PARLIAMENTARY DEBATE
Northern Ireland Protocol - 27 February 2023 (Commons/Commons Chamber)
Debate Detail
Mr Speaker, let us also send our very best wishes to Detective Chief Inspector John Caldwell and his family. He is a man of immense courage, who both on and off duty has devoted himself to the service of others. This House stands united with the people and leaders of all communities across Northern Ireland in condemning those who are trying to drag us back to the past. They will never succeed.
With permission, Mr Speaker, I would like to make a statement on the Northern Ireland protocol. After weeks of negotiations, today we have made a decisive breakthrough. The Windsor framework delivers free-flowing trade within the whole United Kingdom. It protects Northern Ireland’s place in our Union and it safeguards sovereignty for the people of Northern Ireland. By achieving all this, it preserves the delicate balance inherent in the Belfast/Good Friday agreement. It does what many said could not be done: removing thousands of pages of EU laws and making permanent, legally binding changes to the protocol treaty itself. That is the breakthrough we have made. Those are the changes we will deliver. Now is the time to move forward as one United Kingdom.
Before I turn to the details, let us remind ourselves why this matters. It matters because at the heart of the Belfast/Good Friday agreement and the reason it has endured for a quarter of a century is equal respect for the aspirations and identities of all communities, and all its three strands. But the Northern Ireland protocol has undermined that balance. How can we say the protocol protects the Belfast/Good Friday agreement when it has caused the institutions of that agreement to collapse? So, in line with our legal responsibilities, we are acting today to preserve the balance of that agreement and chart a new way forward for Northern Ireland.
I pay tribute to: our European friends for recognising the need for change, particularly President Von der Leyen; my predecessors for laying the groundwork for today’s agreement; and my right hon. Friends the Foreign Secretary and the Northern Ireland Secretary for their perseverance in finally persuading the EU to do what it spent years refusing to do: to rewrite the treaty and replace it with a radical, legally binding new framework.
Today’s agreement has three equally important objectives: first, allowing trade to flow freely within our UK internal market; secondly, protecting Northern Ireland’s place in our Union; and thirdly, safeguarding sovereignty and closing the democratic deficit. Let me take each, in turn.
Core to the problems with the protocol was that it treated goods moving from Great Britain to Northern Ireland as if they were crossing an international customs border. This created extra costs and paperwork for businesses, who had to fill out complex customs declarations. It limited choice for the people of Northern Ireland and it undermined the UK internal market—a matter of identity, as well as economics. Today’s agreement removes any sense of a border in the Irish sea and ensures the free flow of trade within the UK.
We have secured a key negotiating objective: the introduction of a new green lane for goods destined for Northern Ireland, with a separate red lane for those going to the EU. Within the green lane, burdensome customs bureaucracy will be scrapped and replaced with data sharing of ordinary, existing commercial information. Routine checks and tests will also be scrapped. The only checks will be those required to stop smugglers and criminals. Our new green lane will be open to a broad, comprehensive range of businesses across the UK. I am pleased to say that we have also permanently protected tariff-free movement of all types of steel into Northern Ireland. For goods going the other way, from Northern Ireland to Great Britain, we have scrapped export declarations; delivering, finally, completely unfettered trade. The commitment to establish the green lane is achieved by a legally binding amendment to the text of the treaty itself. This is fundamental, far-reaching change and it permanently removes the border in the Irish sea.
Perhaps the single most important area of trade between Great Britain and Northern Ireland is food. Three quarters of the food in Northern Ireland’s supermarkets comes from the rest of the UK, yet the protocol applied the same burdens on shipments from Cairnryan to Larne as between Holyhead and Dublin. If it was implemented in full we would see supermarket lorries needing hundreds of certificates for every individual item, every single document checked and supermarket staples like sausages banned altogether. More delays. More cost. Less choice. Today’s agreement fixes all this with a new, permanent, legally binding approach to food. We will expand the green lane to food retailers, and not just supermarkets but wholesalers and hospitality, too. Instead of hundreds of certificates, lorries will make one simple, digital declaration to confirm that goods will remain in Northern Ireland. Visual inspections will be cut from 100% now to just 5%. Physical checks and tests will be scrapped, unless we suspect fraud, smuggling or disease, so there will be no need for vets in warehouses.
Of course, to deliver this we need to reassure the EU that food imports will not be taken into Ireland, so we will ask retailers to mark a small number of particularly high risk food products as “not for EU”, with a phased roll-out of this requirement to give them time to adjust. More fundamentally, we have delivered a form of dual regulation for food, the single biggest sector by far for east-west trade and one of the most important in people’s lives. Under the protocol, retail food products made to UK standards could not be sold in Northern Ireland. Today’s agreement completely changes that. This means the ban on British products like sausages entering Northern Ireland has now been scrapped. If it is available on supermarket shelves in Great Britain, then it will be available on supermarket shelves in Northern Ireland. We still need to make sure that goods moved into Northern Ireland do not risk bringing in animal and plant diseases, but that is clearly a common sense measure, never opposed by anyone, to prevent diseases circulating within the long-standing single epidemiological zone on the island of Ireland.
That brings me to the treatment of parcels. If the protocol was fully implemented, every single parcel travelling between Great Britain and Northern Ireland would be subject to full international customs. You would have needed a long, complex form to send every single parcel, even a birthday present for a niece or nephew, and you could only have shopped online from retailers willing to deal with all that bureaucracy, with some already pulling out of Northern Ireland. Today’s agreement fixes all of this. It achieves something we have never achieved before: removing requirements of the EU customs code for people sending and receiving parcels. Families can, rightly, send packages to each other without filling in forms, online retailers can serve customers in Northern Ireland as they did before, and businesses can ship parcels through the green lane—all underpinned by data sharing by parcel operators, with a phased roll-out and time for them to adjust.
No burdensome customs bureaucracy. No routine checks. Bans on food products: scrapped. Steel tariff rate quotas: fixed. Tariff reimbursement scheme: approved. Vet inspections: gone. Export declarations: gone. Parcels paperwork: gone. We have delivered what the people of Northern Ireland asked for and the Command Paper promised—we have removed the border in the Irish sea.
To preserve the balance of the Belfast/Good Friday Agreement, we also need to protect Northern Ireland’s place in our Union. The Windsor framework is about making sure that Northern Ireland gets the full benefit of being part of the United Kingdom in every respect. Under the protocol, in too many ways that simply was not the case. Take tax. When I was Chancellor, it frustrated me that when I cut VAT on solar panels or beer duty in pubs, those tax cuts did not apply in Northern Ireland. We have amended the legal text of the treaty so that critical VAT and excise changes will apply to the whole of the United Kingdom. That means zero rates of VAT on energy-saving materials will now apply in Northern Ireland. Reforms to alcohol duty to cut the cost of a pint in pubs will now apply in Northern Ireland. Because we now have control over VAT policy, we can make sure that the EU’s plan to reduce the VAT threshold by £10,000 will not apply in Northern Ireland, nor will the SME VAT directive that would have brought huge amounts of EU red tape for small businesses.
We are also making subsidy control provisions work as intended. Already, just 2% of subsidy measures in Northern Ireland fall within the scope of the EU approvals under the protocol. Nevertheless, today’s agreement goes further, addressing the so-called reach-back of EU state aid law by imposing stringent new tests. For the EU to argue that we are in breach of its rules, it would now have to demonstrate that there is a real, genuine and material impact on Northern Ireland’s trade with the EU. That is a much higher threshold than in the protocol, limiting disputes to what the 2021 Command Paper called
“subsidies on a significant scale relating directly to Northern Ireland”.
We have also protected the special status of agriculture and fisheries subsidies in Northern Ireland, which will be completely outside the EU’s common agricultural policy. All that means that the problem of reach-back is fixed.
As well as tax and spend, the UK Government have a responsibility to protect the supply of medicines to all its citizens, but our ability to do that was constrained by the protocol. The biggest problem is that drugs approved for use by the UK’s medicines regulator are not automatically available in Northern Ireland. Imagine someone suffering with cancer in Belfast seeing a potentially life-changing new drug available everywhere else in the UK, but unable to access it at home. When the current grace period ends in 2024, the situation will get worse still: expensive and burdensome checks on all medicines; companies having to manufacture drugs with two completely different labels and supply chains; and pharmacies needing to check every package with complex scanners.
When 80% of Northern Ireland’s medicines come from Great Britain, those frictions pose a serious risk to the supply of medicines to the people of Northern Ireland. To fix that, today’s agreement achieves something unprecedented: it provides dual regulation for medicines. The UK’s regulator will approve all drugs for the whole UK market, including Northern Ireland, with no role for the European Medicines Agency. That fully protects the supply of medicines from Great Britain into Northern Ireland, and once again asserts the primacy of UK regulation. The same medicines, in the same packs, with the same labels, will be available in every pharmacy and hospital in the United Kingdom. Crucially, dual regulation means that Northern Ireland’s world-leading healthcare industry, which brings much-needed jobs and investment, can still trade with both the EU and UK markets. This is a landmark deal for patients in Northern Ireland. It is a permanent solution that brings peace of mind.
The protocol banned quintessentially British products going to Northern Ireland. When people wanted to import oak trees to mark Her late Majesty’s platinum jubilee, the protocol stood in their way. It suspended the historic trade in seed potatoes between Scotland and Northern Ireland. If implemented, it would create massive costs and bureaucracy for people travelling around the UK with their pets, disrupting family life and our family of nations. That is why today’s agreement will lift the ban on shrubs, plants and trees going to Northern Ireland. It will lift the ban on the movement of seed potatoes—particularly important for Scottish businesses. We will deliver that by expanding the existing UK plant passport scheme.
When it comes to pets, we have made sure that people from Northern Ireland will have completely free access to travel to Great Britain. A pet owner travelling from Great Britain to Northern Ireland just needs to make sure that their pet is microchipped and then they will simply need to tick a box when booking their travel. Whether it is lower VAT rates, lower beer duty, jubilee oaks in garden centres, seamless travel with pets, seamless trade in seed potatoes or the seamless supply of cutting-edge medicines, all that is now available for everyone, everywhere in the United Kingdom.
The Windsor framework goes further still, by safeguarding sovereignty for the people of Northern Ireland and eliminating the democratic deficit. Fundamentally, the protocol meant that the EU could impose new laws on the people of Northern Ireland without their having a say. Some Members of this House, whose voices I deeply respect, say that EU laws should have no role whatsoever in Northern Ireland. I understand that view and I am sympathetic to it, but for as long as the people of Northern Ireland continue to support their businesses having privileged access to the EU market, and if we want to avoid a hard border between Northern Ireland and Ireland—as we all do—there will be some role for EU law. The question is: what is the absolute minimum amount necessary to avoid a hard border?
Today’s agreement scraps 1,700 pages of EU law. The amount of EU law that applies in Northern Ireland is less than 3%, and the people of Northern Ireland retain the right to reject that 3% through next year’s consent vote. However, that consent vote is about the whole protocol so it cannot, by its nature, provide oversight of individual new laws. It does not address the No. 1 challenge to sovereignty made by the protocol: the EU’s ability to impose new or amended goods laws on Northern Ireland without its having a say. To address that, today’s agreement introduces a new Stormont brake.
The Stormont brake does more than just give Northern Ireland a say over new EU laws; it means that it can block them. How will that work? The democratically elected Assembly can oppose new EU goods rules that would have significant and lasting effects on their everyday lives. It will do so on the same basis as the petition of concern mechanism in the Good Friday agreement, needing the support of 30 Members from at least two parties. If that happens, the UK Government will have a veto. We will work with the Northern Ireland Assembly and all parties to codify how the UK Government will use that veto.
Let me tell the House the full significance of that breakthrough. The Stormont brake gives the institutions of the Good Friday agreement a powerful new safeguard. It means that the United Kingdom can veto new EU laws if they are not supported by both communities in Northern Ireland. Yes, it is true that until now the EU had refused to consider treaty change; we were told that it was impossible, and that EU negotiators would never consider it. The Stormont brake has been introduced by fundamentally rewriting the treaty—specifically, the provisions relating to dynamic alignment. That is a permanent change and it ends the automatic ratchet of EU law. If the veto is used, the European courts can never overturn our decision.
The EU has also explicitly accepted an important principle in the political declaration. It is there in black and white that the treaty is subject to the Vienna convention. This means that, unequivocally, the legal basis for the Windsor framework is in international law. I would like to thank my hon. Friend the Member for Stone (Sir William Cash) for his support in negotiating this point. It puts it beyond all doubt that we have now taken back control.
From the very start, we have listened closely and carefully to views on all sides of this debate. I am grateful to many Members of this House, the communities of Northern Ireland and the voices of business and civil society for putting forward their suggestions. I want particularly to thank the Northern Ireland business groups that I have spoken to. I hope in today’s agreement they recognise that we have addressed their concerns. We are delivering stability, certainty, simplicity, affordability and clarity, as well as strengthened representation for the businesses of Northern Ireland.
I also want to speak directly to the Unionist community. I understand and have listened to your frustrations and concerns, and I would not be standing here today if I did not believe that today’s agreement marks a turning point for the people of Northern Ireland. It is clearly in the interests of the people, and those of us who are passionate about the cause of Unionism, for power sharing to return.
Of course, parties will want to consider the agreement in detail, a process that will need time and care. There are, of course, many voices and perspectives within Northern Ireland, and it is the job of Government to respect them all, but I have kept the concerns raised by the elected representatives of Unionism at the forefront of my mind, because it is their concerns with the protocol that have been so pronounced.
What I can say is this: our goal has been to ensure the economic rights of the people of Northern Ireland under the Act of Union and the Belfast/Good Friday agreement, placing them on an equal footing with the rest of the UK with respect to tax, trade and the availability of goods. We have worked to end the prospect of trade diversion, removed any sense of a border for UK internal trade, removed routine customs or checks for goods destined for Northern Ireland, removed thousands of pages of existing EU law and introduced a UK veto on dynamic alignment, through the Stormont brake. We have created a form of dual regulation where it works and is needed the most, in sectors like medicines and food retail. We have delivered unfettered access to the whole UK market for Northern Ireland’s businesses, and we will take further steps to avoid regulatory divergence in future. We have secured a clear EU commitment and process to manage future changes with a special goods body.
All of this means that Northern Ireland’s businesses have continued access to the EU market, as they requested. It means that we have protected the letter and the spirit of Northern Ireland’s constitutional guarantee in the Belfast agreement, with the Stormont brake creating an effective cross-community safeguard. There are two distinct economies on the island of Ireland, and that will remain the case. Today’s agreement puts it beyond all doubt that Northern Ireland’s place in the internal market and the United Kingdom is fully restored.
I want to conclude by directly addressing the question of the Northern Ireland Protocol Bill. As I and my predecessors always said, the Bill was only ever meant to be a last resort, meant for a world where we could not get negotiations going. As the Government said at the time of its introduction, our
“clear preference remains a negotiated solution”.
Now that we have persuaded the EU to rewrite fundamentally the treaty text of the protocol, we have a new and better option. The Windsor framework delivers a decisively better outcome than the Bill, achieving what people said could not be done and what the Bill does not offer. It permanently removes any sense of a border in the Irish sea. It gives us control over dynamic alignment, through the Stormont brake, beyond what the Bill promised. The Bill did not change a thing in international law, keeping the jurisdiction of the European Court of Justice and leaving us open to months—maybe years—of uncertainty, disruption and legal challenge. Today’s agreement makes binding legal changes to the treaty itself and is explicitly based on international law. Unlike the Bill, it is an agreement that provides certainty and stability and, crucially, can start delivering benefits almost immediately for the people and businesses of Northern Ireland.
Of course, the House would expect to be informed of the Government’s updated legal position on whether there is a lawful basis to proceed with the Bill, so I am publishing it today. It says that because we have achieved a new negotiated agreement, which preserves the balance of the Belfast/Good Friday agreement, the original and sound legal justification for the Bill has now fallen away. In other words, neither do we need the Bill nor do we have a credible basis to pursue it. We will therefore no longer proceed with the Bill, and the EU will no longer proceed with its legal actions against the UK. Instead, we will pursue the certainty of a new way forward with the Windsor framework.
Let me just remind the House of the full breadth and significance of what we have achieved today. We have achieved free-flowing trade, with a green lane for goods, no burdensome customs bureaucracy, no routine checks on trade, no paperwork whatsoever for Northern Irish goods moving into Great Britain and no border in the Irish sea. We have protected Northern Ireland’s place in the Union, with state aid reach-back fixed, the same tax rules applying everywhere, vet certificates for food lorries gone, the ban on British sausages gone, parcel paperwork gone, pet paperwork gone, garden centres now selling the same trees, supermarkets selling the same food and pharmacies selling the same medicines. We have safeguarded sovereignty for the people of Northern Ireland, with the democratic deficit closed, the Vienna convention confirmed and thousands of pages of EU law scrapped. With the Stormont brake, we have safeguarded democracy and sovereignty for the people of Northern Ireland.
That is the choice before us, Mr Speaker. Let us seize the opportunity of this moment—the certainty of an agreement that fixes the problems we face, commands broad support and consensus and offers us, at last, the freedom to move forward together. That is what the people of Northern Ireland deserve; that is what the Windsor framework delivers. As a Conservative, a Brexiteer and a Unionist, I believe passionately, with my head and my heart, that this is the right way forward—right for Northern Ireland, right for our United Kingdom. I commend it to this House.
I would like to start by joining the Prime Minister in paying tribute to Betty Boothroyd. As Speaker of this House, she was at the forefront of a generation who smashed the glass ceiling for female politicians. She was an inspirational woman and a dedicated and devoted public servant who will be missed by all who knew her. My thoughts and the thoughts of the whole House are with her very many friends and family.
The Good Friday agreement and the peace and prosperity that it brought to Northern Ireland are among the proudest achievements of the last Labour Government, but we in the Labour party have always recognised that this achievement does not belong principally to us. It belongs to the people of Northern Ireland, who, over a quarter of a century, have overcome differences that once seemed insurmountable and have shown that they can work together to build a better future for themselves and for the generations to come.
I had the privilege of working for a number of years with the Police Service of Northern Ireland so that it could serve and represent both communities, but it is the police officers themselves who carried out that change. They helped to make the peace of the Good Friday agreement stick. I was deeply saddened by the shooting of DCI John Caldwell. Our thoughts and the thoughts of the whole House are with him, his family and his colleagues. DCI Caldwell’s shooting is a reminder that we must continue to strive for peace, and that we in the House must take our obligations under the Good Friday agreement and to the people of Northern Ireland as seriously as they do. It is in that spirit that I have made it clear for some time that if the Prime Minister were to get an agreement with the EU, and if that agreement were in the interest of this country and Northern Ireland, Labour would support it, and we will stick to our word. We will not snipe, we will not seek to play political games, and when the Prime Minister puts this deal forward for a vote, Labour will support it and vote for it.
The protocol will never be perfect—it is a compromise—but I have always been clear about the fact that if implemented correctly, it is an agreement that can work in the spirit of the Good Friday agreement. Now that it has been agreed, we all have an obligation to make it work. The moral core of the Good Friday agreement is simple. All people of Northern Ireland have the right to identify themselves and be accepted as Irish or British or both, and freely participating in the economic life of the UK or the Republic of Ireland is an essential part of that. That is why it is good that the deal before us will see fewer unnecessary checks on goods moving between Great Britain and Northern Ireland.
The red and green lanes proposal is a good one. It will make life easier for business, and it will enable the people of Northern Ireland to participate more freely in the economic life of the UK. It has our full support. The protocol will continue to ensure that there is no physical border on the island of Ireland. That is essential because, as we all know, any physical border would be a source of tension—a physical manifestation of new barriers between communities in Northern Ireland and the economic life in the Republic.
This agreement will allow us to move forward as a country, rather than being locked in endless disputes with our allies. It will improve our diplomatic standing, which has been damaged by the Government’s previous threats to break international law. I am encouraged that the Democratic Unionist party has said it will look carefully at the measures it contains. However, we must be honest: this comes with trade-offs. The right hon. Member for Uxbridge and South Ruislip (Boris Johnson) told the people of Northern Ireland that his protocol meant no forms, no checks, no barriers of any kind on goods crossing the Irish sea after Brexit. That was absolute nonsense. It was a point-blank refusal to engage with Unionists in Northern Ireland in good faith, let alone take their concerns seriously, and it inevitably contributed to the collapse of power sharing in Northern Ireland. I have to say that as the Prime Minister listed all the problems with the protocol, I did rather wonder whether he had forgotten who had negotiated it.
I urge the Prime Minister, when presenting what this agreement will mean in practice—and it will take time for everyone to read it and carefully consider it—to be utterly unlike his predecessor. I say to him, “Do not pretend that the deal is something it is not. Where there are trade-offs to be made, argue the case for them. Treat Unionists with the respect of frank honesty, not the contempt of bluster.”
In this year of the 25th anniversary of the Good Friday agreement, we must once again embrace compromise and put division behind us. This deal is not perfect, but because we recognise that the UK agreed to the protocol and has an obligation to make it work, because we recognise that for the protocol to work there will inevitably be trade-offs, and because we always recognise that peace and prosperity in Northern Ireland are hard won, Labour will support the Windsor framework. I hope that in the coming days others will come to support the agreement in the same spirit, and will join Labour in voting to make the protocol work, in voting to face the future, and in voting for country before party.
The right hon. and learned Gentleman talked of trade-offs, but I would talk of balance, and the delicate balance inherent in the Belfast/Good Friday agreement. It is important that we respect the aspirations and identities of all communities. That is what the protocol had unbalanced, and that is what the Windsor framework restores. I do believe, hand on heart, that the changes we have achieved and the framework we now have in place will enable balance to be restored to the people of Northern Ireland. This framework puts them in control of their destiny, it secures their place in the Union and it safeguards their sovereignty, and on that basis I hope we can look forward to a brighter future for everyone in Northern Ireland.
The Northern Ireland protocol, negotiated and signed by the Government in December 2019, adopted the European Union’s preferred proposal of a border down the Irish sea. I congratulate my right hon. Friend, and the Secretary of State for Northern Ireland and the Foreign Secretary and all their teams, on all the work they have done to achieve this negotiated settlement, which will make a huge difference. Does my right hon. Friend agree that the best move now is for everyone, across the House, to support the settlement, because that is in the best interests of all the people of Northern Ireland?
Glass ceilings are there to be broken. Betty Boothroyd did not just break a glass ceiling; she shattered that glass ceiling. In that regard, she has my utmost respect, and my thoughts and condolences are with her family members. My thoughts are also with the police officer in Northern Ireland who was so tragically and appallingly shot in recent days, and I join Members on both sides of the House in saying that I sincerely hope he is able to make a recovery.
Let me turn to the agreement reached today. One would be forgiven for thinking, on the basis of what the Prime Minister has said—in the Chamber and, indeed, earlier today—that this had absolutely nothing to do with him: that all those problems were nothing to do with the Conservative party or with him as a Government Minister. So what happened a couple of years ago? Were they simply being opportunistic when they put this in place? Were they incompetent when they put this in place? Or were they simply duped into believing that something was oven-ready when it clearly was not? I have no doubt that the public will draw their own conclusions.
Broadly speaking, however, I am fully supportive of the agreement, for three simple reasons—three simple and interwoven reasons. It seeks to safeguard peace in Northern Ireland, something that we all know is incredibly important; it seeks to protect the Good Friday agreement, which I think everyone in the Chamber would agree is incredibly important; and, of course, it seeks to provide a pathway back to the ability of the democratic institutions in Northern Ireland to sit. It is not for me to pontificate about democracy in Northern Ireland, but I sincerely hope that those parties involved will be able to come to an agreeable conclusion, and I know that the Prime Minister shares my view in that regard.
But while all of that is good, we cannot and should not forget the damage that has been done by leaving the European Union. Brexit has been an unmitigated disaster —[Interruption.] Conservative Members do not have to believe me; what they should do is read the reports of the Office for Budget Responsibility, which outlined that there would be a 4% hit to GDP as a result of Brexit. Or perhaps they should reflect on the fact that the trade deficit between the UK and the EU is at its highest level on record. Perhaps they could listen to the private sector and to those businesses that are unable to trade, unable to get the workforce they require and unable to get the goods they need. Or perhaps they could listen to the public sector, which is facing severe problems as well, many of which are driven by workforce shortages. Indeed, many of problems that face all our NHSs across these isles come from the fact that we have significant staff shortages in social care. Each and every one of those points is a result of the disaster that has been leaving the European Union, and I find it astonishing that we have a situation where the leader of the Labour party and the leader of the Conservative party are hand in glove when it comes to their position on Brexit.
Finally, we have heard the Prime Minister speak at length about the integrity of the United Kingdom. Indeed, it was reflected upon by the Leader of the Opposition as well. There might be a scintilla of truth in that argument, but what this deal does not do is create parity for the nations of these isles. I see the Northern Ireland Minister sitting there; he was very positive about this in an interview earlier on. This deal means that businesses in Northern Ireland have access to the single market, whereas businesses in Scotland do not. I do not begrudge that to the people and businesses of Northern Ireland, but I regret that Scotland does not have those same opportunities. On that point, can the Prime Minister clarify why Scotland is at a significant disadvantage in that regard on his watch? Does he not agree that the only way for Scotland to have access to the single market and the customs union, and the only way for Scotland to rejoin the European Union, is to rid itself of Westminster?
“The Northern Ireland Protocol has been the source of acute political, economic and societal difficulties”,
and the last sentence talks about the
“shared desire for a positive…relationship”.
Constituents will say that this agreement resolves some of the known problems about the protocol and some of the ones that have become obvious since then. It is about 50 years since a Unionist MP was a Minister in the UK Government. I hope that this agreement makes it possible for that to happen again.
I believe that our judgment and principled position in opposing the protocol in Parliament and at Stormont have been vindicated. Undoubtedly, it is now recognised that the protocol does not work. When others said that there could be no renegotiation and no change, it was our determination that proved what could be achieved. I would like to thank the Prime Minister and his predecessors for their work and engagement to date on this issue. In broad terms, it is clear that significant progress has been secured across a number of areas, but we also recognise that there remain key issues of concern. For example, there can be no disguising the fact that in some sectors of our economy in Northern Ireland, EU law remains applicable in our part of the United Kingdom.
My party will want to study the detail of what has been published today as well as examining the legal text, the political declaration and the Government’s Command Paper. Where necessary, we stand ready to engage with the Government in order to seek further clarification, reworking or change as required. My party will now assess all the proposed outcomes and arrangements against our seven tests, outlined in our 2022 Assembly election manifesto, to determine whether what has been published meets those tests and whether it respects and restores Northern Ireland’s place within the United Kingdom.
In this regard, I agree with the Prime Minister that the issue of sovereignty is crucial. Article 6 of the Act of Union—the very basis of the Union itself, the economic union of the United Kingdom—was seriously undermined by the Northern Ireland protocol and its implementation, and that needs to be resolved. Some £65 billion of the £77 billion of goods manufactured in Northern Ireland are sold within the United Kingdom: we sell the overwhelming majority of what we produce within our own internal market. I want an assurance from the Prime Minister that not just now but in the future the Government of the United Kingdom will protect Northern Ireland’s place within that internal market and not allow the application of EU law to put barriers in the way of our ability to trade with the rest of our own country.
I also can tell the right hon. Gentleman, with regard to the objectives that he and others have set out, that I believe the Windsor framework will ensure the free flow of trade within our United Kingdom internal market, including unfettered access for Northern Ireland producers to the rest of the United Kingdom. I believe it secures Northern Ireland’s place in the Union and makes sure that citizens and businesses can benefit in the same way everywhere across the United Kingdom.
Lastly, as the right hon. Gentleman has rightly highlighted to me on previous occasions, it ensures and safeguards sovereignty for the people of Northern Ireland so that they are in control of their destiny. I believe what we have achieved today provides a basis for the parties in Northern Ireland to consider the detail and hopefully move forward so that together we can build a better future for Northern Ireland. I look forward to doing that with him.
While agreeing entirely with my right hon. Friend that the parties, particularly those in Northern Ireland, need the time and space to study the detail and to work out all the implications for those in Northern Ireland, Northern Irish business wants and the good people of Northern Ireland most certainly deserve quick certainty. If there are to be votes in this place on any element of the Windsor framework, as announced today, will he commit to ensuring they take place speedily in order to ensure certainty and peace of mind for all who either live in Northern Ireland or who wish Northern Ireland well?
As I said earlier, Parliament will of course have its say and there will be a vote, but we need to do that at the appropriate time in order to give people the time and space to consider the detail. My hon. Friend makes an important point that the benefit of this framework and agreement is that it can start to provide that certainty and those benefits to the people and communities of Northern Ireland very soon. That is why we have concluded these negotiations and want to start delivering the benefits for people on the ground as quickly as we can.
I also send my party’s thoughts and prayers to DCI John Caldwell and his family and thank him for his courage and bravery.
Like others, the Liberal Democrats will now closely study this deal, but I welcome the spirit of partnership and compromise between the UK Government and the European Union in the formation of the Windsor agreement. What consultation will the Prime Minister now undertake with all of Northern Ireland’s political parties, including the Alliance party, on the Stormont brake? Can he reassure us that the operation of the Stormont brake will not undermine the economic stability and certainty or the political stability so desperately needed in Northern Ireland?
Just so the right hon. Gentleman is clear, the Stormont brake is based on an existing Good Friday agreement mechanism. The petition of concern mechanism is well established in Northern Ireland as a cross-community safeguard, which is why we have chosen it as the appropriate mechanism for this particular purpose. As I say, we will continue to engage with all parties to make sure we get it absolutely right.
I welcome the Windsor agreement and the Windsor framework, and I believe today marks a critical moment in ending three years of instability that has affected communities throughout this most fragile part of our country. I pay tribute to my right hon. Friend and his team for all they have done to secure this. Does he agree that we now need to give the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) and all the other Northern Ireland parties the time, space and encouragement to restore power sharing and to ensure that political decision-making in Northern Ireland can start as soon as possible?
The brake will work on the basis of the petition of concern mechanism. That mechanism is part of the Good Friday agreement institutional framework, which is why we believe it is the right cross-community safeguard to use. It will be applied to the goods rules in annex 2 of the protocol that were the main cause of concern. It is there for those rules that cause significant and lasting damage and change to the everyday lives of ordinary people in Northern Ireland. Once the emergency brake is pulled, it will give the UK Government a veto. It is a very powerful cross-community safeguard that ensures sovereignty for the people of Northern Ireland, and it is part of why this agreement is the right one for the people of Northern Ireland.
Although we have some concerns, particularly on the Stormont brake—we will study the detail of this as we go—we are happy that things seem to have moved today. There has been an awful lot of talk, particularly today and in recent months, about the concerns of the DUP and the Unionist community. It is important to remember that the majority of people in Northern Ireland opposed Brexit and want to see the benefits of dual market access properly utilised. Does the Prime Minister agree it is important that his Government now support that dual market access and promote it to international investors?
I congratulate my right hon. Friend and my Front-Bench colleagues on the phenomenal focus they are putting on ensuring that we can secure a deal that, as I know we all hope, can restore power sharing in Stormont. Getting back to having good governance in Northern Ireland by elected representatives in Northern Ireland is key for people there.
Another key area for the citizens of Northern Ireland is access to goods, as my right hon. Friend has rightly outlined. Will he confirm for the House that in this deal we will be able to secure the free flow of trade not only for Northern Ireland businesses into Great Britain, but for Great British businesses into Northern Ireland? Regulations were preventing some goods from moving, and it is great to know that the Great Yarmouth banger will be able to get back on the supermarket shelves, where required, in Northern Ireland. However, for many businesses it was the administrative burden of moving goods from Great Britain to Northern Ireland, not just the regulatory one, that needed to be removed in order to allow them to see this as an economic benefit and therefore protect the structural integrity of the UK internal market.
I congratulate the Prime Minister on negotiating this excellent agreement. Part of the reason why the EU has moved was perhaps the threat of the Bill coming through this House. Clearly, the EU has woken up and smelt the coffee, realising how bad this was going to be for it and for the Republic of Ireland. Does he think that was part of the reason why he got such an excellent deal with the EU?
To his broader point about EU law, less than 3% of EU law applies in Northern Ireland. It applies with the consent of the people of Northern Ireland. As he knows, the consent vote next year allows them to remove all of those laws and to have a new approach, but it is there because, as we have heard, there is a balance to be struck, and Northern Ireland’s communities and businesses value not having a border on the island of Ireland. They value their access to the single market. We are in a position where we have the minimum amount of law required to fulfil that purpose. I believe sovereignty is important. I believe that those laws and the new ones that come through should come through only with the consent and oversight of the people of Northern Ireland. That is why the Stormont brake is so powerful: it puts power in the hands of the Assembly, of him and his colleagues, to decide what is best for Northern Ireland. That is what sovereignty means to me. It means giving Stormont the ability to say no, and I hope that he will give this framework the time and consideration that it deserves.
The people of Northern Ireland have been through so much. This is a welcome opportunity to make progress, but, as the Prime Minister no doubt knows, clearing up the mess that other people make can be a never-ending job. The House of Lords is currently debating a Bill that will delete more than 60 areas of regulation that are not covered by the protocol. That is a process that the EU has already said will start a trade war if it goes through and that the Northern Ireland Human Rights Commission says undermines the Good Friday agreement. It covers issues such as electrical safety, food standards and farming standards. In order to support what he has presented to the House today, will the Prime Minister confirm that all remaining retained EU legislation will be retained in Northern Ireland itself, using the powers that he has and that Stormont currently cannot exercise? If he does not, how can anybody have confidence that we will avoid the regulatory divergence and that trade war which could undermine everything he has presented today?
I commend my right hon. Friend and his team for their diligence and hard work in pursuing this matter regardless of the obstacles that lie in their way, including the reluctance of the EU to admit anything about the problems that have been taking place. For me, having served in Northern Ireland and lost friends who never came back from Northern Ireland, the restoration of the Good Friday agreement is, at the end of the day, the No.1 item. However, when I was looking through the details, I noticed that the Stormont brake is not quite as defined as it might be. I wonder whether my right hon. Friend could clear this up. One phrase says that it can be used only if there is
“significant impact specific to everyday life”.
Who makes that decision as to what is significant? Secondly, can the EU demand countermeasures if the brake is deployed?
I am happy to clarify. It is for us to make the determination whether the threshold has been met. It is right that there is a threshold. The ability to block new law is a serious mechanism and it should not be used for trivial reasons. It should be used for those new laws that have a significant and lasting impact on the everyday lives of people in Northern Ireland. That is the right trigger, and it is one that we are in control of deciding. It is equally appropriate that if we do that, the EU will have the right to take appropriate countermeasures. That is there in black and white. Obviously, those have to be proportionate. I do not think that anyone could disagree with that. This is a very powerful mechanism, and I am pleased that we were able to reach resolution on it, because, as I have said, it ensures that we have restored sovereignty to the people of Northern Ireland.
The Prime Minister has quite rightly indicated that trade is important to all of our United Kingdom. Paragraph 47 of the framework focuses on veterinary medicine for all our animals. Our agrifood sector is huge. It feeds multiples of millions of people here in GB, but half of the product lines are at risk. Paragraph 47 states:
“As part of the agreement, we have put in place a grace period”,
but it will expire in less than a year and a half. Prime Minister, that is utterly useless for our agricultural sector. That will actually make it more difficult for our farm businesses. Also, if we move any livestock from County Antrim to Ayrshire and fail to sell them at the marts, we will have to leave them there for at least six months. That has not been addressed. If the Prime Minister were to move cattle from Yorkshire to Lancashire and was told that they would have to stay in Lancashire for six months, he would not be amused. Our farmers in Northern Ireland are not amused. It is our single largest trade. Will these issues be fixed, or is this a failed process already?
I also point the hon. Gentleman to the solution that we have reached on human medicines, which I think everyone will agree are vital, where we have achieved a form of dual regulation, which ensures the full availability of medicines across the entire United Kingdom, with the UK regulatory authorities being the ones in charge. I think that that is what he should look to, alongside all the other things we have solved today, to have confidence that between now and three years’ time, in 2025, we will put a permanent footing for vet medicines on the table.
Does my right hon. Friend agree that alongside the benefits that this agreement will bring for the people of Northern Ireland, it can form the basis of further co-operation with our EU friends on issues that will matter to the entire United Kingdom, including trade and investment, science and illegal migration?
We all want simpler post-Brexit trading arrangements, so we sincerely welcome this progress and commend the Prime Minister on taking a much more constructive approach than his predecessors. I reiterate that there are many political outlooks in Northern Ireland and it is a fact that most people, most parties and most business representatives value our single market access, our high food standards and our 1998 agreement. So that we can maintain the huge opportunity of the protocol, will the Prime Minister commit his Government to championing loudly our unique dual market access, working to prevent vexatious use of the Stormont brake, and keeping a focus on restoration of the Stormont Executive, to allow those who genuinely believe in democracy and consensus to get back to serving the people they were elected to serve?
I congratulate my right hon. Friend, along with his entire negotiating team, on the massive strides that he has been able to make on this complex and difficult issue. I, for one, wish him well with this agreement. The Stormont brake is critical to the agreement. I am particularly pleased that it represents cross-party consensus. Leaving aside the current reasons why Stormont is not sitting, the Prime Minister will be aware that in the past, Stormont has not sat for other reasons used by one or other party. If that were to be the case in the future, is there a default mechanism if the Stormont brake cannot be exercised?
It is important to be clear about the role of the European Court of Justice in this framework. EU President Ursula von der Leyen said this afternoon that the European Court of Justice will still have the “final say” on EU law and single market issues. That is correct, isn’t it?
It is wholly wrong that the European Commission damaged scientific research by blocking the UK’s association with the Horizon and Copernicus programmes, and nuclear co-operation through Euratom, which have nothing whatever to do with the Northern Ireland protocol. Mrs Von der Leyen indicated earlier today that the EU had changed its mind and its position on this. Is that my right hon. Friend’s understanding? If so, scientists and engineers will welcome that. Will he implement a viable UK alternative should delays persist?
My right hon. Friend the Member for Tunbridge Wells (Greg Clark) is also right that we should always reserve the ability to have a UK alternative to Horizon. That is something that the Government said we would do, and I know that he has fed in about how best to do that. I look forward to having that dialogue with him.
Much has already been said in this House about the Stormont brake and the power that it has. Can the Prime Minister confirm that the Stormont brake not only has the ability to end dynamic alignment with EU law, but gives Unionists or anyone else the opportunity to meaningfully impact whether the legislation applies in Northern Ireland?
Does the Prime Minister agree that the UK-EU Partnership Parliamentary Assembly has been supportive of the negotiations? I know that our membership in this place, in the other place and in the European Parliament will be delighted with this outcome. On the legal side, does he agree that to have put the underpinning for the protocol in international law rather than in EU law is a big step forward, as are the dispute resolution changes with arbitration and that Northern Ireland courts will decide cases rather than anyone else?
May I urge the Prime Minister to take up a suggestion made a few years ago by one of his predecessors, the right hon. Member for Maidenhead (Mrs May), who is not in her seat? At the beginning of triggering article 50, she said she wanted to have an EU-UK security treaty. Given many of the issues facing the whole continent at the moment, is this not precisely the time when we should look forward to such a treaty?
More broadly, as we have heard previously, there are many areas of co-operation that we can have with our European friends and partners. Particularly over the last year, the co-operation with regards to Ukraine in terms of our security—whether it is sanctions policy or providing support—has been positive and invaluable. Hopefully that is something that we can build on.
In my hand I have my Omagh school notebook from when I was six. The entry for Thursday 13 December that year says:
“Last night a bomb went off in the police barracks. Gillian’s house has no glass in her windows.”
I thank my right hon. Friend for the words he said about not looking back. We must move forward and put those things behind us. May I congratulate him on an extraordinarily bespoke deal that sorts out the practicalities but also preserves the Belfast/Good Friday agreement?
The Prime Minister knows that it is good to talk. He will recall that when we met in November last year, I acknowledged that he had good ideas around the friction in trade, but that I highlighted my concern around the democratic deficit and constitutional harm. Anyone who reads tittle-tattle on a Sunday—yesterday—may recall that I had similar concerns just 10 days ago. However, I genuinely acknowledge that on both constitutional harm and the democratic deficit, progress has been made.
Over the coming weeks and months, as we look to engage with our community and with communities and businesses throughout Northern Ireland to test, probe and tease out the tense aspects of the implementation of this framework agreement, I hope the Prime Minister will recognise that, for us, ratification is important. Does he recognise that, having had so many false dawns and failed starts over the last four or five years of political commitments from the Government side of the House, ratification will need to occur before we can take any final decisions?
Will the Prime Minister turn his mind to one other, small matter—Gibraltar? I am glad to see the Foreign Secretary here. If we can resolve the issues over Northern Ireland, we can now swiftly move, with his support, to resolve the few remaining issues over Gibraltar. A few adjustments and good sense are required so that it can get itself into a better position in terms of our relationships going forward.
When the Prime Minister was at the press conference with Madame von der Leyen this afternoon, he indicated that
“We all collectively share an ambition to avoid a hard border between Northern Ireland and the Republic, and that’s why there’s a role for EU law in Northern Ireland”.
This is the umpteenth time that this mistake has been made by successive Prime Ministers. There will not be any possibility of a so-called hard border, not because of mark 1 of the protocol or mark 2 of the protocol, but because of the 300-mile land border that has over 280 crossing points, making a hard border an impossibility. Does the Prime Minister agree with what I told him last week: just as years ago, the representatives of nationalism in Northern Ireland needed to be content with governance arrangements in Northern Ireland, equally now, the representatives of Unionism have to be content with governance arrangements going forward?
The hon. Gentleman talks about the role of EU law. I would say to him, his colleagues, and everyone else that that is the reason why it is there, but ultimately, it is for the people of Northern Ireland to decide. He knows, as I do, that a consent vote will happen next year that provides approval for that set of arrangements, but I recognise that that is a blunt mechanism, an all-or-nothing mechanism, and it is right that we have greater sovereignty for the people of Northern Ireland. The Stormont brake delivers that. It allows the Assembly—it allows 30 colleagues from two parties—to decide on the new EU laws, annex 2, that were put in the tests of his party. If those are laws that the hon. Gentleman feels are unacceptable, there will be an ability to block them, working with the UK Government. I think that is a powerful safeguard for Northern Ireland sovereignty. It is something that I hope he gives time and consideration to, and I look forward to engaging with him and his colleagues on it over the coming days and weeks.
I congratulate the Prime Minister on the personal commitment he has made to this process, and in particular on being the first British Prime Minister in over a decade to attend the British-Irish Council, unlocking precious good will through that process. The diplomatic efforts that he and his team have made have been phenomenal. Will the Prime Minister ensure that, as we hopefully reap the fruits of this process through the restoration of the devolved institutions in Northern Ireland, he maintains that personal engagement in Northern Ireland affairs that is so crucial and continues to listen to the concerns of Northern Irish Unionists, to no detriment to the nationalist community?
I just want to ask the Prime Minister about the green and red lanes. I enter a country and I always see a border. At a border, there are green and red lanes, and I still have the perception that I am at a border, because of what I can see, irrespective of being told that there are green and red lanes, and that does cause concern.
There is another aspect that I have real concern about. I am glad that this is called a framework and that it is not an agreement as such. A framework is something that has to be built and added to whereas an agreement is something that is written in stone and cannot be changed, which is what we were told about the so-called protocol deal—those who wanted to change it were told that they could not. I am also glad that several people have been converted to taking a slightly different stance about what we had to endure and what we voted against.
I have many agricultural businesses in my constituency that took cattle backwards and forwards to mainland GB for shows or for sale. I hear today that they might be better to call a cow one of their pets, so that they can bring it back. I want to ensure that that does not happen and that we are allowed to bring back our cattle and everything else. Any involvement in the ECJ is also a major concern for me, because it means that I am still operating under laws that I have had no control about bringing forward.
The hon. Gentleman talks about agriculture. In fact, from all the engagement and knowledge that I have of the agricultural sector, it is one where dual market access is incredibly important. He talked about cattle: he will know that the dairy industry on the island of Ireland is deeply integrated and the meat processing industry is deeply integrated. All those businesses said to me and to the Secretary of State that they wanted to ensure that there was no disruption to those supply chains back and forth between Northern Ireland and the Republic, and that anything that put them in jeopardy would be a mistake for them and their jobs.
That is what this framework delivers: it ensures that we have protected Northern Ireland’s place in the Union, ensured the free flow of goods around our UK internal market, safeguarded the sovereignty of the Northern Irish people and, crucially, protected exactly those agricultural businesses and the things that were important to them. I hope that, when he studies the detail—I look forward to discussing it with him and his colleagues—he will see that we have struck the right balance and that it is the right thing for Northern Ireland, its businesses and its agricultural industry. I hope that it is something on which he will engage with me.
“narrows the range of EU rules applicable in Northern Ireland—to less than 3% overall by the EU’s own calculations”,
which is, of course, highly welcome. Would my right hon. Friend agree to publish a definitive list of the EU rules that will remain, so that hon. Members may consider them when assessing the impact of the agreement?
With the Stormont brake mechanism we have ensured that it is the institutions and people of Northern Ireland who decide the laws that they want to adopt, which is the right way to approach this problem. It respects the balance necessary in Northern Ireland and it respects the needs of all communities and what businesses want. I look forward to discussing it with my right hon. Friend in the coming days.
I congratulate the Prime Minister and his team on doing something that many people said was impossible, with a negotiation that contains the red and green lanes, which eases the flow of goods and is in a legal framework that is fundamentally different from the protocol. Does he agree with me that this negotiation—this Windsor agreement—provides the prospect of investors investing with confidence in Northern Ireland to create new jobs, and that it is the people of Northern Ireland who will benefit from this?
“The Windsor framework goes further still, by safeguarding sovereignty for the people of Northern Ireland”.
Of course, 56% of the people of Northern Ireland voted to remain within the single market and are getting a Norway-style deal, with Stormont getting a direct say on EU law. Does he therefore not think there is some irony for Scotland, where 62% voted to remain within the single market, but we get absolutely zero?
This is a complex deal, with a lot detail. I feel hopeful and confident that time is being given to review the deal and that it is not being rushed. May I therefore pay tribute to the Prime Minister and his colleagues for ensuring that there is space to do that for all in this House?
“we will take further steps to avoid regulatory divergence in future.”
Can we take that to mean that in the EU law revocation Bill we will maximise the reassimilation of EU law and minimise divergence to take full advantage of the economic opportunities for growth in Northern Ireland and in the UK moving forward?
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