UK Parliament / Open data

European Union (Withdrawal Arrangements) Bill

I have been very generous in giving way. In a way I am not assisting my cause, because I know Government Members want to talk the Bill out. I would rather see them take a stand on whether they are for or against the subjugation of sovereignty within the United Kingdom. I am going to move on and deal with these issues.

The hon. Member for Walthamstow referred to my taking a case to the Supreme Court. Why would I not? It is the Supreme Court of my United Kingdom. Why would I not take a case to the Supreme Court and test the laws that relate? I remind the House again that what the Supreme Court had to hold is that, because of the protocol so enthusiastically supported by Labour Members, Northern Ireland’s place in the United Kingdom has been subjugated. The Supreme Court held that the fundamental building block of article 6 of the Acts of Union is in suspension because of the import of the protocol.

Some tell us, “Well, we don’t want to face these issues.” There is no option, we are told, because of the Belfast agreement. I have even read and heard people say, “The Belfast agreement prohibits a border on the island of Ireland.” I hold the agreement in my hand. I have read it many times. Perhaps someone could direct me: where in this document does it say that there cannot be a customs border on the island of Ireland? Where is it? It is not there! We already have a currency border, a VAT border, a tax border. Nowhere in the Belfast agreement does it say that you cannot have a customs border at the international boundary of the United Kingdom—nor should it. And then I am told, “This would breach international law if you did not have the protocol.” That is not correct either. A fundamental premise of international law is respect for territorial integrity. What have I been talking about for the last hour, if it has not been about respecting territorial integrity? That is the fundamental premise of international law.

It all goes back to the General Assembly of the United Nations declaration on principles of international law. What does it say? It says that territorial integrity is key, and that the declaration constitutes the basic principles of international law. It says:

“Every state shall refrain from any action aimed at…disruption of the national unity or territorial integrity of any other state.”

If only that had been adhered to. The declaration says:

“Where obligations under international agreements are in conflict with the obligations of this charter, the obligations of this charter shall prevail.”

So the fundamental principle is respect for territorial integrity. That is the governing principle of international law, so when an agreement comes into play that defies the fundamental requirement to respect territorial integrity, that agreement falls, not international law.

Type
Proceeding contribution
Reference
758 c582 
Session
2024-25
Chamber / Committee
House of Commons chamber
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