Jim Allister
MP for North Antrim · Traditional Unionist Voice · United Kingdom
“Once more a Committee—and therefore this Parliament—has been asked to approve a regulation that has the effect of departing Northern Ireland from the UK legal framework governing the subject matter.”
“In fact, batteries made to United Kingdom standards will become illegal in a part of this United Kingdom, to the extent that a criminal sanction of imprisonment could be imposed for using a battery that meets UK standards.”
“It requires that in developing any regulations, these draft regulations included, the Government should have special regard to “the need to maintain Northern Ireland’s integral place in the…internal market”. They are not maintaining an integral place if they are applying different rules—foreign rules—to a part of the United Kingdom.”
“Ministers from the Northern Ireland Office talk rather glibly about these matters, but the lived reality of the supply chain is very different: a full international customs border that is now inflicting damage on the import of steel; tightening import control system 2 checks; a parcels border; a plants border; and £192 million spent on bu…”
“I certainly recognise that, once again, Northern Ireland is being used in the reset as a cover to realign the whole United Kingdom with the EU. That, of course, is the gameplan of this Government, and this is but a small example of how they are going to deploy it.”
“You subject yourself to a similar disenfranchisement of your own electorate so that they do not elect the people who make the laws that govern them.’” That will be the ultimate outcome.”
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“Our procurement must be assertive and bold. There are the social value tools to make our procurement effective in assisting the production of home-made buses. We should be unashamed to do as other countries do when it comes to productivity. I hope that one outcome of this debate will be that those in a position to order buses reflect on where they order them from, and that we will see an interest in and accentuation of orders from within our United Kingdom. We have the means. We have the product. Let us build on it and make it even greater. Finally, I want to raise a particular problem with production and exports in Northern Ireland. Sadly, under the Brexit arrangement, we are still under EU state aid rules. We see that in clauses 13 to 15 of the Finance (No.”
“Indeed, and the Chancellor is on record as saying that “where things are made, and who makes them, matters.” —[ Official Report , 11 June 2025; Vol. 768, c. 979.] That is correct, and the Government need to get that message embedded in their soul. I want to speak directly to the mayor of this great city—our capital city. In recent times, 479 Chinese buses have been put on our streets, with another 160 to follow—that is China, with the kill switches. I ask the mayor and TfL: where is the national pride in our capital city if we arrive and discover that the bus we are likely to get on was made in China rather than the United Kingdom? Other mayors seem to have had the vision and the desire to promote British-made products. That desire needs to catch flame here in the capital city, and I trust that it will.”
“I would like to get a clear answer from the Minister, because frankly nothing is clear about the 104 pages of impenetrable prose that goes with the attempt to push this order on the British people.”
“We are signing a blank cheque in pursuit of realignment with the EU, whereby it is the EU benchmark that will in future dictate what the levels are. That seems to me to be the height of madness. I come now to my Northern Ireland-specific question. I assume I am right in thinking that emissions trading applies generally and therefore obviously includes electricity. If that is right, considering that Northern Ireland is, sadly, in a different emissions trading scheme in regard to electricity, how will the regulations apply, if at all, to electricity in Northern Ireland? Will the Minister please explain that? What are the consequences if the draft order does not apply, or if it does apply to a region whose electricity production is under a different ET scheme? That is a practical question.”
“What is abundantly clear is that, in liquidating the free allowances, the Government are saying—although it is sure to be hidden in verbosity, the impenetrable wording of this document—is that, de facto, the costs are going to be passed to the consumer. We all know, as has been said already in this debate, that means that businesses will not be able to continue in many cases, or in some cases might move abroad—all the consequences that could flow from that. It is retrograde, not progressive in any sense. My next point is that within the draft order, it seems to me—the Minister will correct me if I am wrong—that the ultimate destination is to attach ourselves to the EU benchmark without knowing what the EU benchmark will be, without ever being able to have an influence on what it should be.”
“I will make some general points and then ask a Northern Ireland-specific question of the Minister. I really am amazed that in a debate where the starting point is that free allowances are to be removed, there is any serious dispute about the contention that an inevitable consequence of that is a rise in cost. One inevitably follows the other. If we take away something that is free to business and impose a charge, inevitably there will be something to pass on, which will be passed on to consumers. Indeed, the hon. Member for North Somerset (Sadik Al-Hassan) referred to paragraph 18.8 of the impact assessment, trying to make something out of the fact that the word “can” is used in the context of price increases, but he did not read on, because it continues— “enabling substantial price pass-through.” To whom? To the consumers.”
“I hold in my hand the explanatory notes that accompany the Bill. There are extensive sections on historical background and legal background. Nowhere within those sections is there any reference to the 1966 treaty. Why is that? I have two specific questions for the Minister. First, does he accept that the 1966 treaty—or notes, as he calls it—is extant? Secondly, is it capable of being altered unilaterally?”
“The Home Secretary has been reasonably clear today that the National Police Service would be UK-wide, dealing with counter-terrorism, organised crime and fraud, but she then said that there could be an opt-out—or maybe it is an opt-in—in respect of regions like Northern Ireland. Will she explain that? Who would exercise that opt-out? Would it be the Police Service of Northern Ireland? Would it be the Northern Ireland Executive? Where would that leave us in respect of the National Crime Agency, which is ultimately to be absorbed into this National Police Service? Could it continue to exist in Northern Ireland if there was not the opt-in, which would be essential?”
“Just on devolved issues, will the Secretary of State explain why the armed forces covenant is being extended to local authorities everywhere except Northern Ireland? Why are the councils in Northern Ireland not also included in the Bill? Why are they excluded?”
“Are the Government running scared of offending Sinn Féin with the armed forces covenant, remembering of course, that Sinn Féin is the party of the IRA and those who took out so many of our gallant citizens and servicemen in Northern Ireland?”
“Within the Bill, there is a notable and deliberate exception, which is the 11 local councils in Northern Ireland. Clause 2 sets forth what a “local authority” means. For England it is county councils, district councils, boroughs and so on. For Wales it is “the council of a county or county borough”, and for Scotland it is “a council constituted under…the Local Government etc. (Scotland) Act 1994.” For Northern Ireland the Bill states: “In relation to Northern Ireland, the Northern Ireland Housing Executive.” Where are the 11 district councils of Northern Ireland, and why are they excluded from the ambit of the Bill? Why is the armed forces covenant not to be applied to them? Is it because some of those councils, unhappily, are dominated by Sinn Féin?”
“Let me begin by associating myself with the remarks of several hon. Members in repudiating the outrageous slur on our armed forces by the President of the United States in respect of service in Afghanistan. Our soldiers were not shirkers, they were heroes. One of them was young Private Phillip Gillespie from Galgorm in my constituency, who for his service lost a leg and is permanently disabled as a result. He typifies many who gave so much in that regard. Most of my remarks will relate to the armed forces covenant. I have heard it said more than once in this debate that the Labour party’s manifesto pledged that the armed forces covenant would be applied to every area of government. It is a good pledge, but sadly the Bill does not deliver it.”
“We are in a bizarre situation in Northern Ireland because of the implication of EU regulations, including those concerning ozone-depleting substances. Believe it or not, that means that Chinook, Dakota and Merlin helicopters, and many more, might land in Northern Ireland, but they cannot be based in Northern Ireland because it offends an obscure EU law—that is what happens when you hand away the sovereignty over part of your own territory. I say to the Secretary of State that it is time that was rectified as well. Maybe that is why our military presence is fast diminishing. A recent answer to me showed that there were five Royal Navy personnel, 70 RAF personnel and only 1,230 Army personnel stationed in Northern Ireland. Why? We were meant to go back to peacetime levels under the Belfast agreement, but we have not.”
“I turn to homelessness, and there is a section on “Homelessness in Wales”, and “Homelessness in Scotland”, but nothing on Northern Ireland. There is “Resettlement in Scotland” —all that is there, underscoring that the armed forces covenant has not been adequately applied in my part of the United Kingdom. And now the Government are exempting the whole level of local government from the implementation of the covenant. That is not just disturbing—it is quite appalling. Why should a veteran who lives in my constituency not have the same protections, opportunities and guarantees as a veteran who lives in the constituency of any Member from Great Britain? There can be no justification for that, and yet that is the import of the Bill. I trust that the Government will make good that default and will ensure that that loophole is closed.”
“Not all councils, happily, are controlled by Sinn Féin. There are 11 councils, many of which are not. Perhaps through the First Minister’s office—I do not know, but perhaps at its behest—the councils have been excluded. I am disappointed that the Government’s manifesto has been disapplied when it comes to Northern Ireland, where the covenant has been abysmally implemented. I turn to the “Armed Forces Covenant annual report 2025” and go to almost any page. I read: “Healthcare services for veterans in England” or “in Wales” or “in Scotland”, but nothing for Northern Ireland. I go to education and read about the “service pupil premium in England” or the Welsh Government education service for children. But there is nothing for Northern Ireland.”
“The Secretary of State needs to go back to what the High Court judgment said in the Dillon case. If he looks at paragraph 710, he will see that the basis of ruling that immunity was unlawful was not just in respect of the ECHR, but also in respect of article 2 of the Windsor framework. That aspect, which is wholly intertwined with this question, is the subject of an appeal presently before the High Court. How can it be that a challenge that caused the High Court to decree that something was non-applicable was based upon the applicability of article 2 of the Windsor framework, and there is an appeal on that point? How is that not something that rules this order out under section 10?”
“May I refer the Secretary of State to what paragraph 710(ii) of the Dillon judgment says? It says: “Pursuant to section 7A of the EU (Withdrawal) Act 2018 article 2 of the Ireland/Northern Ireland Protocol/Windsor Framework has primacy over these provisions thereby rendering them of no force and effect. These provisions should therefore be disapplied”, because of article 2. Article 2 is before the Supreme Court, so it is inextricably linked to section 10.”
“It is the issue of whether article 2 of the Windsor framework, which, as I demonstrated in my interventions, was used by the court to require the provisions to be disapplied, was a valid basis for disapplication. That is a live issue, therefore there is no legal justification—quite the reverse—for this remedial order, which drives us to the conclusion that it is for the reason that I have said.”
“The answer is the one that I have given: to appease the Dublin Government. Indeed, the Secretary of State came pretty close to confirming that when he said in this House this afternoon that if and when the remedial order goes through, it is his view that there would be no basis upon which to continue the Republic of Ireland’s action. That is the problem. We have a Secretary of State who is genuflecting to the Dublin Government. That is the feeling of innocent victims in our country. They are forgotten, but worse than that, they are way down the queue when it comes to a Government that are interested primarily in facilitating those who give shelter to their killers. There is no legal justification for this. It is quite clear under section 10 of the Human Rights Act that there is a live issue before a live case in the Supreme Court.”
“Dress it up as he will, the Secretary of State’s remedial order is motivated by one thing and one thing only: appeasing the Government of the Irish Republic, who want to drag this United Kingdom before the Bar of the European Court of Human Rights. That is what this remedial order is about. This remedial order is not about ceasing to implement laws with which the Government disagree, because those aspects of the legacy Act have already been removed from effectiveness. Just look at paragraph 6.7 of the explanatory memorandum to the remedial order: “Although the provisions declared incompatible with the ECHR by the High Court in Northern Ireland have also been disapplied”— they are gone!— “the Government considers it important to remove all these provisions from the statute book swiftly.” Why?”
“On the first Sunday of this year, I stood with the families of the innocent victims of the Kingsmill massacre as they marked 50 years since that horrendous event. It would have been fitting if the Secretary of State had been there —he was not. Last Sunday there was another commemoration, to mark the equally horrendous sectarian murder of more Protestant workmen at Teebane. The common denominator of victims and families such as those is that they not just feel but know that they are the forgotten ones. They know that they are not the priority of this Government, and they know that it is the country that gives shelter to the murderers of their loved ones that is the priority of this Government.”
“Is not the plain truth that this was a predetermined political decision from the moment that the political decision was taken to call it in, when the Government were faced with due process because the council had refused the planning application? After all that has gone on, does this not simply bring the whole planning process into disrepute? London’s Labour group has condemned the decision, so is not one of its members right when he says: “wrong embassy, in the wrong place, at the wrong time”?”
“The Minister’s gymnastics have been equally on display when it comes to dealing with his party’s manifesto. Contrary to what he says, it is very clear that when the manifesto declares that Labour will always “defend… sovereignty and right to self-determination”, it is referring not only to Gibraltar and the Falklands, but to all British overseas territories and Crown dependencies. It says “including the Falklands and Gibraltar”, but not “exclusively the Falklands and Gibraltar”.”
“If it were possible, one could almost feel sorry for the Minister. This is the Minister who, during previous stages of the Bill, batted away every criticism by telling us, “Oh, but the Americans support this deal.” He gleefully told us that they were our strongest and most important ally, and if they were enthusiastic and supportive of the Bill, what was the problem? Today, the emperor has no clothes. The President of the United States has talked about the great stupidity of this deal. He describes a country giving away its own sovereignty as “an act of GREAT STUPIDITY”. Today the Minister has been forced into some indelicate gymnastics, as he tries to deal with the fact that the peg on which he hung all his defences has snapped out of place.”
“I do not think that there is time for the hon. Member to remedy his speech at this stage. The Minister is hoisted on the petard of his own manifesto, of which he is in blatant breach. He can hardly look the people of the Chagos islands in the eye, as he denies them what his manifesto promised them. They are the people who are hurting here. They are at the heart of this. They have not been treated well over decades by this nation, and now we are betraying them by denying them the right to any determination of their future. That is shameful. It is something that this House should be running away from, rather than embracing. I say to the Government: it is not too late to do the right thing. It is time they did, and I trust that they will.”
“I absolutely agree with the sanctity of territorial integrity and how fundamental it is to sovereignty. Indeed, those principles provide a powerful basis to challenge the US’s posturing. I do not at all dissent from the Foreign Secretary’s statement. However, I am intrigued as to how this Government are properly so exercised about America’s disrespect for the territorial integrity of Greenland, but so disinterested about the disrespect of the territorial integrity of our own country, whereby the European Union imposes its laws, as on a colony, in 300 areas of law on a part of the United Kingdom and insists on an international customs border to partition this United Kingdom. Now that the Government have got hold of the importance of territorial integrity, can we look forward to their reasserting it in respect of our own country?”
“The hon. Member very piously tells us what would offend her, but of course it did not offend her in December 2024 to be a cheerleader for the Secretary of State railroading through a protocol that treats Northern Ireland as a colony of the EU, and to continue support without cross-community consent on a basis of majoritarianism. There is quite a gaping void between what she is saying today and what her party did in December 2024.”
“Day and daily in Northern Ireland, we hear very clearly from the so-called First Minister that everything they are doing and everything they are working towards is about getting a referendum to destroy the United Kingdom and take Northern Ireland out of the United Kingdom. If we create a system where those with that motivation, who have no desire to make Northern Ireland work, must be at the heart of government, and we cannot have a Government without them, it should not be a surprise that the system fails. It is not rocket science.”
“If the only form of devolution we can have is one based on the prerequisite that a party that does not even want Northern Ireland to exist, never mind succeed, must be at the heart of the Executive, it should not be a surprise to anyone that that Executive stumbles and fails. You cannot say, “We will make a success of Northern Ireland, yet we need an all-Ireland.” The very raison d’être of Sinn Féin is, first, not to believe that Northern Ireland should even exist and, secondly, to ensure that it is not a success. There is no better place from which to make sure it is not a success than from the inside of Government. That is the fundamental reality.”
“It is a pleasure to serve under your chairmanship, Ms Vaz. I commend the hon. Member for Lagan Valley (Sorcha Eastwood) for securing this debate. That is probably where the consensus largely ends, although I suppose I could agree with her—indeed, I would put it much more robustly—that our system of government at Stormont has lamentably and demonstrably failed. The Executive eventually scraped together what passes for a programme for government; they now cannot agree a budget, and we have individual Ministers locked in litigation, one with the other. Of course, all that is against the background of the Executive almost more often being down than up. The elephant in the room, to which no one has been prepared to refer, is this question: why is this system of government not working? It is very simple.”
“People just roll their eyes and laugh at the very thought of good government coming from there. We are only going to take politics further down the longer we cling to a system that is lamentably and totally failing. Let us get some new thought, which needs to be focused on getting an Executive system that can work. It does not need to be perfect, but I want to be very plain: flawed British rule, subject to the restraints of Stormont, would be preferable to destructive, malevolent Sinn Féin rule.”
“If we are to get government that works, we have to face the reality that the current system is incapable of working. It will never work, because of the fundamental flaw that at its heart is a party that thinks that Northern Ireland should not even exist, never mind succeed. We have to circumvent that. If we cannot have an Executive that allows those who want Northern Ireland to work to govern, Executive powers must be vested where they will not be subject to that restraint and that flaw. We should keep the part of devolution that is working. If we ever come to the point at which we are capable of forming a workable Executive, we should restore it, but we cannot go on as we are, limping from one crisis to another. Stormont is now a byword for failure in Northern Ireland.”
“If the only type of Executive that can be formed has at its heart a party that wants Northern Ireland to fail, the obvious answer is not to have an Executive of that type. We should sustain the legislative devolution and the scrutiny and pass the Executive powers to the central Government, but we should make their Ministers pass their legislation through the Assembly and make their Ministers’ actions subject to the scrutiny of the Assembly. Indeed, it would be far more vigorous scrutiny than at present, because at the moment the scrutineers who sit in the Assembly Committees scrutinising Ministers are members of the same parties that they are scrutinising. If Assembly Members were scrutinising Ministers from the Northern Ireland Office, it would be a lot more vigorous, I assure you.”
“If the hon. Member had been listening more carefully, she would have understood why it is failing. It is failing because at its heart is a party that does not want Northern Ireland to succeed and, if it has the levers of power, will never permit it to succeed. That is the fundamental point. What do we do? It is quite clear to me that the Executive is the failing side of devolution in Northern Ireland. It is the Executive that has collapsed multiple times. We need to distinguish the various strands of devolution. We have the Executive devolution, we have legislative devolution, and I suppose we have the scrutiny side of devolution. The latter two have actually worked, within limits, relatively well. The lamentable failure is on the side of the Executive.”
“On the childcare point, the childcare money was Barnett consequential. It was of the order of £50 million, but Stormont chose to spend only £25 million of it on childcare, so in fact under devolution we saw a diminution in what was available for childcare.”
“The Minister has talked several times about consensus. Can he therefore explain why, when given the opportunity to live by the fundamental principles of the Belfast agreement and cross-community consent, his party eschewed and dismantled that when it came to this question: should people in Northern Ireland, for the next four years, be subject to laws in 300 areas that they do not make and cannot change, and which are imposed on them by the EU treating Northern Ireland as a colony? Why did consensus not matter then?”
“Why are this Government so evidently in awe of the Chinese Government and their requirements? Is one of those requirements that this mega-embassy be approved before the Prime Minister visits Beijing?”
“They cannot simply sit back and wait for the Treasury to increase its tax take because land values rise and the value of the £2.5 million diminishes every time that happens. If it is only a tactical move to buy time, then time is on their side, because in due course this will fritter away to the point where it is of very little value indeed. My plea tonight is for the Government to demonstrate that they have genuinely realised the need to protect farming families by committing to index-linking this concession. Without that, it will diminish very severely with time, and surely those who feed us and keep bread on our tables are the people this Government should be thinking about. They are not thinking about them if they insist on a de minimis threshold that will dimmish almost out of sight as time goes forward.”
“This is a diminishing win—a win secured by our farming communities through their determined campaigning, but a win that will melt away as each year goes by. Take my part of the United Kingdom: Northern Ireland. In the past five years, land values have increased by 40%. If that trajectory continues for the next five years, in today’s terms the threshold will be worth only £1.5 million. It will lose 40% off its value. Unless the Government are willing to face up to the need to index-link the threshold, the bona fides of their conversion on this issue is very suspect indeed. If they have genuinely realised that £1 million was wholly inadequate and £2.5 million as a minimum was necessary, they need to sustain that value going forward. That is the real test of the bona fides of this Government on this issue.”
“I rise to speak to clause 62 and schedule 12. I certainly welcome the fact that, though belatedly, the Government did get to the point of climbing down on the £1 million threshold. They should have gone much further: this tax should not exist at all. If there is to be such a tax, it should be at a viable threshold. The climbdown was not delivered with great grace; indeed, it followed a debate in this House in which the Minister doggedly defended the £1 million threshold, telling us it was fair and necessary—the very words that he uses now to defend the £2.5 million threshold. However, even though that was the manner of the delivery, the climbdown, so far as it goes, is welcome. We need to be aware of the limitations on how far this concession does go, as it will very swiftly be diminished with time because of the lack of indexation.”
“It is plain wrong to say that the survival of the Belfast agreement is dependent on the ECHR. Why is the Secretary of State so selective in his Belfast agreement allegiance? It was he who implemented the jettisoning of the agreement’s cornerstone of cross-community consent when he invited the Northern Ireland Assembly to continue the imposition of the Windsor framework without cross-community consent. Is it only nationalist consent that matters to him under the Belfast agreement?”
“It is the fact that they do not have the lived experience of 12 individuals who are making a decision about charges against an equal person. That is the genius of the jury system. Those 12 individuals come to the case without preconceptions and without the baggage of anything else, and when they hear the evidence—and the evidence only—they make their decision.”
“For me, the key question in this matter is this: what will be the impact on public confidence in our legal system? I will answer that question based on my professional life as a criminal barrister practising in our criminal courts. I shall also answer it from the perspective of someone who practised in Northern Ireland, where we had both jury trials and judge-alone trials, called Diplock courts. I have seen and operated both, and I know the public confidence level resulting from those respective types of trials. I have absolutely no doubt that the public have far more confidence in 12 peers making the decision than in a single judge making the decision. It is not that our judges are not intellectually adequate. It is not that they do not have massive legal experience.”
“In my experience, the loss of time and the delays in our courts come primarily from delays in providing disclosure and from witnesses not being available. None of that will change under this new system. What will change is the body blow to confidence in the judicial system and the legal process. For me, the Government lost this debate today when the bottom fell out of their case and the Minister had to say, effectively, that this was not about delay but about an ideology. It is an ideology that ill fits this House and an ideology that the House should most convincingly reject.”
“Indeed, and I would remind the House that, because of concerns about the Diplock courts in Northern Ireland, there was an automatic right of appeal, to try to build some confidence. That automatic right of appeal would not exist, in the main, in the proposals before us. We are told that this measure will save time. It will not save time. What time would we be saving—an hour to swear in a jury or maybe a day while a jury deliberates? As the hon. Member for Kingston upon Hull East (Karl Turner) pointed out, a judge who has to make a decision might do so there and then, but he would then have to go away and write it up. He would spend a lot longer writing it up, knowing that it might have to go through the fine-toothed comb of the Court of Appeal, than a jury would spend reaching a decision. There will be no time-saving.”
“I certainly welcome the increase in the threshold as far as it goes, and I commend the campaigning farmers who secured it. In explaining it today, the Minister said that the Government have “got the balance right”, but of course those are the very words that he used at the Dispatch Box and in Westminster Hall when defending the £1 million threshold, and each time he caused torment and anxiety to farming families. Is he sorry for the anxiety caused needlessly to those farmers?”
“Special forces operations inescapably involve split-second decisions and walk a very fine line. If those operatives perceive that the Government do not have their back, is the Minister seriously saying that will not have an adverse effect on morale or recruitment?”
“Most Members of this House will agree with the Government that there are no tears to be shed over the removal of the brutal regime in Venezuela, but my question for the Foreign Secretary is this: how does such a desirable outcome impact on the Government’s view of what is permissible within international law?”
“The Secretary of State does not need me to tell him that he and the Government are struggling to command veteran support for his Bill. In order to address that deficit of support, should he not consider an amendment to clause 3 to have the Veterans Commissioner for Northern Ireland serve on the legacy commission? Would that not be a token of making good on his affirmation that this is about capturing the confidence of veterans and not pursuing lawfare against them?”
“Has the Ministry of Justice had any contact with the Justice Minister in Northern Ireland in relation to the looming crisis in criminal justice arising from the fact that on 5 January the criminal barristers will go on strike because there has not been an uplift in legal aid rates since 2005? If contact is made, will the Justice Minister in Northern Ireland be asked why, given her statutory duty to review the rates, she paused the last review in 2022, and why the interim uplift that she announced last year has never been paid?”