UK Parliament / Open data

Northern Ireland Protocol Bill

Why is the Bill necessary? That is what the Committee has just been asked. That is the question. Well, the preamble to the protocol states clearly that its objective is to uphold the Belfast agreement. Why is its objective to uphold the Belfast agreement? Because the Belfast agreement creates something called power sharing. Power sharing has clearly broken down. Some people may not like the reasons for that, but it has broken down, therefore the Bill is necessary. It is as plain and obvious as that—perhaps we have to say it slower for some people to pick up on the reality that power sharing has broken down, and therefore the Bill is necessary. Do not take my word for it: last week in the Select Committee on Northern Ireland Affairs, two international lawyers gave us expert evidence. I think there is only one international lawyer in the Chamber today, the right hon. and learned Member for Torridge and West Devon (Sir Geoffrey Cox), who has stated his position. I respect those opinions, but I do not think there has been any other international law expert or practitioner in the Chamber. I can therefore only quote from experts who have given the Committee their expert opinion through the Northern Ireland Affairs Committee.

5 pm

Professor Alan Boyle from Edinburgh Law School and Professor Hestermeyer from King’s College London have made clear that a derogation in the law—a law change—in an effort to restore power sharing is, in Professor Boyle’s words,

“lawful, legitimate and entirely consistent with the protocol”

and with international law. That is the expert opinion that has been afforded to Members through the Select Committee process of this House, so if people are asking why the Bill is necessary, they should read the evidence. It is clear: power sharing has broken down because of the protocol, and Unionists will not go back in and share power until it is fixed. Therefore, the way to fix it is through legislation. We have that legislation in front of us. That is why it is necessary—it is pretty obvious to anyone who is following this.

Yesterday, we had the great, glorious 12 July celebrations in Northern Ireland. Some Members are seeking perfection; they think that they can get perfection, and will not support the Bill because it is not perfect. I agree that it is not perfect. I would like to see other things in it but, yesterday, a very important speech was made from every single platform across Northern Ireland, saying that this is a step in the right direction. The reason why there is an element of calm in Northern Ireland at the present time is that this step in the right direction is being taken. If Members on one side of this Committee want to bash the Government, or if Members on the other side of this Committee do not think the Government have got the Bill quite right, they should weigh their actions carefully, because the reason we have an element of calm in Northern Ireland is that it appears to loyalism and to Unionism that steps in the right direction are being taken to protect their precious Union, defend their place within this kingdom, and repair the damage to economic trade that is taking place as a result of the protocol.

Someone asked, “What damage has really been done?” The Consumer Council of Northern Ireland has said—these are not my words—that 65% of Northern Ireland consumers cannot get goods that they order because of the protocol. If people are asking about damage, it is plain and obvious for everyone to see—consumers cannot get British goods in a part of the United Kingdom—and it is pretty obvious why that damage is being done.

Some of the amendments that have been tabled fall into what I can only call the can-kicking mode: “Let’s kick this can further up the road, and we’ll see if we can get more negotiations.” As the Minister for the Cabinet Office made very clear, there has been a year and a half of negotiations—hundreds of hours of negotiations. We have run out of road to kick the can up, and the can is battered to death. It will not kick any further. If this House does not get its skates on and get this matter through Parliament ex post facto, we are going to be in even deeper trouble. There really will be something called peril in Northern Ireland, because people will just accept that this House is not able to fix the problem. Unfortunately, when those circumstances are presented in Northern Ireland, I am afraid that other factors take over.

I will briefly place on record the comments of Professor Boyle and Professor Hestermeyer. Professor Boyle said to the Northern Ireland Affairs Committee that the proposed legislation

“does not violate international law. It does not violate the protocol. I have heard people who should know better saying that it does, but I am afraid that they are wrong. They are obviously not international lawyers.”

He went on to say:

“The Government are proposing to derogate from those articles, and article 16 allows them to do so, where they consider it necessary in one of three circumstances. The one that is relevant here is societal difficulties”

which are now obvious for all to see. He finishes with the words:

“If the collapse of power sharing in Northern Ireland is not a societal difficulty, I do not know what is.”

So it is very, very clear that there is a necessity. Society has broken down. The political arrangements have broken down. We cannot get stability rebuilt and re-engineered in Northern Ireland until this matter is addressed.

I appeal to those Members searching for perfection that they will never find it. This House never does anything perfect. But we are stepping in the right direction. Let us keep taking those steps in the right direction.

Type
Proceeding contribution
Reference
718 cc409-410 
Session
2022-23
Chamber / Committee
House of Commons chamber
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