Northern Ireland Protocol Bill

Philippa Whitford Excerpts

2nd reading
Monday 27th June 2022 Commons Chamber

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

The Bill unilaterally sets aside significant provisions of the Northern Ireland protocol, an international agreement for which the Prime Minister was quite happy to take credit when he claimed in the 2019 election campaign that he would “get Brexit done”. The Foreign Secretary has said that the Bill is needed to protect the Good Friday agreement, but dismantling the protocol against the will of the majority of people in Northern Ireland also risks undermining that agreement. She said that the protocol needs cross-community consent. Indeed it does, but does she have consent from both communities for this Bill? I doubt it.

Scant consideration was given to the Province by Brexiteers before the referendum, nor was consideration given thereafter to the fact that the majority in Northern Ireland, as in Scotland, voted to remain in the EU. It is the UK’s exit from the EU, rather than the protocol, that has created the difficult situation for Northern Ireland. That was recognised by the then First Minister Arlene Foster when she demanded a special trading arrangement for Northern Ireland shortly after the referendum—a request for special treatment that she and her party now repudiate.

As my hon. Friend the Member for Gordon (Richard Thomson) has already highlighted, there were only three choices: a border on the island of Ireland; close alignment between UK and EU standards to reduce checks, including a veterinary agreement; or checks carried out at Northern Ireland ports. The return of border infrastructure in Ireland was seen as an unacceptable threat to peace, but it was the Prime Minister’s choice of a hard Brexit with maximal divergence from the EU that inevitably left checks on Irish sea crossings as the only remaining option.

The issues posed by an Irish sea border were clearly highlighted in the Government’s own impact assessment, which undermines the claim of sudden necessity and means that the Prime Minister’s December 2019 claim that there would be

“no question of there being checks on goods going NI-GB or GB-NI”

was disingenuous, to say the least. The UK Government state that there is no need for checks, as current UK regulations are close to those of the EU; indeed they are, but the Government are proposing a bonfire of EU regulations and are already negotiating trade deals that would allow lower-standard foods and goods to be imported into the UK.

The Prime Minister cites economic failure and the outcome of the recent Northern Ireland elections as justification for tearing up the agreement, despite a clear majority of Assembly Members supporting the protocol in principle, and despite recent economic data showing Northern Ireland outperforming Great Britain. Business surveys by the Northern Ireland Chamber of Commerce and Industry show that two thirds of local businesses have now adapted to the protocol, and 70% claim that they see advantages in their dual position, which is something that the rest of us in the UK have lost.

[Angus Brendan MacNeil]

My hon. Friend is quite right that there is an advantage to business and to the economy of Northern Ireland. Interestingly, last week the Secretary of State for Northern Ireland could not tell me whether the Government had done any economic analysis whatever.

The Minister for Brexit Opportunities has said that introducing a border for imports in the United Kingdom

“would have been an act of self-harm.”

If that were to happen, it would make it even more obvious that the Northern Ireland protocol was an economic advantage to Northern Ireland. It would not be doubly hampered—first by this, and secondly by the completion of Brexit borders.

[Dr Whitford]

I thank my hon. Friend for that intervention. It is without question that issues with, in particular, the implementation of the protocol remain: 29% of businesses are still experiencing some difficulties, although the number of businesses facing serious problems has dropped from 15% to 8% since last year. That improvement over time suggests that some of last year’s problems could have been avoided if businesses had been given more than a matter of weeks to get ready for last January.

I think we all recognise that supply chains from GB producers and manufacturers would certainly benefit from technical improvements, especially improvements to reduce the burden on goods that are for sale purely in Northern Ireland, but while the EU proposed mitigations last October—including an express lane for exactly those kinds of goods—the UK Government have not engaged in any discussions since February, so talk of 18 months of solid negotiation is nonsense. Despite the remaining challenges, Northern Ireland business leaders have made it clear that while they seek improvements, they do not want the protocol to be removed.

The loss of trust in the UK Government to honour their commitments is already holding back participation in Horizon Europe to the detriment of research teams across the UK, especially in Scotland, where they had disproportionate success in attracting EU funding. Disapplying almost half the protocol undermines a key part of the withdrawal agreement, and, as others have said, runs the risk of provoking a trade war with the EU, further exacerbating the cost of living crisis. The EU would then be likely to place tariffs on UK exports, and, given that Scotland produces the UK’s leading food and drink exports—whisky and salmon—Scottish businesses would bear the brunt of such retaliatory action.

It is vital that the UK and the EU get back round the table with all the stakeholders from Northern Ireland to discuss practical improvements to the implementation of the protocol, reducing the friction and intrusion to a minimum while keeping the economic benefits for the Province. Solutions can be achieved only with willingness, trust and good will, but, sadly, those are now in very short supply, and unlikely to be improved by the Prime Minister’s plan to wreck an international agreement that he signed less than three years ago.

Northern Ireland Protocol Bill

Philippa Whitford Excerpts

Committee stage
Wednesday 13th July 2022 Commons Chamber

[Sir Jeffrey M. Donaldson]

I am many things, but I am not a prophet, so I cannot say with certainty that this will happen or that will happen. But I can point to this: when the protocol, as part of the withdrawal agreement, was before this House, we warned then of the consequences of the protocol. We are not late to the table in recognising the real difficulties that the protocol would cause in Northern Ireland for businesses, consumers, and our place in the United Kingdom. I am certain that the proposals put forward by the Government in this Bill are reasonable, fair and proportionate, and will offer what business needs to continue trading within the United Kingdom and with the European Union. That is the kind of certainty that businesses are looking for.

Let me turn to the point raised by the hon. Member for Stone (Sir William Cash), for whom I have great respect. This is very important. When the Government, and indeed those who supported Brexit, argued very strongly the case for the United Kingdom to leave the European Union, it was about taking back control—control of our borders, our money and our laws. Yet in the part of the United Kingdom that I have had the honour and privilege of representing in this House for 25 years now, this does not apply. As he said, many regulations applying to business in Northern Ireland, and how we trade with the rest of our own country, are now being made in Brussels without any democratic input whatsoever from anyone in Northern Ireland—not from me and my colleagues as Members of Parliament, or from Members of the Legislative Assembly at Stormont.

There is a democratic deficit that means that we are having laws imposed on us over which we have no say. That is not taking back control in our part of the United Kingdom. In terms of money, our rules on VAT and on state aid, for example, are determined not by this Government—not by this place—but by the European Union. We have no input into how our VAT rules are drawn up or into the rules on state aid, which apply to support for businesses in Northern Ireland We do not have complete control of our money in Northern Ireland and we are losing out because of those restrictions. It is therefore very important for us that we get this right. I believe, as I said, that what the Government have proposed is fair and reasonable, and will restore Northern Ireland’s place fully within the UK single market.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

Obviously the loss of input in being at the top table is a feature of Brexit. It is a feature of all countries that are members of the EEA single market, but not of the EU. Norway, Iceland and others do not get to make those decisions. Is the right hon. Gentleman suggesting that he would prefer it if Northern Ireland were completely out of the single market? Being in the single market is the privilege that Northern Ireland has. It is helping its economy and it is supported by all business leaders. It was what Scotland asked for and was refused.

[Sir Jeffrey M. Donaldson]

We are not Norway; we are Northern Ireland. Northern Ireland is not in the single market, and let us be clear about that. The protocol requires us to align our regulations on manufacturing of goods with those of the EU single market. We are out of the single market and we are out of the EU’s customs union, but we are required to abide by its rules. That is the position in which we find ourselves, and I say to the hon. Lady that the solution the Government are offering will enable businesses to continue trading with the European Union in a way that is helpful and beneficial for cross-border trade, for my farmers and for our agrifood processing industry. Things will still work for Northern Ireland, but the Bill will also ensure that we can trade freely with the rest of the United Kingdom, which we believe is fundamental to our rights as part of the Union.

In conclusion, we believe that this Bill has the potential to move us forward in resolving the problems created by the protocol. The regulations that will be put in place when this Bill is enacted are fundamentally important to delivering those solutions. The Bill will address the democratic deficit and mean that once again, all the United Kingdom has a say in how our money, our laws and our borders are controlled. Finally, it will enable us to restore political stability in Northern Ireland by seeing the political institutions back up and running again and protecting the Belfast agreement and its successor agreements, including St Andrews and New Decade, New Approach, which was the basis upon which we re-entered government. We will not re-enter government until we are clear and sure that what the Government are taking forward will deliver what we need for Northern Ireland.

--- Later in debate ---

[Michael Ellis]

I will not give way.

The European Union is not willing to entertain the changes that are necessary to fix the issues with the protocol, so the Government’s judgment is that, absent a change in stance from the European Union, we have to be realistic. Good faith negotiations to resolve the issues with the protocol have already been exhausted. As I say, there have been 26 separate meetings with the Foreign Secretary and Lord Frost.

Amendment 5 would require that this judgment be endorsed by both Houses of Parliament and, where relevant, the Northern Ireland Assembly, but this would not be appropriate.

[Dr Whitford]

Will the Minister give way?

[Michael Ellis]

I am not giving way, as I have indicated. I will give way in due course.

It has long been the position that the Northern Ireland protocol and negotiations regarding it are, like any other treaty, a matter for the Government, operating under the foreign affairs prerogative. The Executive must retain that prerogative for very good reasons. Because of the protocol, there is anyway no Northern Ireland Assembly currently sitting to provide the consent that this amendment would require. This Bill aims specifically to restore stability in Northern Ireland and a working Assembly—that is the very essence of it—so there is an essential flaw in the amendment’s logic in requiring the Assembly to approve the operation of the Bill. That is why I ask the hon. Member for Foyle (Colum Eastwood) not to press the amendment. Of course, the Government will continue to update Parliament and the Northern Ireland Executive, when they return, on the status of talks with the EU regarding the protocol, and to consult stakeholders in Northern Ireland on the operation of the Bill.

--- Later in debate ---

[Peter Kyle]

No, I will not give way. If the right hon. Gentleman were really committed to this issue, he would not have walked in halfway through and started intervening on people. The time to be here was at the beginning, and then he should be here in time to make a speech.

[Dr Whitford]

Will the hon. Gentleman give way?

[Peter Kyle]

I will give way, but then I will make some progress, because I am very keen to hear from other Members.

[Dr Whitford]

Is not the problem with this Bill that it will not give voice to people in Northern Ireland or their representatives? It puts all the control in the hands of a Government Minister here in Westminster.

[Peter Kyle]

As we have seen throughout the Government’s response to the challenges of Brexit, they have repatriated powers from the EU but have hoarded them, often not just for Whitehall but for themselves. These often end up being the powers of patronage that Ministers have wielded for their own benefit, and for the benefit of the political party that we see opposite us, rather than for the benefit of our entire country.

For 25 years, the balance between majority opinion and the power-sharing between both communities in Northern Ireland has been a delicate one, but, extraordinarily, this Bill fails on both. To gain the support of one community, they are in danger of losing another. On top of that, a majority of Assembly Members have signed a letter rejecting the Bill. The Bill might persuade some in the short term, but it will not get Northern Ireland back on track into the long term.

--- Later in debate ---

[Richard Thomson (Gordon) (SNP)]

I take this opportunity to welcome the new Secretary of State to his place; I look forward to working with him.

I rise to speak to amendments 29 and 30 on the Order Paper and to give notice to the Committee that I intend to put clause 15 to a vote, as it is the heart of the Bill. My party is opposed very much to the Bill in principle. In our view, the hard reality is that Brexit is not working for any part of the UK.

It was Brexit that created the need for a protocol, and we have been clear that within the ambit of that protocol there ought to be room for flexibility. It should be possible for a UK Government who are acting in good faith and are trusted to be able to negotiate constructively within the workings of that protocol to deliver better outcomes, which I think none of us would object to seeing.

We have seen that there is considerable overlap between the proposals of the UK Government and the European Union in terms of the opportunities presented by sanitary and phytosanitary checks and the labelling of goods to eliminate many of the checks currently causing so much difficulty and interrupting trading arrangements. However, introducing a Bill that will break international law and relies on the rather flimsy—at least in the context of the information we have—concept of necessity, is certainly not the way to go to build that trust.

The Bill will damage the UK’s standing in the world. Without a shadow of a doubt, it undermines the UK’s commitment to the rules-based international order. The Law Society of Scotland, which is not known as a revolutionary or radical organisation in such matters, has gone so far as to say that the UK Government should,

“as a matter of principle, comply with public international law and the rule of international law, pacta sunt servanda (agreements are to be kept)”.

That should be honoured. It strikes me that even citing the legal doctrine of necessity is tantamount to an admission of a potential future illegality, since the defence is only relevant when international law is being broken. On a political level, there is tremendous difficulty for the Government in seeking to put this argument across. The agreement was freely entered into, on terms that they in many respects insisted upon, which was not only lauded, but which the UK Government actively curtailed the time and opportunities for parliamentary scrutiny in respect of. That takes a considerable amount of chutzpah.

Although we do not consider it unreasonable for the UK Government, in light of experience, to seek to renegotiate the terms on which our future trading relationship with Europe is based and how that impacts Northern Ireland, we do not believe the Bill will create the conditions where such a negotiation might progress or allow the Government to act within the letter and spirit of international law. It also brings the risk of consequences, a reaction and a potential harshening of the trade situation, which would simply make matters worse for everyone right across the United Kingdom.

[Dr Whitford]

Is my hon. Friend not concerned that, if this Bill were successful and therefore both the European Court of Justice and the rules of the single market were set aside, untold harm would be done to the economy of Northern Ireland?

[Richard Thomson]

Yes, I think untold additional harms could befall Northern Ireland—and not just Northern Ireland, but all parts of the UK. That is why it is important that the Government’s stated position of preferring negotiation is the one that they pursue wholeheartedly. I am very concerned at the suggestion that there has been no direct dialogue between Her Majesty’s Government and the European Union on this since February; I sincerely hope that is not true.

Time does not permit me to speak on further amendments, but I am particularly attracted to amendment 1 tabled by the hon. Member for Bromley and Chislehurst (Sir Robert Neill), who seems to be rapidly becoming the critical friend that this Government perhaps do not deserve, and whose argument is very sound. We also fully support new clauses 7, 8 and 10.

The only way forward on this is negotiation, and the Bill will risk our ability to take that forward. I urge the Minister to accept the amendments that have been tabled in good faith but fundamentally to put the Bill on ice until the Government are back in a stable position, and then proceed on the basis of that reorganised mandate to achieve the negotiated settlement that each of us desperately needs.