Debate contribution: Regulation (EU) 2023/2419: Applicability Motion

Debate contribution by Mr Jim Allister KC on 29 April 2024.

MLA

Mr Jim Allister KC

Party at the time

Traditional Unionist Voice

Date

29 April 2024

Type

Debate contribution

Business

Executive Committee Business

Heading

Regulation (EU) 2023/2419: Applicability Motion

Assembly identifier

Official Report component 4485850

Read the official Assembly record

Text

The primary focus of the debate to this point has been on the content of this EU law. I want to shift the focus to the much more important issue of the constitutional affront that the motion is. That constitutional affront can be summarised in this way: the motion amounts to an acknowledgement of and assent to the fact that, on what is patently a devolved issue — namely how we prepare animal foods — only the EU can now make those laws for us. The Assembly cannot legislate on the issue. The Westminster Parliament cannot legislate for this part of the United Kingdom on the issue. Only a foreign jurisdiction — the EU — can formulate and pass laws that touch on the issue. Of course, it is not just this issue; it is every issue that is recited, to the tune of hundreds of laws, in annex 2 of the protocol. Some do not want to face up to that constitutional affront. Some, of course, embrace it, because they want to see Northern Ireland being subjugated under the EU. Those who claim that they do not are not facing up to the situation in which a pretty mundane law can only ever now be made by a foreign Parliament. It cannot be made by the Parliament of the United Kingdom or the Northern Ireland Assembly; it can be made only by a foreign Parliament. The motion is well named as an "applicability motion" because, by our slavish acceptance of it, we assent to the applicability of the appalling and absurd situation in which only a foreign Parliament can legislate for this area of law in Northern Ireland. That is what the Assembly is being asked to assent to. That is so constitutionally absurd and such a constitutional affront that, frankly, I cannot and will not support it. Is it not the ultimate absurdity to be told in the debate by the DUP — the party that told us, in the words of Sammy Wilson:

"there should be no EU law applying to this part of the United Kingdom.",

which was repeated by the then leader Sir Jeffrey Donaldson and by multiple Members of the House — that EU law was a red line?

We were told that it should not be applied to this part of the United Kingdom as we are not part of the EU. Today, however, the DUP or, at least, the DUP Members who are here — there are some notable absentees — has come to the point of telling us that the only way to attain parity with Great Britain is to vote through this EU law. Think of it: the only way to get parity with Great Britain is to vote through an EU law, because that law just happens to bring the EU into line with Great Britain. It may well be sensible for the EU to reduce its unattainable 100%-organic requirement. It may well be sensible for it to come into line with the 95% requirement that prevails elsewhere, but, when it comes to Northern Ireland, it should be the Assembly or, at least, Parliament that makes that decision, not the foreign EU Parliament.

We have been told that there are "no downsides". Sorry, but there is a huge constitutional downside. Those who have rolled over and assent to that are showing their disregard for that constitutional affront and, of course, for what, we were told, was their unalterable position. They say, "If you don't vote for it, there will be divergence". No, there will not be. We know from the explanatory paper that the British Government will assent to it anyhow, but we will give them cover. What about tomorrow? What if GB decides, as part of further deregulation, to deregulate organic pet food to a standard below 95% and goes down to 90%? Remember, the British Government are conducting a review of all their legislation on organic products. No publication of that is expected until the end of 2025, but the legislation is subject to review. What then? What if GB goes to 90%? Hapless Northern Ireland, supposedly an integral part of the United Kingdom, remains trapped by the EU law and subject to the 95% delineation. There is no assurance of parity. The only assurance is of subservience to a foreign Parliament. Sadly, unsurprisingly for some but surprisingly for others, that is the position to which DUP Members and Ulster Unionist Members in the House have got themselves. They are embracing a situation in which, if any such product were to be produced in Northern Ireland, it would not be labelled as produce of Northern Ireland. Article 4 of the regulation makes it clear that it would have on it the EU logo and EU labelling, underscoring the fact that we are subservient to EU law. This is a situation in which Northern Ireland, part of the United Kingdom, is being subjected to colonial EU law, law that we did not make and cannot change but that today we are invited to endorse slavishly. We are asked to endorse colonial rule from the EU. It made the law. It is its law, not ours, and we cannot change it. Regardless of the merits or demerits of the content, it does not deserve democratic assent from anyone who holds to the fundamental democratic principle that, when you live in a place, you should be able to make your own laws, not be subjugated to the laws of a foreign power. I will not give my consent today. I was not sent here to consent to colonial EU rule, and I certainly will not consent to it. The DUP made that mistake on 8 December 2020, when they blindly and foolishly and in the face of warning embraced 45 EU laws, including the one that says you cannot bring British soil into British Ulster. They voted that onto the statute book. Sadly, today, we will have a repeat performance. One will be interested to see, if we get a vote, who does not vote for this. As I have pointed out, I noted some notable absentees from the divided DUP Benches. I wish they had the courage to vote against — stand up against — EU colonial law and the obscenity and affront that it imposes on a supposed democratic Assembly.

1,062 words. Text as published by the Northern Ireland Assembly.

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Assessed 21 October 2026 at 10:02 UTC by jev-1.13.0 (requested as typesafe/jev) under rubric 2026.10-r9, methodology 1.9.

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