Jim Allister MP: speeches

Speeches

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  I will make some progress. I will be as generous as I can with interventions, because I know that Government Members want to talk this Bill out—and, because they are not shame-faced enough, some of them want to vote against the principles of the Bill, but there we go. The right hon. Member for Belfast East (Gavin Robinson) makes an important point. The reason why that point has traction is found in EU regulation 625 from 2017. It determines that Northern Ireland is, according to our courts, for these purposes, EU territory. We have had several legal cases in Northern Ireland, such as the Rooney case. The judgment in that case established that the EU official controls on food and feed law, animal health, plant health and so on have to be in place because our High Court has ruled that under that applicable EU law, for regulatory and customs purposes, the entry point to the EU is the Northern Ireland ports. Could it be any more Union-dismantling than that? Under EU law, to which we are subject, the entry point to the EU is the ports of Northern Ireland. Mr Justice Colton said that EU regulations must be interpreted according to EU law as a result of article 4.1 of the withdrawal agreement and article 13.2 of the protocol, which, he goes on to say, have domestic effect in the United Kingdom under section 7A the European Union (Withdrawal) Act 2018. He said that under the withdrawal agreement it is at Northern Ireland ports that EU territory is entered. He went on: “The UK is not to be treated as a unitary state for the purposes of OCR checks coming from GB into NI.” Could it be any more stark that Northern Ireland has been colonised by the EU? What is a colony? It is a territory governed by someone else’s laws from a foreign jurisdiction. When 300 areas of law—including customs, and including the very definition of Northern Ireland’s territory in trading terms—are governed by foreign EU laws, we have created a situation in which, in that context, Northern Ireland is a veritable colony. There are many people in the House—the Government Benches opposite are populated by many of them—who boast of their anti-colonialism. They constantly pride themselves on their anti-colonial heritage. Yet here we have a part of this United Kingdom colonised by EU law, to the point that we are told that when someone enters the ports of Northern Ireland, they enter EU territory.

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  I remind the Minister that the magical thinking came from the EU itself, through Jonathan Faull and his colleagues, who made that very suggestion. And why would what I suggest not work? If the EU is our friend—if we trust it and it trusts us—why would it not trust us to keep our word on imposing its standards on our goods entering its territory? If that does not work, then it is time to talk about alternatives, but that proposal should be the starting point. There was the whimsical dismissal that it would not work, even though it has never been tried. The really chilling thing about the Minister’s intervention is its subtext: “Suck it up, Northern Ireland. You’re no longer a full part of the United Kingdom. You will just live like a colony of the EU, under its laws in 300 areas. We have no empathy and no desire to fix it; we will just leave you in that position.” That is the chilling import of her intervention.

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  Brexit was a national vote, decided for better or for worse on a national basis. The people of London did not vote for Brexit, but no one is saying they should now be ruled by laws from Brussels. The People of Northern Ireland by a small majority did not vote for Brexit, but Members are saying that we should be ruled by laws from Brussels. That does not stack up. I am simply calling in aid what the Belfast agreement says: the Belfast agreement says key decisions are cross-community. Is anyone denying this is a key decision? If so, why is it not a cross-community vote?

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  Absolutely. I will return to that.

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  Are there, or are there not, 300 areas of law that are now beyond the legislative reach of this House and the Assembly because they lie within the purview of the European Parliament? Is that true or false?

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  I would rather give way to the Minister on that issue, but I hear no answer. The House has been patient as I have laid out the arguments for the Bill. I see the Bill as an opportunity to restore the equilibrium, which I hope to have demonstrated has been destroyed in these arrangements. That is the democratic equilibrium, the equilibrium of equal citizenship, the equilibrium of Northern Ireland’s place in the United Kingdom and the equilibrium of our relations with the EU. All those are positives, all those are in the national interest, and all those are that which I believe should recommend themselves to the House. I trust that the House will give favour to the Bill.

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  Ours is not a delivery problem; ours is a bar on sending. Ours is not just that it is too difficult; ours is that it is too difficult because of the international customs requirements. That is the difference between us and the highlands and islands. I am sure the highlands and islands do have that delivery problem, and I am sure that small businesses do shirk the desire to serve them, but in Northern Ireland it is for a more fundamental and compelling reason.

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  I absolutely agree. The fascinating point is the very concept was articulated from and originated within the EU itself. During the early stages of the negotiations, Sir Jonathan Faull and academics Daniel Sarmiento and Joseph Weiler came up with that proposition. It is not my proposition. It is not a United Kingdom proposition. It was an EU proposition. They said the answer is mutual enforcement. Today we have a statement from those three gentlemen, which has been made public. It says, “On Friday of this week, the House of Commons will be debating a Bill which attempts to address some of the difficulties resulting from the Brexit divorce agreements between the EU and the UK, which might be of interest to readers. In 2019, we proposed a solution which would have obviated any need for these complicated and divisive legal manoeuvres. The UK and the EU could have respected each other’s positions and saved everyone a great deal of time and effort. The Financial Times characterised the proposal as a ‘win-win solution’. Regrettably, it was not followed.” I echo that: regrettably, it was not followed. Why was it not followed? Because the politics took over. Instead of looking for a workable, practical border solution, the politics of making the United Kingdom pay for leaving the EU took over. That is how we got into this morass of a pernicious imposition through the border.

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  Will the Minister give way?

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  The hon. Member was the Health Minister in Northern Ireland and knows all about that, so I will gladly give way to him.

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  The hon. Member might be interested to know that the growth area of the Northern Ireland economy is the services sector, which is the one sector not included by the protocol—it is outside all that. The one sector that is outside the protocol is increasing. There is a clear message in that.

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  I only wish that the laws for Northern Ireland were made in this Parliament, or in our devolved institutions. If the hon. Member has been listening at all, surely he has understood that there are 300 vast areas—they are not self-contained; they are expanding, and have already been expanded—on which laws are made in a foreign Parliament. That is the fundamental point. If we want a trade deal with the United States, we have to show that it will be a bona fide trade deal with the United Kingdom, not with a surrogate of the EU through a back door that is wide open.

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  That is absolutely right, and in Northern Ireland we suffer the consequences of those aggressive political agendas every day. If the Government are saying, “This is fine; there is nothing to see here. We don’t need to fix anything,” then they are not just insulting the intelligence of those of us who introduced the Bill, but saying to my constituents, “You can carry on being second-class citizens.” The Government cannot say to my constituents, “You are equal citizens, but you will not be governed by British laws.” That is what the Government are saying to my constituents in North Antrim and to people across Northern Ireland. “You have equal citizenship, but some are more equal than others. Some will be ruled by the laws that this Parliament makes, or by those that the devolved Assemblies make, but you will be ruled by laws that someone else makes for you, and be grateful for it.” That is where we have got to on this issue. It is not just insulting but frankly unacceptable for the people of Northern Ireland to be treated in this way. Given the Government’s enthusiasm to maintain the unworkable status quo, they should reflect on the fact that there is about to be a new President of the United States who has made it very plain that he is in tariff mode. If he carries through his tariffs, this United Kingdom Government will need a trade deal. Why would a President of the United States do a trade deal with the United Kingdom if the UK has a back door that is open to the EU? That is the consequence of this protocol. We do not have a secure international trade border; the border with the EU is porous, and by all reports, Mr Trump is pretty adverse to the EU. Why would he ever do a deal with the United Kingdom with that back door open? Should this Government not take the opportunity presented by this Bill to say, “We will fix this arrangement, and then we can convince the Americans that we are a safe and secure partner in a trade deal”? So long as the protocol exists, we cannot give the United States of America that certainty. It is in the national interest, the Government’s interest and our trading interest to fix this arrangement, so that we can pursue a trade deal with the Americans—who, at the end of the day, are our best friends in all this—on the best possible terms.

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  The right hon. Gentleman is absolutely right. Those of us who are looking for a solution are supporters of this Bill, because we cannot go on as we are. Those who think that it is okay to subjugate part of their own territory are opposed to this Bill. They are quite content with the colonisation of part of our territory. In constitutional terms, where we have ended up is that Northern Ireland is no longer a full part of the United Kingdom. Why? It is because we are not our own masters in 300 areas of law and that a foreign jurisdiction makes those laws. What does that create? It creates what is called, in constitutional terms, a condominium: Northern Ireland is ruled in part by UK laws and in part by foreign laws. [Interruption.] The hon. Member for Walthamstow (Ms Creasy) finds that hilarious—sorry, it is not hilarious to be subjected to that.

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  I will deal with that more fully, but for now I will say that the trade that matters the most to Northern Ireland is with our biggest partner, Great Britain. That is the source of the overwhelming majority of our raw materials that keep our manufacturing industry going, but as a result of this pernicious Irish sea border, that trade is fettered. All raw materials have to pass through the full ambit of an international customs border. If the hon. Member’s constituents envy the position of my constituents, they really need to reassess the situation, as does he. It is nothing to envy.

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  I agree absolutely. We already see the consequences. [ Interruption. ] Again, this seems to be a matter of humour to some on the Government Benches. Increasingly, we see that GB suppliers simply stop supplying, because they will not put themselves through the rigours of the customs code, documentary declarations and everything else. It is very difficult for anyone trying to do business in Northern Ireland. In the main, small and medium-sized businesses do not have the resources to employ the extra 10 staff that a big business might to meet the requirements of crossing the Irish sea border. Small suppliers do not have the necessary resources, so they simply stop supplying Northern Ireland. That feeds the continuing diversion of trade.

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  I acknowledge the hon. Member’s speech, but let me say this: it is no stunt to ask, on behalf of my constituents, for what every other part of this United Kingdom has—the right to be ruled by laws we makes ourselves. It is no stunt to ask for equal citizenship; it is no stunt to say that this United Kingdom—the clue is in the title—should not be partitioned by an international customs border.

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  The Minister talked about the flexibility of the Windsor framework in allowing change. Of course, the Windsor framework was not able to change one word of the substantial content of the protocol, because the protocol involved giving the EU control over the vast swathes of our economy that are under those 300 areas of law. It involved putting Northern Ireland under the EU’s customs code. Only if that is reversed can Northern Ireland return to the UK internal market and be retrieved from the EU single market. The Windsor framework does none of that, and even with the greatest will in the world, it is not capable of doing any of that. It can tinker; it cannot change.

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  No, I will finish my point. That is the fundamental issue here. We also had it on the legacy Bill. Again, it is not about the merits or the de-merits of the legacy Bill, much of which I abhorred; it is about the principle that our courts in this United Kingdom rule. The provisions of this Parliament—the sovereign will of this Parliament—are overridden by the laws of a foreign jurisdiction. That is the fundamental issue of sovereignty at stake here. That is why clause 2 will address the import of article 2 by making it something that cannot be given effect in domestic law.

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  I respectfully and utterly disagree. As part of the United Kingdom, we are all subject to the Human Rights Act 1998. The Human Rights Act is what fundamentally gives the hon. Lady’s constituents the rights that they have in that sphere, and she would lose nothing by losing the control of the foreign court of the European Court of Justice. I am listing examples of the 300 areas of law that have been purloined by the EU in its sovereignty grab over Northern Ireland. I mentioned the 34 different diktats on animals. We have even reached the point in Northern Ireland where, under these arrangements, our cattle can no longer bear a UK ear tag. They now have to have a specified European Union ear tag. That is but an illustration of how absurd and utterly wrong and offensive it is that the right to make the laws in our own country has been surrendered to a foreign power. All those 300 areas are set forth in annex 2 of the protocol or, as it is now more kindly called, the Windsor framework. Look at annex 2, look at the hundreds of laws—289 of them which now have been removed from the ambit of the lawmaking of this House or the lawmaking of the Northern Ireland Assembly.

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  It appears that the hon. Member has not been listening. The whole focus of my speech was on how we give back rights to the people of Northern Ireland and sort out our trade across the border, not the opposite. She has a rich heritage of advocating for cross-community issues. I have two questions, if she will address them. First, does she think that the decision on Tuesday in the Assembly is key, in that the Assembly will say for the next four years, “We are prepared to accept whatever laws from Brussels, even laws we do not even know about yet”? Secondly, if it is a key decision, why should it not be taken on a cross-community basis?

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  I beg to move, That the Bill be now read a Second time. I begin by thanking my co-sponsors for their help and support with the Bill: the right hon. Members for Chingford and Woodford Green (Sir Iain Duncan Smith), for Belfast East (Gavin Robinson) and for East Antrim (Sammy Wilson), and the hon. Members for Blackley and Middleton South (Graham Stringer), for Clacton (Nigel Farage), for South Antrim (Robin Swann), for Boston and Skegness (Richard Tice), for Upper Bann (Carla Lockhart), for North Down (Alex Easton), for Strangford (Jim Shannon) and for East Londonderry (Mr Campbell). I also wish to thank my own staff for their assistance during recent weeks, particularly Dr Dan Boucher, who has worked tirelessly on these matters. I record my appreciation of international lawyer Mr Barney Reynolds for his help and guidance on many of the technical issues. Since I came to this House in July, I have lost count of the number of times I have heard affirmations from the Government Benches about “fixing the foundations.” Well, there is one foundation that most assuredly needs fixed, and that is the foundation that flows from the inequitable post-Brexit arrangements as they affect my part of the United Kingdom: Northern Ireland. The foundations of this United Kingdom have been disturbed and dislodged by those arrangements. The primary purpose of this Bill is, yes, to fix those foundations—to restore equilibrium to Northern Ireland’s place within the United Kingdom and to our relationship as a nation with the EU. In fixing the foundations, we need to reflect on the most basic tenet of democracy, namely that a people should be governed by laws made by those they elect to make those laws. That is so fundamental that we all presumably almost take it for granted, yet tragically and with great constitutional detriment, that is no longer the position in respect of Northern Ireland. There are 300 areas of law where the right to make laws is not exercised in this House or in the devolved Assembly, but has been surrendered to the European Parliament. That is such a momentous thing that it should cause anyone who values the fundamentals of democracy—who clings to the principle that a people are entitled to elect those who govern them and make their laws—to be ashamed that this situation has evolved. It is not just a democratic deficit, but undemocratic plundering of the Northern Ireland statute book by the EU. These are not incidental matters or trifling issues. They are the laws that deal with customs, general trade, goods, motor vehicles, cosmetics, toys, electrical equipment, textiles, medical devices, pesticides, waste, and food hygiene, ingredients and marketing. They cover 13 different areas of law dealing with food alone. They are the laws that deal with disease and with animals—with the breeding, welfare and identification of animals. Thirty-four different diktats of the EU govern all of that.

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  Does the hon. Member not accept that a fundamental element of the jurisprudence of international law in this area is the requirement that any such agreement must not infringe the territorial integrity of either state? That, patently, has happened. Is this not the fundamental flaw in the international law argument? It falls at the first prerequisite: that the territorial integrity of the state with which the agreement is being made must not be infringed.

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  Yes, that was the boast of Mr Barnier and his staff: that the price of Brexit would be Northern Ireland—and so it has proved to be. That may be something of indifference, or indeed pride, for some people in this House, but it should be a badge of shame that we allowed a part of the United Kingdom to be colonised by the EU, and that we have surrendered our rights to make our own laws.

• 6 Dec 2024 · European Union (Withdrawal Arrangements) Bill · Hansard source

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  Will the Minister give way?