Northern Ireland Protocol Bill — House of Commons, 2022-07-20
Topic: Government Operations
Michael Tyrone Ellis (Conservative, Centre-right): Yes, indeed Subsection (6) provides that a Minister can facilitate other powers under this Bill to be exercisable exclusively, concurrently or jointly with devolved Administrations to implement the aims of the Bill, and that is our intention where this is possible and appropriate Clause 23 sets out the process and parliamentary procedure for regulations made under the Bill, except for those in relation to tax, or customs, or commencement, which have been dealt with in other clauses by the Financial Secretary to the Treasury. Clause 23 will ensure that the appropriate level of parliamentary scrutiny is in place for the different arrangements that will be necessary for the functioning of the new regime. I will now move on to clause 25, which sets out the definition of relevant terms in the Bill, including by cross reference to their definition in other pieces of legislation. This is a normal and regular feature of all legislation. Clause 26 makes a number of final provisions in the Bill relating to extent and commencement, which are a normal part of all legislation. That clause is vital to ensure the smooth commencement of the new regime and to give business certainty Moving briefly to amendments 50 and 53 in the name of the hon. Member for Foyle (Colum Eastwood). This would require approval from the Northern Ireland Assembly before the Bill could come into effect, but the Northern Ireland Assembly is not currently sitting and it is precisely because of this breakdown of institutions that we need this Bill, so I ask the hon. Member not to press the amendments Amendment 51 is in the name of the hon. Member for Foyle. This would require secondary legislation under the Bill to be presented to the Joint Committee. It is wholly inappropriate, in our view, to give scrutiny of UK domestic legislation to the EU in this way, as it would effectively give it a procedural veto, so I urge the hon. Member not to press that amendment Amendment 55 in the name of the hon. Member for Foyle relates to the role of the North-South Ministerial Council. As the hon. Member knows, the North-South Ministerial Council includes Members of the Government of the Republic of Ireland and, as I said yesterday, it would be wholly inappropriate and a wholly inappropriate role for the Irish Government potentially to veto the Acts of a sovereign United Kingdom Parliament. I therefore urge the hon. Member not to press the amendment I will consider amendments 19 to 22 and new clause 6 together. They are in the name of the hon. Member for Gordon (Richard Thomson). My right hon. Friend the Financial Secretary to the Treasury covered similar amendments to clause 24 of the Bill during the first day of debate. I reiterate her comments that the normal affirmative and negative procedures for statutory instruments provide effective scrutiny for the House. I therefore urge the hon. Gentleman not to press his amendments I will touch on amendments 2 and 47 in a little more detail. They are tabled by my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) and seek to require a parliamentary vote prior to the commencement of the substantive provisions of the Bill. As I have outlined to the House, the EU is not prepared to change the protocol to resolve the problems we face, and there is no prospect of seeing a power-sharing Government restored in Northern Ireland if we are unable to tackle those problems. We need to bring in solutions as soon as possible to help the businesses and consumers of Northern Ireland. Additional parliamentary procedures would risk delays to the regime’s coming into force and undermine the certainty and clarity that we are looking to provide through this very Bill Turning to amendment 47 specifically, it would also set a concerning precedent that, when the legislature has passed legislation, the Executive are not free to bring it into force. That freedom has been a long-standing rule and one that a Government of any party would not wish to depart from. Furthermore, the amendment deviates from the previous one in that, rather than offering this House a single future debate on the issue at hand, it hands an effective veto on most of the Bill to the other place. I understand that some may find that an attractive outsourcing of opposition and a way around the conventions governing relations between the two Houses. However, the Executive , as my hon. Friend is well aware, is grounded in this honourable House and must be able to commence legislation they have agreed with Parliament. I urge him not to press his amendments I come now to amendment 33 and new clause 11, in the name of the right hon. Member for Tottenham (Mr Lammy). He is right to raise the important question of the relationship between this Bill and the United Kingdom’s obligations in international law. However, the consistency report that he proposes in his amendment, is unnecessary in our view. The Government have already been clear that the proposals of this Bill are consistent with international law, so I ask him not to press his amendment or the new clause I respectfully point out to the hon. Member for North Down (Stephen Farry) regarding his amendments 3 and 4 that, while we need to see the restoration of the institutions as quickly as possible, it is exactly because of the breakdown of those institutions that this Bill was needed in the first place. That is why we cannot have a resolution of the Assembly before it comes into force. His amendments, by contrast, would allow the Northern Ireland Assembly to constrain the UK Parliament’s power to legislate, even if that legislation relates to a reserved matter. That cannot be right; it would be wholly inappropriate under the devolution arrangements, and for that reason and the others I have mentioned I respectfully urge the hon. Gentleman not to press his amendments Moving on to new clause 12, and coming rapidly to a conclusion, this new clause is not necessary, as we have been clear that proceeding with this Bill is consistent with our obligations in international law and in support of our prior obligations to the Belfast/Good Friday agreement. The Government have published a summary of our legal position alongside the Bill and would robustly defend our position in any relevant legal proceedings, should they occur. I therefore ask the right hon. Member for Tottenham not to press this new clause New clause 16, tabled by the hon. Member for Belfast South (Claire Hanna), would require an impact assessment to be published within six months of making regulations. We are currently engaging with businesses on the detail of regulations, but we need flexibility so that any regulations brought forward as the product of that engagement ensure that the new regime is as smooth and operable as possible Penultimately, new clause 17, tabled by the hon. Member for Foyle, would allow the Northern Ireland Assembly to constrain the UK Parliament’s power to legislate on reserved matters. As I have said before, that is inappropriate under the devolution settlements New clause 19, tabled by the hon. Member for Foyle, would remove the powers provided by the Bill in the event of a Northern Ireland Assembly vote for continued application of the protocol. This would freeze in place a muddied set of arrangements in Northern Ireland and remove the ability of the UK Government to manage them, so the new clause should also be withdrawn. This Bill provides a comprehensive and durable solution to the existing problems with the Northern Ireland protocol. The Government remain open to a negotiated outcome with the EU on the protocol, but the urgency of the situation means that we cannot delay. We must act to preserve political stability in Northern Ireland and fulfil our duty to uphold the Belfast/Good Friday agreement. I therefore recommend that these clauses stand part of the Bill.