner; the Irish Government; the Council of Europe; and the United Nations. Most extraordinary of all, it is reported that the person who has been appointed as the commissioner-designate, the highly respected Sir Declan Morgan, said recently that he would expect legal action by the families of victims of the troubles to try to challenge the Bill on whether it is compliant with the European convention on human rights.

That is the scale of the coalition that the Government have managed to range against themselves, but instead of reflecting on that, their approach has been to put their head down and plough on regardless. That is why, for all the Government’s good intentions, they have failed to win public confidence, even though the Government said in 2018:

“In order to build consensus on workable proposals that have widespread support we must listen to the concerns of victims, survivors and other interested parties.”

Doing the wrong thing is not a justification for this Bill, and if there is one lesson we must by now have learned about how to make progress in Northern Ireland, it is that it can only be achieved patiently, slowly and carefully, so as to build a consensus. I am sorry to say that the Bill does not do that and it will not achieve the purpose Ministers claim for it. That is why we are committed, as the Opposition, to repeal it, if we get the opportunity.

Lindsay Hoyle Portrait Mr Speaker
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I call the Scottish National party spokesperson.

Oral Answers to Questions

Hilary Benn Excerpts
Wednesday 6th September 2023

(3 years ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Speaker
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I call the shadow Secretary of State.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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The Windsor framework, which was agreed seven months ago, was a great achievement, but it was also intended to enable the restoration of power sharing in Northern Ireland. That has not happened. What is the Government’s plan? The Secretary of State refers to the conversations he is having, but what is the plan to get Stormont back up and running?

Chris Heaton-Harris Portrait Chris Heaton-Harris
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I sincerely welcome the right hon. Gentleman to his place and thank him for his question. Currently, there are issues with one particular political party. We are talking to that party on a very regular basis at this point in time. Those talks have moved forward substantially, but he would have to check in with the DUP leadership to see if I am correct. Just because the right hon. Gentleman cannot see that does not mean that it is not happening. One thing I have learned, as I have said many times from this Dispatch Box, is that just because talks are being held in a confidential manner does not mean that they are not taking place and moving forward.

Hilary Benn Portrait Hilary Benn
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The Secretary of State knows that there are concerns in the Unionist community about unfettered access for Northern Ireland businesses trading with Great Britain. The Government said last month in the border target operating model that they are committed to that access, as we all are, and that:

“These arrangements will be enshrined and further strengthened in domestic legislation”.

Can he tell the House when that legislation will be introduced?

Chris Heaton-Harris Portrait Chris Heaton-Harris
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Hopefully in very short order, dependent on making sure we have got it exactly right, so it answers the questions and allows Stormont and the Executive to re-form.

Northern Ireland Budget (No. 2) Bill

Hilary Benn Excerpts
Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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May I begin by expressing my thanks to my predecessor, my hon. Friend the Member for Hove (Peter Kyle), who has already been mentioned this evening, for the outstanding contribution he made in this role and to wish him well in his new job?

It is clear from the debates during the Bill’s passage that the current situation was not sustainable, hence the need for the Bill. Public services are under strain. Indeed, the Minister has just said that the pressures are acute and I agree with him. It is noticeable that the Bill has been widely perceived as a budget that does not take account of those needs and those pressures. It is clear that we cannot keep setting budgets in this way and that the structural problems in Northern Ireland are getting worse in the absence of an Executive. It is not fair or right to ask civil servants to make decisions which politicians should be making. The political vacuum in Northern Ireland is having serious consequences. The crisis facing the police service is all too evident—we discussed that earlier today in the urgent question—and the Secretary of State heard many references to the financial pressures it is already facing, never mind the costs that may arise from responding to the data breach. But there are concerns about other Departments, too. NHS waiting lists for Northern Ireland are the worst in our country. There are reports that Northern Ireland schools are only now being surveyed for structural weaknesses caused by reinforced concrete. If that finds that costs are required to be met to repair or replace those roofs, will that money have to come out of the budget set by the Bill? I understand that the Secretary of State has received advice from civil servants about possible revenue-raising measures. How does he plan to use them? Will they be published?

Those and other challenges are the stuff of Government. It is what we are elected to deal with wherever it is that we sit, but that is not happening in Northern Ireland at the moment and it needs to in the interests of its citizens, a point made very clearly by the hon. Member for North Dorset (Simon Hoare), who chairs the Northern Ireland Affairs Committee. On Second Reading before the recess, the Secretary of State said:

“The summer therefore presents an opportunity for the Northern Ireland parties to come together as a restored Executive and take their own budget legislation through the Assembly, making the remaining stages of the Bill in this place superfluous.”—[Official Report, 10 July 2023; Vol. 736, c. 101.]

Now, we would all wish that that had happened but, as my hon. Friend the Member for Gower (Tonia Antoniazzi) pointed out, it is not entirely clear what was done over the summer by the Government to try to bring the Northern Ireland parties together. We know that the Prime Minister was very happy to visit Northern Ireland after the Windsor framework—a great achievement, but it was meant to restore power sharing—but his absence since has been noticeable. And it is not clear, to be honest, what the Government’s plan is now to regain trust, including by responding to the continuing concerns expressed by the Unionist community in Northern Ireland to enable the institutions to get up and running again.

The Labour party does not oppose the Bill as to do so would cause deeper instability, but, as I think everybody who has contributed so far tonight has said, the best and only way forward is the restoration of Stormont so that local representatives can get to grips with the budget and be accountable to the people who elected them, the people of Northern Ireland, for the decisions they make. Frankly, that day cannot come soon enough.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I call the Scottish National party spokesperson.

Police Service of Northern Ireland: Security and Data Protection Breach

Hilary Benn Excerpts
Monday 4th September 2023

(3 years ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

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

Lindsay Hoyle Portrait Mr Speaker
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I welcome the new shadow Secretary of State.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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May I say that I look forward to working with the Secretary of State in the interests of peace, prosperity and progress in Northern Ireland?

The release of the names and workplaces of thousands of PSNI officers and staff was doubtless inadvertent, but its consequences could not be more serious. That has now been recognised by the chief constable, Simon Byrne, who is resigning—I join the Secretary of State in thanking him for his service. Those who serve in the PSNI confront great risks every day in their job to keep the public safe, and we thank them. But they already knew that dissident republicans were targeting them and their families, and now they know that those who would do them harm have this list. The damage to morale and confidence should not be underestimated. They are asking urgently, “What will be done to reassure and protect us?”

Does the Secretary of State agree that the inquiry needs to be completed as quickly as possible? Can he confirm that he will approve the appointment of the new chief constable in the absence of a Justice Minister in Northern Ireland? Does he intend to review the operation of the Northern Ireland Policing Board and how it functions? Does he recognise that there will be additional costs in protecting staff, as well as responding to potential civil claims? There were already great pressures on the Northern Ireland policing budget, and the cuts it now faces will, in the words of the PSNI, leave the service “smaller…less visible, less accessible and less responsive”.

Finally, the whole House wants to ensure that the staff get the support, protection and reassurance they need, but to succeed in doing that we need leadership from the Government and the political parties in Northern Ireland, to get the Assembly and the Executive up and running again as quickly as possible.

Chris Heaton-Harris Portrait Chris Heaton-Harris
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I welcome the right hon. Gentleman to his place and look forward to working with him. As I mentioned outside the Chamber, I will happily brief him on any aspects and will arrange technical briefings from my officials so that he can be brought up to speed quickly. I would like to put on record my thanks to the former shadow Secretary of State, the hon. Member for Hove (Peter Kyle), who is present, for the way he went about his business and for the very co-operative way we dealt with business. I appreciate it and wish him well as we move forward.

The right hon. Gentleman asked about the inquiry. Yes, it needs to be expedited. A timetable has been set up by the Policing Board, which is independent, and I believe that it reports in three months’ time. It is quite a fundamental inquiry, and I hope in that time it will be able to bring all the answers required to the table. He asked about the appointment of a future chief constable; if the institutions of the Executive and the Minister for Justice are not present, we will have to pass secondary legislation in this place to allow that to happen. All that depends on the Policing Board going about its business and recruitment—I believe that is very much a rubber stamp of its work.

The right hon. Gentleman asked about the Policing Board and reform. I spoke to a number of board members before the resignation of the chief constable, and they all know that the spotlight is on them and how they deal with this. I would like to wait and see how they discharge their duties over the course of the next few weeks before I commit to reform, because there are good people there who have the ability to do the job.

Finally, on the budget, which I mentioned in my answer, the right hon. Gentleman forgot to mention that the Information Commissioner will come out with a decent fine for the data breach. We will have to take a whole host of things into account. As and when they materialise, we will look at them.

Belfast/Good Friday Agreement: 25th Anniversary

Hilary Benn Excerpts
Thursday 30th March 2023

(3 years, 5 months ago)

Commons Chamber
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Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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It is a privilege to take part in this debate: what we may lack in numbers has been more than made up for by the quality of all the speeches we have heard thus far. Maybe it is a sign that we have taken what was achieved 25 years ago for granted, but I agree with at least two speakers who have said that we should never, ever, ever do that.

It is an occasion to say thank you, and many people have been thanked. There are two people who have not been mentioned so far: Margaret Thatcher and Garret FitzGerald. The 1985 Anglo-Irish agreement was hugely significant in the series of events that led up to what happened 25 years ago, because it embraced the legacy of the history that has bound Ireland and Britain together. It put to rest the idea that what was happening in Northern Ireland was a trouble in just a part of the United Kingdom that had no relationship to what had gone on over 800 years, from the original Norman invasion and the claim of the English kings to the land of Ireland, and the way in which the Irish people were denied their land, their voice, their language, their culture and their political representation during the course of those 800 bloody years.

John Major, of course, also helped to lay the foundation, and Tony Blair, Bertie Ahern and Mo Mowlam have been mentioned already. We should add George Mitchell, as well as Jonathan Powell, who probably spent more time than anyone else on the shuttle from London to Belfast, back and forth to help lay the groundwork. As the Secretary of State said, countless other people—many others, some of whom have been mentioned—contributed to this unique moment.

I grew up in London. I watched the reporting of the troubles on the television and I read about it in the newspapers, and I will be frank: like many people, I despaired at what I was seeing. If you lived in London during the 1970s and 1980s and you got on the underground, you would look around the carriage to try to see if there were any bags that did not appear to belong to anyone who was travelling. For as long as I live, I will never forget the only time that I have heard a bomb go off. I was in bed, and it was this sound—you might think it is a bang, but as I heard it, it was a kind of deep thump. It appeared to be so close that I got out of bed, got dressed and went down to Kensington High Street, which is where I was living at the time. I thought that it must have been there; it turned out that it was two and a half miles away, but the sound had travelled through the night air.

If someone had said to me at that precise moment, “I know you may be despairing, Hilary, and look at all of this violence, but at some point in the future, the man who in opposition to the agreement that Margaret Thatcher signed famously stood up and said, ‘Never! Never! Never! Never!’ and a former leader of the provisional IRA will sit side by side with each other as the First Minister and Deputy First Minister of a power-sharing Government”, I would probably have said to that person, “I would love to live to see that, but I do not suppose I will.” But I did—we did. That tells us how extraordinary that moment was.

What was achieved in the run-up to the event we are celebrating was astonishing. It was inspirational and full of hope. I trust there is nobody in the country who has not watched the last episode of “Derry Girls”. I think the Chair of the Select Committee, the hon. Member for North Dorset (Simon Hoare) has referred to it in a previous speech. I watched that episode—anyone who did was profoundly moved—and I wept, I will be frank, because it conveyed the sense of hope that that process had brought to pass. For those who have not watched it, it is set against the background of the run-up to the referendum that took place in May in Northern Ireland and in the Republic. The episode just crystallised that sense of hope that the agreement gave to the people of both those places.

Having taken that step, those entrusted with political responsibility in Northern Ireland have a duty—I use that word advisedly—to make the institutions work. We have seen how one side and then the other has walked away, because they are capable of doing so, collapsing the institutions. I understand the reasons, perhaps more so in the latter case than in the former, in what began I think as a row over the renewable heat incentive in Northern Ireland. It was actually about other things—the Irish language Act, the honouring of agreements that had been entered into and so on—but there is a great responsibility from the legacy to make those institutions work, because the agreement has given something so precious to the people of Northern Ireland, which is not absolute peace, but peace that is so much better than what had happened before.

As the hon. Member for Strangford (Jim Shannon) made reference to service, I was sitting here calculating. I served 20 years as a councillor and have served nearly 24 years here in this House, so I am heading for 44 years as an elected representative. We get elected, and I think the public expects us to turn up and do our job. Why do we work so hard to get elected if we are not going to turn up and do our job? There is also a responsibility on others not to do anything that will undermine what was achieved 25 years ago. That is why the Windsor framework was so important. The parties to the negotiations finally realised that as well as dealing with relations between Britain and the EU going forward, something very special was at stake.

The last point I want to make is about the lessons. My hon. Friend the Member for Hove (Peter Kyle) made a terrific contribution from the Front Bench and reflected on some of those lessons. The first is that peace is built step by step. In thanking a whole load of people, one is going back in history over a long time. There are so many stages one could mention, but one is the sheer brilliance of the decommissioning process. If we think about it, the Provisional IRA was not under any circumstances going to hand over its weapons to the British Army it had been fighting. So great minds thought, “How the hell are we going to deal with this?” Someone came up with a brilliant idea: “What if we get someone independent and trusted, such as General de Chastelain?”—he has been referred to and should also be thanked—“and he will go to the places where the weapons have been put beyond use? He will come back and tell all of us, ‘Yes, I have seen them, they are there. They are not capable of being used any more.’” That was true for the weapons of the provisionals and of the loyalists.

When we are trying to build confidence step-by-step, the side that has experienced the violence of the other says, “They say they have given up, but how do I know?” There was a deep well of distrust, pain and bitterness because of all the lives that had been lost as a result of violence on all sides, yet that is how that part of the process was achieved.

The second lesson is persistence. All of those who did their bit over the years did not give up. I say to the Chair of the Select Committee, who reflected on what I think Tony Blair said about if Twitter had existed, that Twitter is not the real world, although we sometimes think it is. When we are looking for feedback on what we have been saying and we go on Twitter, there are plenty of people who will give us their opinion, but it is not the real world. Holding to a belief you have and your determination to achieve it is very important.

The third lesson is courage, which has been touched on. In conflicts and when people feel a wrong has been done, it is actually much easier to sit there and say, “I’m the victim, and you are my oppressor”, but then go around to the other side of the table—the mythical table—and the person there says, “No, no. I am the victim, and you are the oppressor.” We should reflect on the degree of courage that was required on the Unionist side—David Trimble and others—to say to the Unionist community, “You know what, they’re nearly half of the population, and we’re going to have to share power with them.” We should also reflect on the courage it took on the Provisional IRA side—Martin McGuinness and Gerry Adams—to say, “You know what, lads, we cannot bomb Northern Ireland out of the United Kingdom.” Those were two very courageous things to have said and steps to have taken at great personal risk, but without them, this would not have happened. The other lesson there is that nobody can want peace more than the parties to the conflict themselves—nobody. The outside involvement, with the efforts of the Americans and others, was hugely important, but in the end the parties to the conflict have to recognise that the game is up and that they have to compromise in the interests of peace. Of course, there is also leadership, because it is leadership that enables courage to turn into achievement.

This is one of the legacies of the Good Friday agreement. There is a wonderful organisation called Forward Thinking, which some Members in the House may know. It works in the middle east to try to build discussion and relationships between the parties to the conflict there. One of the things it does is bring people to Northern Ireland and the Republic; it says, “Sit down and listen to what people who were in effect fighting each other 25 years and more ago can tell you about how they transformed the lives of the people in their community by showing persistence, courage and political leadership.”

The final thing I want to say is that it is in many ways easy to say no, and it is sometimes really difficult to say yes, yet when we do so, just look at what can be achieved. That, I think for all of us, is the true legacy of that miraculous Good Friday 25 years ago.

Northern Ireland

Hilary Benn Excerpts
Wednesday 22nd March 2023

(3 years, 5 months ago)

Commons Chamber
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Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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I confess that when I read the Windsor framework I was surprised, and pleasantly so, because as the Secretary of State told the House earlier, there were things in it that I did not think negotiation would manage to achieve. It is to the great credit of the negotiators, and to the great credit of the DUP, that they have achieved so much in this agreement. The EU has had to move a long way.

This proposal is very sensible. Leaving the European Union always confronted us with a choice in what to do about the border between Northern Ireland and the Republic. Apart from those who said, “That’s not my problem. Leave it to the EU,” everyone knew that some arrangement had to be put in place. The result was the protocol, but it did not work. The Windsor framework provides a way forward. In particular, the Stormont brake answers the point DUP Members make in this House about future EU legislation, because the brake is available.

Secondly, I wanted to respond directly to the point the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) made about existing EU law that continues to apply in the United Kingdom. Many pieces of EU legislation have applied in Northern Ireland as part of the United Kingdom for years. Have they had an impact on the ability of Northern Ireland businesses to trade with rest of the United Kingdom? No, they have not. They continue to apply in Great Britain because of EU retained law.

When the Government decide which of those pieces of retained law they want to dispose of or change through the Retained EU Law (Revocation and Reform) Bill, they have a choice about the extent to which they want to create divergence. I suspect that, by the end of this year, many of those pieces of legislation will still apply in Great Britain, because divergence creates problems. That is the point that the former Prime Minister, the right hon. Member for Maidenhead (Mrs May) made in a speech shortly after the referendum: divergence results in our having to make a choice.

The final point I want to make is that it is very striking that businesses will take decisions for themselves. There was a recent example: the EU decided to reduce the amount of permitted arsenic in baby foods. What did manufacturers in Britain do in response? They did not wait for the Government to say, “Well, we might or might not follow suit”; they said, “Henceforth, we will of course produce baby foods matching the EU standard”, because they want to continue to be able to sell their products. Ultimately, businesses will decide the standard that works for them. This is a very sensible measure. I congratulate the negotiators, and I really hope the House will vote for it.