Jim Allister

Much of this Bill does not apply to my constituents, because in the main it does not apply to Northern Ireland. However, there is a key component of the Bill that is supposed to apply to Northern Ireland, because the extent clause says that part 4 applies—that is the part of the Bill that deals with the very important issue of deporting foreign criminals. My question to this House tonight is whether it will, in fact, apply to Northern Ireland. Yes, this is said to be the sovereign Parliament of the United Kingdom. It is therefore said that when this Parliament decides something, it is decided; when it applies a law to citizens of the United Kingdom, that is the end of the story. Sadly, though, I know—and this House needs to know, and needs to act upon that knowledge—that three times, this House has passed Bills that it said applied to the whole United Kingdom, and three times, the courts in this land overruled Parliament and disapplied parts of those Bills from applying to my constituents and my part of the United Kingdom. Those were the Rwanda Act, the Illegal Migration Act 2023, and the soon-to-be-defunct legacy Act. How can it be that this sovereign Parliament decides that it is legislating on issues affecting constituents across this United Kingdom and passing laws that it says applies to them all, but it turns out that they do not? The answer, sadly, is article 2 of the Windsor framework, because article 2 purports to trump this sovereign Parliament. In respect of Northern Ireland, it says that where there are EU laws—laws not made by this House, but in a foreign jurisdiction; laws that we do not make and cannot change—that bestow on citizens or those in Northern Ireland rights that are different from those in the rest of the United Kingdom, those rights will trump this sovereign Parliament. That is a frightening reality that this House has been running away from ever since it agreed to the withdrawal agreement and the protocol that is now called the Windsor framework. It comprises a fundamental assault upon not just the sovereignty of this House, but the legitimate expectations of my constituents that they will be subject to the equal citizenship that is supposed to come from being a part of this United Kingdom. Paragraph 1 of article 2 of the Windsor framework states that protections “enshrined in the provisions of Union law”— that is European Union law—are “listed in Annex 1”. Many of those provisions are about rights.