Checks on Goods: Northern Ireland and Great Britain

(Urgent Question): To ask the Secretary of State for Exiting the European Union if he will make a statement regarding checks on goods moving from Northern Ireland to Great Britain and Great Britain to Northern Ireland under the current withdrawal agreement.

On 17 October, the United Kingdom and the European Union reached political agreement on a new withdrawal agreement and political declaration for the future relationship. That includes a revised protocol for Northern Ireland, which has been extensively debated in this House. The agreement is clear that Great Britain and Northern Ireland are one customs territory. Goods that are not at risk of moving to the European Union will attract no tariffs. These arrangements mean that Northern Ireland would remain in the UK’s customs territory and could benefit from the UK’s new trade deals with third countries. Goods moving from Great Britain to Northern Ireland that are destined for the European Union will have to comply with European Union rules. To ensure that the correct tariffs are applied and that goods comply with the rules of the single regulatory zone, some information will be needed on goods moving from Great Britain to Northern Ireland.

The deal also explicitly allows the United Kingdom to ensure unfettered market access for goods moving from Northern Ireland to Great Britain. There will be minimal targeted interventions designed to prevent, for example, trade in endangered species, which I would have thought the House agreed on. We will work with the European Union to eliminate those limited processes as soon as possible after Brexit. The most important point is that the arrangements automatically dissolve after four years unless a majority of the Northern Ireland Assembly in Stormont votes to keep them.

Thank you, Mr Speaker, for granting this urgent question, which really does matter.

There is confusion at the very heart of government. Yesterday, the Prime Minister told the House there would be “no checks” and “no tariffs” between Northern Ireland and Great Britain; that is in direct contradiction to what the Secretary of State just told the House. It is in contradiction with the steadily progressing views expressed in different statements from the Secretary of State for Northern Ireland and the Justice Secretary, who said last night on “Newsnight” that there will be checks in both directions—from GB to Northern Ireland, and Northern Ireland to GB. The manifest confusion at the heart of government is compounded by the confusion for businesses in Northern Ireland—particularly small businesses—and the Northern Ireland civil service in planning for the long term. That is simply unacceptable. The Government were trying to ram the European Union (Withdrawal Agreement) Bill through the House in three days, but they themselves do not properly understand what they are doing. That is problematic, and we need absolute clarity.

While this is outside the Secretary of State’s immediate brief, there are other consequences. The House spent a long time arguing that there should be no hard border across the island of Ireland to prevent an impact on the nationalist community; we did not think we would now be talking about the impact on the Unionist community and political Unionism. The new Chief Constable of the Police Service of Northern Ireland said:

“whatever ends up as a Brexit deal, if there is one that could be perceived in a way that sort of threatens the security of the loyalist community...our concern is also the loyalist community has at times shown it can mobilise quickly, bring large numbers of people on to the streets and engage in public disorder in support of their cause.”

I hope that every Member takes that warning very seriously, because it is a profound warning from a senior and experienced police officer.

I know that the House and the hon. Gentleman take these issues very seriously. He raises some very legitimate points, which I will seek to address.

First and foremost was the hon. Gentleman’s concern about any hard border between Northern Ireland and Ireland. I am happy to give him assurances on that; it is a key part of what the Government have agreed. If he looks at the preamble to the Northern Ireland protocol, he will see clear commitments from the EU and the UK to the Belfast/Good Friday agreement. It states that

“nothing in this Protocol prevents the United Kingdom from ensuring unfettered market access for goods moving from Northern Ireland to the rest of the United Kingdom”.

The hon. Gentleman also raised a legitimate concern about the statement from the Chief Constable of the Police Service of Northern Ireland. The Government take it incredibly seriously, and the Secretary of State for Northern Ireland liaises closely with the Chief Constable and other senior officers. This is one reason why it is important to get the Executive back up and running, as I am sure the hon. Gentleman agrees. Part of the reason why the Government extended article 50, for which they were criticised at the time, was precisely that the previous Prime Minister took those concerns very seriously, and we have continued to work with the PSNI to address them. However, I remind the hon. Gentleman that one of the central concerns is the potential impact of no deal on the border, which is another reason it is important that the House comes together and agrees a deal, because that is the best way of safeguarding the Belfast/Good Friday agreement and addressing those concerns.

The hon. Gentleman asked about the comments of my right hon. Friend the Prime Minister. The Prime Minister was distinguishing between the paperwork required, which will be done digitally and is a single form, and the introduction of physical checks. In the coming months, we will work within the United Kingdom and with the European Union to discuss how to eliminate the limited administrative processes that there are. The hon. Gentleman will know that article 6 of the protocol requires further work through the Joint Committee to minimise any impact. That is an ongoing commitment.

The why is very clear—why a deal is important for the island of Ireland, and for Northern Ireland specifically—but may I say to the Secretary of State that that is not the case with the how and the what? Given the lack of absolute clarity from Ministers and indeed from HMRC, if the Government are serious about trying to sell this proposal to the communities of Northern Ireland, they are doomed to failure. May I urge that the Secretary of State, the Northern Ireland Secretary, the Prime Minister and the head of HMRC get together pretty quickly? In oral evidence yesterday, the Secretary of State for Northern Ireland referred to clauses of the Bill being brought forward. The communities need to see those in a timely fashion. We actually need to see draft documents about what these requirements would be. They are causing huge concern in Northern Ireland, and the Secretary of State will not be able to sell the deal unless within the next few days we have the clarity that will assuage very legitimate concerns.

Order. I accorded the hon. Gentleman some latitude in the light of his notable celebrity as the Chair of the Northern Ireland Affairs Committee, but a similar latitude cannot be widely extended. At this rate, lots of people will not get in, and it will be no good their whingeing about it—that is the reality.

My hon. Friend, as the Chair of the Northern Ireland Affairs Committee, raises an important point about what reassurance can be given through the withdrawal agreement Bill to colleagues across the House to address some of these issues. I stand ready to discuss that with him, as I have offered to do with the shadow spokesman and others in the House, subject to the withdrawal agreement Bill proceeding, during its passage.

I remind the Chair of the Select Committee—of course he is very aware of this—that operationally these are issues that apply at the end of the implementation period, not when the withdrawal agreement is ratified, so there will be time for much more consultation with businesses in Northern Ireland to address the very legitimate questions that have been raised. Although it sometimes feels a bit longer, it was only last Thursday that the agreement was reached with the EU, and of course there are questions about what are often quite complex and technical arrangements pertaining to customs. Those are legitimate questions, and I stand ready to discuss them with businesses in Northern Ireland and also with my hon. Friend.

The Prime Minister had one job—to sort the Northern Ireland backstop—and he has made a pig’s ear of it. He has taken the parts of the backstop that many of his own colleagues and many in the Unionist community in Northern Ireland found unacceptable and put them centre stage, and he claims that to be a success. I and my SNP colleagues welcome anything that gives Northern Ireland businesses free access to markets in the Republic of Ireland. What is not acceptable is that our businesses in Scotland are then put deliberately at a competitive disadvantage.

What is worse is that the Prime Minister has attempted to do this not only without the consent of Northern Ireland but, as is now clear, against the almost unanimous opposition of all the communities of Northern Ireland, without any prior consultation even with the businesses that will have to live with the consequences of what he has done. Can the Secretary of State confirm reports that he has said that even people in Northern Ireland selling stuff on eBay to Great Britain will have to complete customs declarations? Did he say that or was he wrongly quoted in the Irish press?

Can the Secretary of State explain why it is a good idea for Northern Ireland to have closer customs links and trade links with the Republic of Ireland, but it is a bad idea for Scotland, Wales and England to have the same links? Can he tell us what assessment he or anyone in government has made about the economic impact on businesses in other parts of the United Kingdom, which will be left at a disadvantage compared with those in Northern Ireland? Finally, given that, in the view of Unionist politicians on both sides of the House, the deal potentially undermines the long-term future of Northern Ireland in the United Kingdom, if the Prime Minister is prepared to play fast and loose with one of the founding principles of his party, why should anyone trust the reassurances he gives us on an NHS about which he quite clearly could not care less?

The hon. Gentleman asks some legitimate questions, but I think he finished with an unfair suggestion. The Prime Minister was always told that he would not be able to renegotiate a deal or replace the backstop and that he could not change a word of the withdrawal agreement, but he achieved those things and deserves to be commended for doing so.

The hon. Gentleman started by saying that the Prime Minister had one job, but when Members passed the Benn legislation, many of them were saying that the Prime Minister’s job was avoiding no deal. By voting against the withdrawal agreement and the programme motion, the hon. Gentleman has made no deal much more likely.

The clear message that I get from businesses in Scotland —certainly those that I speak to, alongside my hon. Friends—is that they want the clarity and certainty of a deal, and to move forward. They want one step of changes through the implementation period, not two. That is why so many businesses across Scotland want us to get on with this. Fishing communities in particular want us to take control of our independent coastal waters once again.

When the hon. Gentleman referred to eBay, I was not sure whether he was talking about my comments or those of another Secretary of State, but if he was asking whether I have commented on that issue, no, I have not. Another Cabinet member might have made such comments, and I will be happy to clarify that. The impact of no deal, and the ongoing uncertainty of not resolving this issue, is clearly having a negative impact on business. Even business leaders who supported the remain campaign, such as Sir Stuart Rose, are now saying, “Let’s get this done. Let’s get Brexit done. Let’s get on to the future trade agreement and move the country forward.” I hope that the hon. Gentleman will think again and enable the programme motion to go through.

Order. I call the author of the brevity textbook, Sir Desmond Swayne.

What proportion of goods from non-EU countries are currently subject to physical checks on entering the UK and the Republic of Ireland?

It is 1% from the rest of the world.

Let us get this into perspective: Northern Ireland to Great Britain trade is worth £14 billion a year; trade from Northern Ireland to the European Union, including the Irish Republic, is £4.8 billion; and those figures are replicated the other way. Our trade with the rest of the UK is absolutely the most important by a long way. We need to avoid checks, and there will be checks, because we are going to have export declarations for trade from Northern Ireland to Great Britain. The Secretary of State now calls them “administrative processes”, but they are exit declarations that have to be checked. From Great Britain to Northern Ireland, there will be customs declarations, physical checks, tariffs on goods going to the European Union and entry summary declarations.

The Government’s own impact assessment states that there is the potential of

“reduced trade, business investment and consumer spending”

in Northern Ireland and that small businesses will be hit disproportionately. Let us have a bit of clarity and honesty in this House! The fact of the matter is that this will adversely affect the most important trade that we have in Northern Ireland—that is the point we have always made. No checks along the Irish land border, yes, but we cannot then have those checks in the Irish sea.

Please will the Secretary of State take seriously the point that the shadow Secretary of State made and the Chief Constable made today? You are in danger of causing real problems with the Belfast agreement, the St Andrews agreement, and the political institutions and political stability in Northern Ireland by what you are doing to the Unionist community. Please wake up and realise what is happening here. We need to get our heads together and look at a way forward that can solve this problem. Don’t plough ahead regardless, I urge you.

I do take seriously the concerns raised by the right hon. Gentleman. Like the Secretary of State for Northern Ireland and indeed my right hon. Friend the Prime Minister, I stand ready to work with him to address those concerns. We are absolutely explicit in standing by the commitments of this Government, and there is a cross-party commitment to the Belfast/Good Friday agreement. The Northern Ireland protocol makes that explicit within the terms of the international agreement.

I absolutely accept the right hon. Gentleman’s point: the flow of trade from Northern Ireland to GB is three or four times more than the flow from Northern Ireland to Ireland. That is why the text makes it clear that there will be unfettered access. We need to work with him, where there are concerns, as reflected by the Chair of the Select Committee, to allay those concerns. Indeed, the text enables us to do so. Again, these are not issues that start on 1 November; these are issues that apply at the end of the application period. Even before we get into the actual articles, the preamble says:

“the application of the protocol should impact as little as possible on the everyday life of communities both in Ireland and Northern Ireland”.

So that is a commitment on both sides. We will work with him and with the Joint Committee on that. He well knows of our unique circumstances and that is why a unique solution is required, but I stand ready, as does the Prime Minister and the Secretary of State, to work with him to address the concerns he raises.

I have listened very carefully to these exchanges. May I perhaps suggest to the Secretary of State that there is a solution here that requires Ministers getting a grip of officials? The starting point is that we want unfettered access. We only have to apply controls in strictly limited circumstances, so why do we not start with not having any businesses having to fill in forms and only having a requirement on businesses that present a risk of not complying with those strictly limited international obligations? That might well go some way to allaying the fears of our confidence and supply partners. I remind him—he does not need reminding as an experienced former Whip—that, if we had them with us, today we would be completing consideration of the Bill and be on track to leave the European Union next Thursday, and we are not.

My right hon. Friend is right; as a former Whip, I do not need reminding of the importance of that, not least as he was my Government Chief Whip during my time in the Whips Office. Let me be clear. Officials across Whitehall, in getting the deal against a very tight timescale, worked phenomenally hard; they got it through by last Thursday. I wish to be clear and express the Government’s gratitude for the work that many officials did against very tight timescales, working with Taskforce 50 to get that deal through.

My right hon. Friend is right that we need to be clear about the impact of the administrative processes. In my response a moment ago, I alluded to the commitment that applies to the Joint Committee to mitigate those impacts. He will be aware that there are already processes around the transportation of goods—with ferries, dangerous goods obviously go on top of the deck—but we will work with hauliers to minimise any administrative processes. As I say, we will work with Members to do so.

Under the agreement, if a Northern Ireland fishing vessel leaves a Northern Ireland port and returns to a Northern Ireland port with its catch, could tariffs apply at that point to the fish the vessel has caught if there is a risk that some of the catch might enter the European Union?