Deal legislation passed in Commons

UK Internal Market

Sir Jeffrey Donaldson said perhaps the most powerful illustration of the changes that the DUP secured is what will happen on the ferry route between Dublin and Holyhead. “A Northern Ireland haulier using that service will board the ferry, travel to Holyhead, leave the ferry and travel straight out of the port on to their destination with no customs procedures and full unfettered access. In contrast, a southern Irish haulier arriving at Holyhead will be subjected to full UK customs procedures at the Port before they can proceed. Does he join me in welcoming NI’s restoration fully within the UK market”.

NIO minister Steve Baker said there was now future proofed unfettered access for NI traders to GB.

Tory MP John Redwood asked Mr Baker to explain why 20% of goods coming from GB into NI wouldn’t be able to use the UK internal market lane – and “why would the UK government – who I was told were in charge – want to ensure practically all goods could use the internal market lane?”

Mr Baker said the point was that 80% are goods which are staying in NI – and the 20% are goods going on to the EU.

This was rejected by the DUP’s Sammy Wilson who said much of the 20% were goods going to NI and might never be in the EU at all – including manufacturing and warehousing. Mr Baker didn’t accept that and defended the principle of the red lane to protect the EU’s market. He said the UK government “would have implemented the red lane even acting unilaterally out of respect for the legitimate interests of our friends and trading partners”.

Sir Jeffrey Donaldson intervened to ask the minister to welcome the four million goods movements moved out of the red lane as part of changes to the text of the Framework announced earlier in the week.

Mr Baker said NI is not in the EU single market and has the “absolute minimum of EU law” compatible with access to the EU market. He said there had been eight years of drama but had put in place a red lane to protect the EU’s interests.

The DUP’s Paul Girvan said that for companies where 98% of their goods were for the UK – they would still have to use the red lane. Mr Baker said he would visit a firm mentioned by Mr Girvan to see what solutions there should be.

Sir Jeffrey Donaldson said there was no need for a green lane. “There is only a need for one lane. And that is the lane that deals with goods flowing through our Northern Ireland ports and onwards to the European Union or deemed at risk of entering the European Union”.

Looking towards his colleague Sammy Wilson, Sir Jeffrey said “The red lane was endorsed by my party. The red lane was supported by my party. And every one of my MPs voted for that proposal. And that was my mandate. And is what I secured. And that removes the Irish Sea border within our internal market of the United Kingdom. And it means that the only checks that we need to carry out are those on goods moving into or at risk of going into the European Union. That is what we stated when we set out our response to the Windsor Framework – endorsed unanimously by all of our party officers. All of them.” He said he had gone further than the party’s framework response in removing the green lane from the new arrangements.

UK Sovereignty

A Tory MP referenced Section 38 – and said the arrangements show that the Parliament of the UK is sovereign notwithstanding Section 7A and the Windsor Framework – “in practice and in law, constitutionally, there is the capacity for the override not only of the Withdrawal Agreement and the Protocol – but also the Windsor Framework as a result of what is contained in those words”

Mr Heaton-Harris said “I hope he recognises what we are doing in this statutory instrument… making the addition of Northern Ireland’s place in the United Kingdom”.

DUP MP Jim Shannon where the “last word” on EU laws lies – in the UK Parliament or with the EU. Chris Heaton-Harris said the biggest say would be with Assembly members – but that Parliament is sovereign. He pointed to decisions of Great Britain to diverge from Northern Ireland “with good reason” on issues like animal exports – saying a GB ban would affect exports from NI to the Republic of Ireland.

Ability to set UK taxes

Asked by Tory backbencher if the government could decided taxes – such as VAT – for the whole of the United Kingdom, Chris Heaton-Harris said yes.

Strength of the Union

The Secretary of State says the regulations brought to Parliament today are part of a package “which will safeguard and durably strengthen NI’s integral place in the union and the UK internal market”.

He said the measures are “underpinned by the Acts of Union and also the terms of the Northern Ireland Act 1998”.

The SDLP leader asked said the UK position that it had ‘no selfish or strategic interest’ in Northern Ireland had been undermined by the government’s ‘Safeguarding the Union’ command paper – and the government had moved away from ‘rigorous impartiality’.

Peter Brooke – NI Secretary in the early 1990s had said that Britain “has no selfish or strategic interest in Northern Ireland”.

The Secretary of State said he agreed with what Peter Brooke had said – but that Sir Jeffrey Donaldson had done more for NI’s place in the union than his detractors. He claimed Sir Jeffrey’s detractors had delivered “zero” after a question from the Tory MP Julian Smith, the former NI secretary who has been involved in the talks process.

DUP deputy leader Gavin Robinson quoted the government’s ‘Safeguarding the Union’ command paper stating “on the basis of all recent polling the government sees no realistic prospect of a border poll leading to a united Ireland”.

Sir Jeffrey said repairing the damage done by the NI Protocol was work in progress, and the party would hold the government to account on its commitments. “My party executive mandated me as the leader of the party to proceed on the basis that we needed the government to progress key elements of these arrangements first. Before we would then proceed to recall the Assembly and to restore the Executive.”

Stormont Brake and scrutiny of EU laws

Chris Heaton-Harris says that when the Assembly sits – he will implement the Stormont Brake mechanism.

Sammy Wilson pointed out that the NI Secretary has said there were vital democratic safeguards to guard against EU law – plural – and asked what they were other than the Stormont Brake.

Mr Heaton Harris said: “We’ve got the Withdrawal Act itself, and indeed he is sitting in the place that safeguards our laws themselves. And it is right that we are updating our domestic law to reflect that democratically elected representatives in Northern Ireland will now be able to reject new and amended EU law – and that the Withdrawal Agreement’s implementation is subject to robust scrutiny”.

Divergence

Sir Edward Leigh said as a Brexiteer he wanted an assurance that “we will be able to enjoy our Brexit freedoms under this deal”.

The NI Secretary said “This package of measures will not change the freedoms and powers we have secured through leaving the European Union or through the Windsor Framework”.

He continued: “It will not reduce our ability to diverge, or our commitment to do so should it be in the interests of the United Kingdom. And if the legislation does carry significant adverse effects, of course the House would expect the minister to set out any steps to be taken in response to this assessment”.

The Secretary of State said “Crucially, this legislation will also change the law so that new regulatory borders between Great Britain and Northern Ireland cannot emerge from future agreements with the European Union. This is an important new safeguard to future-proof NI’s constitutional status. No government in the future can agree to another Protocol. Nor can the UK internal market be salami-sliced by any future agreement with the European Union. This legislation will also introduce safeguards so that government bills that affect trade between NI and other parts of the United Kingdom are properly assessed. Ministers in charge of such bills will need to provide… a written ministerial statement to Parliament as to whether a bill would have significant adverse effect on trade between Northern Ireland and another part of the United Kingdom. And if the legislation does carry that significanyadverse effect of course the House would expect the minister to set out any steps to be taken in response to this assessment”.

He described it as “a very good transparency measure”.

Review into Windsor Framework

Alliance MP Stephen Farry asked that any independent review would be truly independent and take into account a full spectrum of opinion from the business community. The NI Secretary said he could give that assurance.

More to follow...