It is a pleasure to serve under your chairmanship this afternoon on this very important Bill, Mrs Laing,
I am enormously grateful to the Members who put their names to my new clause 70. I am sorry that Democratic Unionist party Members did not find time to do so. I am sure they wanted to, but they have obviously been busy with other things, such as speaking to the Prime Minister. When, or if, I press my new clause to a vote this afternoon—I am clearly signalling to the Government and to you, Mrs Laing, that if I do not receive a satisfactory response from the Government, I intend to press it to a vote—it will be quite difficult, as I sit as an independent, to provide the Tellers. However, my hon. Friends—I call them friends—in the Scottish National party and the Labour party have kindly indicated that they will provide the Tellers.
I find myself in an extraordinarily difficult position. When I hear the Prime Minister and the Brexit Secretary repeat their commitment to the Good Friday agreement, as I often do, I welcome that enormously. However, I of course expected the Government to match their words, rhetoric and promises about the Good Friday agreement with actions. When I first collected my copy of the European Union (Withdrawal) Bill, I expected to see a commitment written in bold that the Good Friday
agreement—otherwise known as the Belfast agreement—would be protected, even though the UK is going to leave the European Union.
I have read the Bill very carefully. As right hon. and hon. Members will know, the Good Friday agreement or Belfast agreement was an international agreement between the Irish Government and the British Government. As an international agreement, it had to be incorporated in our domestic law, and that was done by the Northern Ireland Act 1998. The Good Friday agreement is absolutely fundamental. It has given us peace and stability for the past 20 years in Northern Ireland, and there can be no denying that. Unfortunately, the first mention of the Northern Ireland Act 1998, which incorporated the Good Friday agreement in our domestic law, is in clause 7. It is not at the beginning of clause 7 but in subsection (6), and it is not at the beginning of subsection (6) but in paragraph (f) at the end.
For the benefit of Members—including DUP Members, who have been busy doing other things, as I have said—let me take a moment to read out clause 7(6). Ministers will be given sweeping powers under clause 7 to do what they consider appropriate to prevent, remedy or mitigate deficiencies in retained EU law. The point I must emphasise to the Committee is that the sweeping powers provided in clauses 7 to 10 are replicated or duplicated in schedule 2 for the devolved authorities. The reference to the Northern Ireland Act 1998, which I struggled to find, is in clause 7(6). It states:
“regulations made under this section may not…amend or repeal the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 13(b) of Schedule 7 to this Act or are amending or repealing paragraph 38 of Schedule 3 to the Northern Ireland Act 1998 or any provision of that Act which modifies another enactment).”
I commend the legislative draftsmen and women, because I am sure it is technically correct, but what on earth does it mean? The legislation has to be clear to those people who read it who are not lawyers, and the vast majority of Members of this House are not lawyers. The language is not clear.
May I say to the Clerks of the House—the brilliant Clerks, who serve the House long hours into the night and with such enthusiasm—that I am enormously grateful to them for their patience personally with me and for their diligence and great wisdom in drafting new clause 70? The new clause puts in black and white a bold statement of the commitment to the Good Friday agreement and to the principles which I call in shorthand in the new clause “the Belfast principles”. Those are the principles enshrined in the Good Friday agreement.
For Northern Ireland Unionists, the Belfast principles include the constitutional guarantee, through the consent principle, that Northern Ireland remains part of the United Kingdom unless and until there is a border poll and the people of Northern Ireland, and only Northern Ireland, say otherwise. It is not in the gift of No. 10, thank goodness; it is not in the gift of Dublin; it is governed by the people of Northern Ireland in a border poll. The constitutional principle is guaranteed among the Belfast principles in the Good Friday agreement, as is the principle of mutual respect for all communities across Northern Ireland, who were so divided by the troubles—respect and equality, irrespective of how a person votes, their political opinion and views or their religion. Non-discrimination and equal respect for all is guaranteed in the Belfast agreement.
There are many other principles—I could go on—in that document, which is enormously important for people not just in Northern Ireland, but particularly in Northern Ireland. I stand here as a Unionist and I am proud to defend the Belfast agreement—the Good Friday agreement. I say that with great pride because I grew up, not in in some stately home but on a 50-acre farm west of the River Bann in County Tyrone, very close to what unfortunately became known as the “murder triangle” for the number of people, both Catholic and Protestant, who were murdered by the IRA and subsequently by loyalist paramilitaries as well. Our postman was murdered at the end of our lane. Many of our farming neighbours were attacked on their tractors, or went out to a shed and opened the door, and there was a booby trap that blew off their head or face. My late father made it to 92, but he had to attend innumerable funerals of our neighbours, both Catholic and Protestant.
There is no monopoly on pain and suffering—every single one of the DUP Members in this House, their families and neighbours, suffered as well—but likewise in County Tyrone in 1981, when we had a Conservative Government led by the late Margaret Thatcher, we had the hunger strikes, which unfortunately became the best recruiting agent the IRA did not have in 1981. Ten young men starved themselves to death—highly emotive within the Catholic community, the republican community, the nationalist community. They were the sons of neighbours of ours in County Tyrone. All communities suffered.
Many Members of this House will have no idea who Jack Hermon was, because they are all so young. My dear late husband, who died with Alzheimer’s nine years ago, was the longest serving Chief Constable of the Royal Ulster Constabulary. During the appalling terrorist campaign waged by the IRA and subsequently by the Provisional IRA, which morphed into something called the Real IRA, and by loyalists—do not forget the woe, the suffering, the grief that was caused by loyalist paramilitaries—he described his officers as extraordinary men and extraordinary men doing an extraordinary job, and they did. In Northern Ireland, with a population of 1.8 million, 302 RUC officers were murdered. That is an awful lot of dead police officers.
In the 10 years that Jack was Chief Constable, he had to attend almost 100 funerals, and that undoubtedly affected him, but I tell the House that when the Good Friday agreement was signed and I talked to him about the constitutional consequences of having Sinn Fein in the Executive, Jack listened to me patiently and then lifted one finger and said, “If it saves the life of one police officer, I’m voting for this.” Jack supported publicly the Good Friday agreement, the late Mo Mowlam and her efforts at that time.
The Good Friday agreement has brought all of us in Northern Ireland stability and peace, from which the whole of the UK has benefited, the Republic of Ireland has benefited, and—since we are talking about Brexit—the European Union has benefited. After all, the IRA placed bombs in Germany, Spain, Gibraltar and elsewhere. Underpinning the Good Friday agreement—the foundation for it—was the fact that the Republic of Ireland and the UK had joined the European Union on the same day, at the same time. It was the cornerstone, the foundation of the Good Friday agreement. Under the agreement,
those born in Northern Ireland could choose to identify themselves as British or Irish, or indeed both, but they also regarded themselves as Europeans.
The border became virtually invisible where once we had had watchtowers, murders, security checks and unapproved roads. The roads had been cratered, so that someone going to school on the other side of the border, or to a community hall, or church, or chapel, had to get out of their car and tiptoe around on the uncratered part of the road. Those roads have been filled in again. We have normality in Northern Ireland, we have peace, and we undoubtedly have people alive today who would not otherwise be alive.
Let me say ever so loudly and strongly to senior members of the Conservative party that I do not want to hear them or see them on television talking about pushing ahead and no deal—“Let’s just move on with no deal.” It is an absolute nonsense. It is so reckless and so dangerous. The Home Secretary stood here yesterday and made a statement about counter-terrorism. Dissident republicans are active. They are dangerous and ruthless—utterly ruthless. If I had a child or grandchild choosing a career—I have no grandchildren, by the way; I have two children, both of whom have chosen careers other than politics, sadly, because we need leadership in Northern Ireland and young people to come into politics—I would not encourage them to join the UK Border Force or Her Majesty’s Revenue and Customs in the event of no-deal Brexit, because inevitably we will have a hard border.
It must be a moral responsibility and duty on this Government to take care of all personnel, all officials, in HMRC, in the Police Service of Northern Ireland and in the UK Border Force. It is all very well and good to have talked about “taking back control” of our borders—that was a catchy refrain during the EU referendum—but I never could, and still cannot all these months later, get any clarity on how exactly we proposed to take back control. However, in the event of no deal, we would certainly face a hard border, and dissident republicans would regard Police Service of Northern Ireland and HMRC officers, and UK border officials, as legitimate targets. I do not want that on my conscience, and I do not believe for one moment that the Prime Minister or the Government want that either. I plead with senior Conservative party members to stop the nonsense of talking up no deal. The Home Secretary wisely described no deal as “unthinkable”, and it is. She may not be here, but I quote her anyway, because I agree with her and hold her in very high regard.
Why am I so committed to this issue? It is because half my life has been blighted by the troubles. I was not involved in politics when the Good Friday agreement was signed. I was not then a member of the Ulster Unionist party, of which David Trimble was leader. He and I had taught together in the law faculty of Queen’s University Belfast. If anybody cares to look, they will see that my specialism was EU law; that is another reason why I am so passionate about this subject. David Trimble, who was such a remarkable, courageous leader of the Ulster Unionist party, never quite liked or understood my interest in EU law, yet now he is in another place and is asked for his views on so much. He and I will never fall out, but we have always disagreed over the EU. My love for it continues.
I accept that Brexit will happen. We as the United Kingdom have to come out together, and the Prime Minister made that quite clear at Prime Minister’s questions today, but in doing so we cannot risk undermining all that has been gained through the Good Friday agreement—the lives that have been saved and the normality that we have had. That will carry on, but people in Northern Ireland are extremely nervous. There is one party, the Democratic Unionist party—and I am just describing, factually. DUP Members are colleagues and friends, though sometimes I wonder, given the tone of voice that they use towards me. Let us remember the history: a previous Conservative Government, led by Margaret Thatcher, caused such divisions, hurt, anger, rage and outrage in one part of the community in Northern Ireland—the republican nationalist community —and there was the way that the hunger strikes were handled. It is critical that the Conservative Government, who are supported by the DUP, bear in mind all the people of Northern Ireland, and that the DUP do not speak for or represent all of them.
1.30 pm