Sovereignty : The Northern Ireland Protocol debate in the Commons, 15 July 2021

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Here is how Sir Bernard Jenkin MP introduced the debate

“I beg to move, that this House supports the primary aims of the Northern Ireland Protocol of the EU Withdrawal Agreement, which are to uphold the Belfast (Good Friday) Agreement in all its dimensions and to respect the integrity of the EU and UK internal markets; recognises that new infrastructure and controls at the border between Northern Ireland and the Irish Republic must be avoided to maintain the peace in Northern Ireland and to encourage stability and trade; notes that the volume of trade between Great Britain and Northern Ireland far exceeds the trade between Northern Ireland and the Republic of Ireland; further notes that significant provisions of the Protocol remain subject to grace periods and have not yet been applied to trade from Great Britain to Northern Ireland and that there is no evidence that this has presented any significant risk to the EU internal market; regards flexibility in the application of the Protocol as being in the mutual interests of the EU and UK, given the unique constitutional and political circumstances of Northern Ireland; regrets EU threats of legal action; notes the EU and UK have made a mutual commitment to adopt measures with a view to avoiding controls at the ports and airports of Northern Ireland to the extent possible; is conscious of the need to avoid separating the Unionist community from the rest of the UK, consistent with the Belfast (Good Friday) Agreement; and also recognises that Article 13(8) of the Protocol provides for potentially superior arrangements to those currently in place.”

And here are the DUP’s “7 tests” outlined by Sir Jeffrey Donaldson for the first time

What follows are extracts from Sir Jeffrey’s speech. The full version from Hansard can be found here.

“For people in Northern Ireland, the political and economic stakes could not be higher, as the protocol presents the greatest ever threat to the economic integrity of the United Kingdom. The rigorous implementation of the protocol that some anti-Brexit parties in Northern Ireland have called for would be bad for consumers and bad for business. It would be socially disruptive, economically ruinous and politically disastrous for Northern Ireland. As Lord Frost has repeatedly pointed out, the Northern Ireland protocol in its present form is unsustainable, and it needs to go.”

“That is why, today, I am setting out seven tests that I believe are important for any new arrangements. Our tests are grounded not in a Unionist wish list, but in promises that have already been made in one form or another to the people of Northern Ireland. It is not too much to ask that the Government stand by these promises.

“First, new arrangements must fulfil the guarantee of the sixth article of the Act of Union 1800. That Act of Union is no ordinary statute; it is the constitutional statute that created the United Kingdom for the people whom I represent. The sixth article essentially requires that everyone in the United Kingdom is entitled to the same privileges and to be on the same footing as to goods in either country and in respect of trade within the United Kingdom. Under the protocol, this is clearly no longer the case. The House will be aware—you made reference to the legal challenge on this point, Madam Deputy Speaker—that the High Court has held that the protocol does not put the people of Northern Ireland on an equal footing with those in the rest of the United Kingdom. In defending their position, the Government lawyers made it clear that the protocol impliedly repeals article 6 of the Act of Union. That is a matter of grave concern to us, and it is a matter that needs to be put right.

“Secondly, any new arrangements must avoid any diversion of trade, and I welcome what has been said already. It is simply not acceptable that consumers and businesses in Northern Ireland are told that they must purchase certain goods from the EU and not from Great Britain. In this regard it is notable that article 16 of the protocol already permits the UK to take unilateral safeguarding measures to ensure that there is no diversion of trade, and the Government must do that.

“Thirdly, it is essential that any new arrangements that are negotiated do not constitute a border in the Irish sea between Great Britain and Northern Ireland. In line with the Act of Union, there should be no internal trade border in the UK. Northern Ireland’s place in the UK internal market must be fully restored.

Fourthly, new arrangements must give the people of Northern Ireland a say in making the laws that govern them. That guarantee is implicit in article 3 of protocol 1 of the European convention on human rights, which clearly states that where people are subject to laws, they should be able freely to express their opinion on those laws. Northern Ireland does not have that in relation to EU regulations being imposed on it.

Fifthly, new arrangements must result in no checks on goods going from Northern Ireland to Great Britain, or from Great Britain to Northern Ireland. The Prime Minister gave that commitment on 8 December 2019, and it should be honoured.”

”Sixthly, new arrangements should ensure that no new regulatory barriers develop between Great Britain and Northern Ireland, unless agreed by the Northern Ireland Executive and Assembly. That commitment was made in paragraph 50 of the joint report by negotiators from the European Union and the United Kingdom Government in December 2017. Our Government sadly failed to honour that paragraph when they concluded the Northern Ireland protocol. We expect that commitment, which was made by the Government, to be honoured.”

”Seventhly, new arrangements must preserve the letter and the spirit of Northern Ireland’s constitutional guarantee, set out most recently in the Belfast agreement, which requires in advance the consent of a majority of the people of Northern Ireland for any diminution in its status as part of the United Kingdom. Our consent was not sought for the diminution in our status and the repealing of a key element of the Act of Union that changed our status with the Northern Ireland protocol. To reduce the constitutional status to our having a say in the final step of leaving the United Kingdom would mean that, in effect, it is no meaningful guarantee at all. If the constitutional guarantee for Northern Ireland is to have any meaning, it applies not just to the question of whether we are part of a united Ireland or remain in the United Kingdom. The Belfast agreement is clear that it is about any change to the status of Northern Ireland within the United Kingdom, and our consent was not sought and has most certainly not been given.

“In conclusion, there is no practical or pragmatic reason why arrangements cannot be put in place that satisfy those tests and prove no meaningful threat to the integrity of the EU single market. We require that Northern Ireland’s place within the UK internal market is restored and we expect that the Government will take steps to do that in line with the previous commitments that they have given, from the Prime Minister down. My party will assess any new arrangements against these seven tests. I hope that for the sake of the integrity of the United Kingdom and the people of Northern Ireland we will not be disappointed.”

[ Sources: DUP | Hansard ] Politicians and journalists can contact us for details, as ever.

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