I congratulate the hon. Member for Harwich and North Essex (Sir Bernard Jenkin) on getting this matter on to the Floor of the House. I also welcome the comments from the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) and the encouragement he has given with the survey results he has put on the record today saying to all the people of the United Kingdom that we are all as one in this. I would say, and I encourage my Conservative colleagues across the House to say, that Brexit cannot be properly done or properly
completed until we resolve the issue of the Northern Ireland protocol, because it is an outstanding matter that does need to be resolved.
Daily, I am horrified whenever parcels arrive from GB to my constituents in Northern Ireland with a label on saying “Northern Ireland” and “foreign parcel”. Coming from post offices in GB to my constituents, this is reminding them day and daily that they are receiving foreign goods in their own country, when they are not; this is about ordinary commerce within the single market of the United Kingdom. The United Kingdom has in effect been partitioned by this protocol, and that is why we welcome this debate and why we welcome the fact that it must be fixed.
I must put on record my declaration—and I refer to my entry in the Register of Members’ Financial Interests—that I am currently engaged as part of the commercial case in the High Court against the protocol on behalf of commercial entities in Northern Ireland.
For all of the litigation that has been ongoing, it really will not solve this issue. What we actually need is political determination. The courts of the land are not there to drive this matter forward; it is for this House to do so. This House is sovereign for all of the United Kingdom, and the sooner this House and the Government determine that they are going to change the protocol, the better for us all. We are, in effect, at a fork in the road.
The protocol, of course, contains its own recipe to fix this: under article 16, it can be unilaterally removed where there is seismic social, community and commercial activity detrimental to a part of the United Kingdom. Section 38 of the European Union (Withdrawal Agreement) Act 2020 also allows for it to be changed unilaterally by the Government, because this House is sovereign. So let us urge the Government to use their majority and to use the sovereignty of this House to fix this matter and to get Brexit done, as we all want to see it done, and let us use this House to put in place the mutual enforcement agreements that we know will be better for all of Northern Ireland.
The Northern Ireland Minister for the Economy recently wrote to the Northern Ireland Affairs Committee saying that he had “significant concern” about the protocol because of the economic divergence that it is clearly creating for British firms in GB trading with British companies in Northern Ireland. He went on to say that this was creating “commercial discrimination”—commercial discrimination because of a protocol that was supposed to help us and that was supposed to give us the best of both worlds. It is not acceptable, and it has got to be changed.
At the heart of this protocol lies confusion. When a President of one of our European neighbours does not even know and acknowledge that Northern Ireland is part of the United Kingdom—Monsieur Macron—how could there not be confusion? The essence of the protocol is not constructive ambiguity. The essence of the protocol has been confusion about Northern Ireland’s place: is it in the EU customs union; is it out of EU territory; is it in UK territory; what is its actual status? That has confused the mix, and we have to make sure we move away from that confusion.
We do not in Northern Ireland have the best of both worlds; we are essentially in a commercial no-man’s land. Let me put some issues to the House on that basis.
One of the last-minute revisions made to the protocol on 10 December last year—one that was shoehorned in under the radar—was aspects of the EU’s single-use plastics directive. That means that on top of the already burdensome, costly adaptations that businesses are having to make to continue to sell products in Northern Ireland, regulations will widen even further in January. This will mean that plastics labelling requirements will be imposed on producers for a range of items from wet wipes to drinking cups to tobacco products—a whole host of products that contain plastic—but no transposing regulations have yet been put in place, so we do not know what companies are going to have to do. We now have even more confusion and nonsensical red tape over the trade of wet wipes from GB to Northern Ireland. This will pose incredible problems for Northern Ireland.
Other commercial realities were identified this morning in the Northern Ireland Affairs Committee, when manufacturing, haulage, retail and farming all came together and gave us the sorry picture that over 77% of their base is still experiencing daily problems with the operation of the protocol. There is an increase in wage inflation and an unacceptable spectre coming down the tracks that will mean Northern Ireland having to put in place even more red tape in January 2022 whenever it comes to putting its goods into GB. The overwhelming consensus is that this is not acceptable. Words have been very good, but we now require action by the Government.
1.11 pm