UK will legislate on North protocol if negotiations fail, new Northern Secretary says

Britain’s new Northern Secretary has stressed his government’s commitment to a “negotiated solution” with the EU over the Northern Ireland protocol during his first Northern Ireland question time in his new role.

Speaking in the House of Commons on Wednesday morning, Chris Heaton-Harris repeatedly emphasised the UK’s preference was to resolve the issues through negotiation but added that if this was not forthcoming, “we will legislate”.

Mr Heaton-Harris, a former foreign office minister, said that when he had left the department in February “I thought ... there was a fairly obvious landing zone for the negotiations, and I very much hope and believe that is the case today.

“I think everything can be sorted out by negotiations, but we do have legislation which we will use if not.”

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[ Staunch Brexiteer Chris Heaton-Harris appointed as Northern Ireland Secretary ]

The Northern Ireland Protocol Bill, which was introduced in Parliament earlier this year, will give the UK the power to unilaterally disapply parts of the protocol, the agreement that governs post-Brexit trading and regulatory arrangements between Northern Ireland and the EU.

Northern Ireland has been without a devolved government since the Assembly elections in May, when the DUP — which is opposed to the protocol — refused to re-enter Stormont until the issues are resolved to its satisfaction.

During Northern Ireland questions Mr Heaton-Harris also stressed the UK government’s commitment to the restoration of the Assembly and said he would “urge” the leaders of the North’s main political parties to “form an Executive as soon as possible”.

“I know the House shares my view that Northern Ireland needs a stable, fully functioning, devolved government to deliver on the issues that matter to people most.”

[ Liz Truss’s tired market mantras mask plans for a remarkable state intervention ]

Mr Heaton-Harris was challenged by DUP MP Sammy Wilson to “do what is necessary to get Stormont restored, namely removing the poison of the protocol” and by other MPs who questioned whether he would work with all political parties.

“I will work with everybody to try and get those problems solved,” he said and urged the DUP to “form an Executive because I do think the best way forward for Northern Ireland is for it to have a functioning Executive in the future”.

Mr Heaton-Harris is due in Northern Ireland for his first meetings with political leaders this week.

In a social media post on Wednesday, Sinn Féin’s deputy leader and Northern Ireland’s First Minister-designate, Michelle O’Neill, said she was to meet the Northern Secretary on Thursday and would “make it clear that his first priority must be getting an Executive up and running.

“Workers, families and small businesses need our help now,” she said. “There can be no more delays.”

[ New British prime minister Liz Truss makes sweeping changes to government ]

Taoiseach Micheál Martin told reporters he looks forward to being in a position to talk to Ms Truss “within the next day or two”. He added: “I take heart from the prime minister’s comments that her preferred approach to the protocol issues is to have it resolved by negotiation.”

Mr Martin added: “I look forward to talking to the British prime minister to put our own ideas and particularly to make it very clear that we believe there is a pathway to a resolution of the protocol issues.

“We accept that there has been legitimate issues raised in terms of the operation of the protocol.

“We also believe that the protocol has operated well for different sectors of the Northern Ireland economy, particularly manufacturing and agriculture.

“There are certain issues around consumer to consumer sector.”

Mr Martin said: “We believe with goodwill, the European Union is ready to be flexible and responsive.

“And if the European Union and the United Kingdom can engage in a process we believe there’s a pathway to resolving that particular issue.”

The Taoiseach also welcomed the discussion US President Joe Biden had with Ms Truss on protecting the Belfast Agreement and the importance of reaching a negotiated agreement on the Northern Ireland protocol.

He said: “I do welcome the consistent interest of the US president in supporting the Good Friday Agreement”.

Minister for Foreign Affairs, Simon Coveney, who spoke to Mr Heaton-Harris on Wednesday, said in a social media post they had a “good initial conversation” and he was “looking forward to meeting in the coming weeks. “A lot of work to do together,” he said.

Mr Heaton-Harris was also repeatedly asked by MPs to outline how he would ensure people in Northern Ireland would receive help with their energy bills.

Prime minister Liz Truss is expected to outline measures to limit energy costs for consumers on Thursday, but it is unclear how this will apply in Northern Ireland, which has a different energy market and lacks an Executive to distribute any additional funds that may be allocated through the “Barnett consequentials” process.

The Barnett formula is the way the UK government ensures that a share of additional funding — allocated only to England — is provided fairly to Northern Ireland, Scotland, and Wales.

Northern Ireland Office

A second prominent pro-Brexit MP, Steve Baker was appointed to the Northern Ireland Office (NIO) on Wednesday as Ms Truss, continued her Cabinet reshuffle after taking office. He replaces Conor Burns as Minister of State at the NIO.

Like the new Northern Secretary, Chris Heaton-Harris, Mr Baker – the MP for Wycombe - is a former chair of the staunchly Eurosceptic European Research Group (ERG) of the Conservative Party.

His appointment was strongly condemned by the SDLP MP Claire Hanna, who criticised the “obnoxious” decision which she said raised serious questions about the policy direction of the Truss administration in Northern Ireland.

“The appointment of another hard-line Eurosceptic to a senior position in the Northern Ireland Office is a red flag when issues related to the Protocol remain politically sensitive,” she said.

“Liz Truss has an opportunity to make the case for a negotiated resolution with the European Union in the interests of people across these islands.

“These appointments seem in stark contrast to that objective,” she said, adding that Mr Baker’s new role would “send a destructive message to the European Commission and to parties in Northern Ireland.

“Liz Truss could have taken the opportunity to build bridges and make allies in the early days of her premiership,” she said.

“Instead she seems to be continuing down the diplomatically ignorant route of her predecessor.”