Irish Border: Customs Arrangements

Pat McFadden Excerpts
Tuesday 1st October 2019

(4 years, 7 months ago)

Commons Chamber
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James Duddridge Portrait James Duddridge
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We need to find a solution to the border issue, and the original withdrawal agreement gives us extra time beyond exit date to do so. We are trying to bring forward those issues, work on them closely now and get more of the work done before a deal and exit day in order to avoid ending up in a long-term and complicated situation that causes problems in Northern Ireland, for the integrity of the UK and for our relationship with the EU.

Pat McFadden Portrait Mr Pat McFadden (Wolverhampton South East) (Lab)
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I want to take the Minister back to the question asked by my hon. Friend the Member for Wallasey (Ms Eagle) about the Government’s obligations to obey the law and abide by legislation passed by the House. Section 10 of the European Union (Withdrawal) Act 2018 says that Ministers must

“have due regard to the joint report from the negotiators…during phase 1”—

in December 2017—and that nothing in the Act

“authorises regulations which…create or facilitate border arrangements…which feature physical infrastructure, including border posts, or checks and controls, that did not exist before exit day”.

He has told us to discount reports from RTÉ overnight that suggest that the Government were planning infrastructure a few miles from the border. Would he regard such physical infrastructure a few miles back from the border as incompatible with the legislation this House has passed?

James Duddridge Portrait James Duddridge
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I am tempted to give a simple answer to a straight question, but, because it relies on detail, I will write to the right hon. Gentleman and confirm what I think is the bleeding obvious. Given what he says, it seems to me that there is an obvious answer—[Hon. Members: “Give it!”] I have said I will give him a good answer and make sure it is proper in relation to that Act.