Industry and Exports (Financial Assistance) Bill

Sammy Wilson Excerpts

Monday 23rd February 2026 Commons Chamber

[Jim Allister (North Antrim) (TUV)]

Given that the Bill applies across this United Kingdom, one would naturally assume that it will bring a level playing field to this United Kingdom, and deliver parity and equality of opportunity for companies across the United Kingdom. These companies are all taxed on the same basis and pay into the same Treasury, so the reasonable expectation would be that if financial assistance is available and they qualify for it, they should be equally able to obtain it.

Sadly—although one would not know it from reading the Bill—that is not so, because the Bill is subject to a higher authority in respect of my constituency and the whole of Northern Ireland: sadly, we remain subject to EU state aid rules, which cap the delivery of that parity and equal opportunity for companies operating in my part of the United Kingdom.

The imposition of the EU’s state aid rules arises from article 10 of the protocol now called the Windsor framework, which the EU has accurately described in these terms:

“This means that EU State aid rules will continue to apply to the EU Member States, as well as to the United Kingdom in respect of aid that has an effect on the trade between Northern Ireland and the European Union that is subject to the Windsor Framework. It follows from other provisions of the Windsor Framework, and in particular its Articles 5 and 9, that trade in goods and wholesale electricity is subject to the Windsor Framework”.

Being subject to the Windsor framework means that, under article 10, we are subject not to the rules of this House on state aid but to the rules of a foreign jurisdiction, which makes rules and laws that we can neither unmake nor change. Therein lies the fundamental objection: though we are passing a Bill that rightly raises the thresholds of available assistance in Northern Ireland, this House is not sovereign in that regard. The Government can only grant that state aid to the level that the EU permits under its state aid rules.

[Sammy Wilson (East Antrim) (DUP)]

Does the hon. and learned Member accept that the situation is even worse than that? If goods that are subsidised or get state aid in GB have a tenuous connection with markets in Northern Ireland, the EU can again limit the amount of state aid given, disadvantaging some producers even here in GB.

[Jim Allister]

Yes, that is absolutely right. The Windsor framework is premised on an assumption of risk that goods from Northern Ireland will permeate the EU market, and therefore goods supplied from GB companies into Northern Ireland are also subject to that risk. If that risk is manifested, it would appear that those companies are also subject—or could be subject—to the same state aid restrictions.

We are supposed to be one sovereign United Kingdom, but the EU requires that businesses in Northern Ireland do not benefit from the same state aid to the extent that the goods in question might be sold into the EU. That inevitably puts businesses in my constituency, which pay the same taxes as businesses across the United Kingdom, at a distinct disadvantage compared with what in some cases might be competitors across GB in the production of goods.

In fact, it is even worse for Northern Ireland companies, particularly manufacturing companies. As part of the integrated United Kingdom market, those companies depend more often than not on their supplies and raw materials coming from GB, but that supply is now fettered by the Irish sea border. Those raw materials now have to pass through an international customs border with paperwork, declarations and, in some cases, tariffs, all of which add to the cost of business. Not only are businesses subject to the extra cost insisted upon through the Irish sea border, but they are now put in a position where they cannot have equal access to the state aid that might be available elsewhere. That is a fundamental inequity as it applies across this United Kingdom.

The situation is further compounded by the fact that if there is a dispute about whether something amounts to state aid or whether it infringes EU state aid rules, that is not decided by our courts, but by the European Court of Justice. Not only are we deprived within the supposedly sovereign United Kingdom of the right to grant equal state aid across this United Kingdom, but, if there is a question as to its validity, it is a foreign court that adjudicates upon that because of our subjection to EU law. It really is a double whammy in that regard.

Of course, the inevitable consequence is a chilling effect when it comes to Government considering whether to give state aid to Northern Ireland: they know that there could be a challenge from the EU and that that challenge could go to the European Court of Justice, with all the bother that entails. That chilling effect will therefore cause the Government to hold back from giving that aid. The loser, again, is businesses in Northern Ireland.

[Sammy Wilson]

Would the hon. and learned Gentleman accept that there is a further chilling effect? Namely, companies that might decide to invest in GB or in Northern Ireland may well feel that since they would be able to achieve less support in Northern Ireland than in GB, they will simply choose to invest outside Northern Ireland in GB, and jobs and investment opportunities will therefore be lost as a result of the picture he has painted.

[Jim Allister]

Of course. That is further compounded by the fact that if those companies did set up in Northern Ireland and were manufacturing businesses dependent on raw materials coming from GB, as most are, they would have to pass through an international customs border with extra costs as well. In Northern Ireland, they are being invited not only to set up in a place where state aid may be capped by a foreign jurisdiction, but to set up in a jurisdiction where the raw materials will, by virtue of the Irish sea border, cost them more.

The Minister will say, as he has said to me before, “Ah, but you have the advantage of dual market access.” No, we do not. We have the worst of all worlds in Northern Ireland. We have the worst of all worlds in the sense that our raw materials are hiked in price because of the Irish sea border, and we now have the reduction in available state aid—

--- Later in debate ---

[Chris Bryant]

If the hon. and learned Member will allow me, I will respond to the points that were made by him and the hon. Member for Upper Bann (Carla Lockhart).

First of all, the requirements under new clause 1 are completely unnecessary because UKEF already reports annually, as required by legislation. All of that is cleared through the National Audit Office. It is all there, perfectly available for anybody to see. I got a sense that there was a suggestion that Northern Ireland was losing out because of the money from UKEF. It is quite the reverse. If either Member wants to go through what is already published in this sphere, they will see for themselves precisely how well Northern Ireland does—and, of course, it should do.

The whole point of the two Acts that we are referring to today is that they should be able to enable—[Interruption.] I will give way to the right hon. Member for East Antrim (Sammy Wilson), if he could just hold his horses for a very brief moment.

I have two further points. First, UKEF has offices across the whole of the United Kingdom, including in Northern Ireland. I think there is a misunderstanding here. Some people seem to suggest that what happens is that the Government say, “Give money to that business over there.” That is not what happens. This is a demand-led process, where UKEF is able to respond to the demand that arises. We need to make sure that that is spread across the whole of the United Kingdom, and that is what we intend to do.

[Sammy Wilson]

Northern Ireland would expect to do well out of this process, because proportionally we export much more of our industrial production than other parts of the United Kingdom. The Minister rails against the decision on Brexit and so on, but does he accept that since the United Kingdom as a whole voted to leave the EU, the Government’s responsibility was to make sure that the whole of the United Kingdom left on the same terms?

[Chris Bryant]

I was not a member of that Government, and I did not support the deal that the right hon. Member supported in the first place, which gave us some of the problems we have today.

I want to make sure that all the businesses across the whole of the United Kingdom are able to export. I have made the point before that just over one in 10 businesses in the UK export around the world. If we could manage to double that, it would be very good. I think something like 16,000 UK businesses that used to export to the European Union no longer do so, and I think that is an own goal. We are trying to reset our relationship with the European Union so that we can do better on exports.

I turn now to the comments from the shadow Minister, the hon. Member for West Worcestershire (Dame Harriett Baldwin), which were primarily aimed at money laundering and some of the issues in relation to Russia. I want to make absolutely clear that we are determined to do everything we possibly can to debilitate the Russian military complex: first, by making sure that it does not have the finances available to it, because it is unable to trade in the rest of the world; and secondly, by making sure that it does not have the materiel—the kit that it needs to be able to conduct its war. That is why the UK has implemented a comprehensive set of sanctions worth over £20 billion of UK-Russia trade.

In the UK’s next package of sanctions, we will introduce new sanctions on the direct and indirect export of goods from the UK to Russia, further tackling the issues in chemicals, minerals and metals that have been identified to have potential uses in Russia’s military industrial complex. We will target actors in Russia and third countries that support trade in Russian energy, including the shadow fleet vessels, refineries, terminals, and their facilitators.