UK Parliament / Open data

European Union (Withdrawal Arrangements) Bill

This House often debates the most challenging and sensitive matters. In this Chamber last Friday, we saw how a sensitive and intense debate based on conviction rather than dogma brings out the best in the House. That is why I have been looking forward to this debate and to listening to the views of colleagues of all political persuasions, and I hope I have done that.

The hon. and learned Member for North Antrim gave the House a heads-up on this Bill with his previous actions. For example, the putative incompatibility of article 6 of the Acts of Union with the Belfast agreement was ruled out on all counts by the Supreme Court, as far as I am aware. I am sure Members on both sides of the Chamber will recognise that engagement with this debate is done in good faith, even where there are differences of opinion.

I thank the hon. and learned Gentleman for his explanatory notes on the Bill. I read them with interest, particularly paragraph 11:

“The purpose of the Bill is to provide Ministers with the power to make changes to the operation of the Windsor Framework in domestic law, restore the cross-community imperative of the Belfast (Good Friday) Agreement in respect of continuance of the Windsor Framework and to safeguard democracy, peace and stability in Northern Ireland.”

In my view, this is effectively a reincarnation of the Northern Ireland Protocol Bill 2022, which caused concern in so many quarters, domains and jurisdictions. The Government of the time acknowledged that there would be non-performance of their international obligations out of necessity. They said that they sought to reach a negotiated settlement with the European Union to forestall the need to invoke the concept of necessity.

The previous Government subsequently withdrew the Bill, because they believed they had secured the necessary conditions they sought, as set out in the UK-EU withdrawal agreement. Therefore, the assertion on the use of the concept of necessity was never put to the test. I, for one, am pleased that it was not. If it had been, in my view and in the view of many others, we would have been on the road to perdition—there is no doubt about that.

As I have said, this Bill is another iteration of the Northern Ireland Protocol Bill that would take us back to June 2022 and, once again, put the country in danger of breaching its obligations under international law, notwithstanding what the hon. and learned Member for North Antrim said. The idea that the Bill can invoke the concept of necessity as a reason for a breach is beguiling, but illusory.

Type
Proceeding contribution
Reference
758 c598 
Session
2024-25
Chamber / Committee
House of Commons chamber
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