Northern Ireland

Debate between William Cash and Chris Heaton-Harris

Thursday 1st February 2024 Commons Chamber

[Sir William Cash (Stone) (Con)]

As my right hon. Friend may expect, I shall now refer to section 38 and ask him a question about it. On the amendments made under the statutory instrument—which is not by Act of Parliament, of course—the arrangements under section 38 of the European Union (Withdrawal) Act 2020 state that the Parliament of the United Kingdom is sovereign and that its sovereignty subsists notwithstanding section 7A of the 2018 Act, including the Windsor framework. My right hon. Friend will know what I am saying: in practice and in law constitutionally there is the capacity for overriding not only the withdrawal agreement and the protocol but the Windsor framework as a result of what is contained in those words.

[Chris Heaton-Harris]

I note my hon. Friend’s point. As I said yesterday, I hope he recognises what we are doing in this statutory instrument—making Northern Ireland’s place in the United Kingdom a strong addition to the section. As I said to him yesterday, his original clause has been a big part of the solution to this conundrum. I am grateful to him for it and completely understand the point he has just made and thank him for it.

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[Chris Heaton-Harris]

I could not have put it better myself. The hon. Gentleman is knowledgeable about the subject and has been well involved in the negotiations behind the document and the statutory instruments we are talking about. He is 100% right.

[Sir William Cash]

Does my right hon. Friend, who himself was on the European Scrutiny Committee, recognise that we are constantly monitoring these things? Indeed, the hon. Member for Belfast East (Gavin Robinson) is on that Committee.

[Chris Heaton-Harris]

I had the pleasure of serving for five years on the European Scrutiny Committee under the wise chairmanship of my hon. Friend, and he is absolutely right. That scrutiny is what this House does best. The Select Committee system is there to scrutinise all aspects of legislation, what the Government do and what comes our way. I know his expertise, having experienced it.

When we were members of the European Union, wading through the hundreds of different explanatory memorandums that came the Committee’s way was quite a job and quite a responsibility. One of the commitments we have made is that we will make sure that information is freely available to Assembly Members in Northern Ireland—when they take their seats—to ensure that they can undertake democratic scrutiny of proposals that might well affect Northern Ireland, so that they have the information they need to use the Stormont brake, should they so choose. Scrutiny is a vital part of all this.

Northern Ireland Executive Formation

Debate between William Cash and Chris Heaton-Harris

Wednesday 31st January 2024 Commons Chamber

[Chris Heaton-Harris]

I thank the hon. Gentleman for his question; he is absolutely right. I know of his history and the story about his wife, which he has mentioned to me a number of times. I thank him for his interest in all things Northern Ireland and all things Union. In fact, there is a body, the British-Irish Council, that does exactly what he suggests, at the highest level. Hopefully, at the next meeting of the British-Irish Council, the First Minister and Deputy First Minister of Northern Ireland will attend with representatives of all the other devolved Administrations of the United Kingdom.

[Sir William Cash (Stone) (Con)]

The proposed legislation is of great constitutional significance, yet it is merely a statutory instrument and not an Act of Parliament. What restrictions on its lawmaking has the EU agreed over the single market in Northern Ireland? What democratic improvements are being made to the Stormont brake in Northern Ireland to ensure divergence, and to enable the United Kingdom Government to remove or veto the imposition of EU laws?

[Chris Heaton-Harris]

I thank my hon. Friend for his question. He and I have had a number of discussions over the years on these sorts of matters, and his question is a very wise one. As I mentioned, we are amending section 7A of the European Union (Withdrawal) Act 2018, so there is now a powerful democratic safeguard on the flow of EU law, which a new Assembly will have immediately at its fingertips. I thank my hon. Friend, because I know about the work that he did to ensure that section 38 was included in the Act. I hope he recognises that we are adding Northern Ireland’s place in the United Kingdom, which is a strong addition to section 38 of the European Union (Withdrawal) Act 2020. Indeed, his original clause has been a big part of the solution to this conundrum, and I am truly grateful to him for it.