Northern Ireland Protocol Bill

Baroness Laing of Elderslie Excerpts

Committee stage
Wednesday 20th July 2022 Commons Chamber

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

I beg to move amendment 38, page 7, line 27, leave out “the Minister considers appropriate” and insert “is necessary”.

This amendment changes the threshold for giving a Minister power to make regulations under this Clause. The threshold is amended to make it objective rather than subjective.

[The Chairman of Ways and Means (Dame Eleanor Laing)]

With this it will be convenient to discuss the following:

Clause stand part.

Amendment 39, in clause 14, page 8, line 22, leave out “the Minister considers appropriate” and insert “is necessary”.

This amendment changes the threshold for giving a Minister power to make regulations under this Clause. The threshold is amended to make it objective rather than subjective.

Clause 14 stand part.

Amendment 12, in clause 18, page 10, line 9, leave out subsection (1).

This amendment would remove the Minister’s power to engage in any conduct in relation to any matter dealt with in the Northern Ireland Protocol, not otherwise authorised by this Act, if the Minister considers it appropriate to do so.

Amendment 42, page 10, line 11, leave out

“the Minister of the Crown considers it appropriate”

and insert “it is necessary”.

This amendment changes the threshold for giving a Minister power to make regulations under this Clause. The threshold is amended to make it objective rather than subjective.

Amendment 48, page 10, line 12, after “this Act” insert

“and a motion approving the conduct has been passed by the Northern Ireland Assembly.”

This amendment would subject the exercise of the Minister’s power to engage in conduct in relation to any matter dealt with in the Northern Ireland Protocol that is not otherwise authorised by the Act to a motion approving the conduct in the Northern Ireland Assembly.

Amendment 49, page 10, line 15, at end insert—

“(3) Each Minister of the Crown must have due regard for the principle that the Belfast Agreement, including its subsequent implementation agreements and arrangements, should be protected in all its parts.”

This amendment is based on the fourth point in the Preamble to Northern Ireland Protocol.

Clause 18 stand part.

Amendment 46, in clause 20, page 10, line 32, at end insert—

“But this section may not be brought into force unless it has previously been approved by a resolution of the Northern Ireland Assembly.”

This amendment would prevent the Bill’s proposed departure from the terms of the Northern Ireland Protocol, or from any related provision of the EU withdrawal agreement, in respect of the previously agreed role of the European Court (CJEU) unless clause 20 had first been approved by the Northern Ireland Assembly.

Amendment 13, page 10, line 37, leave out subsection (2)(b).

This amendment would remove the prohibition on a court or tribunal referring any matter to the European Court, where the matter relates to the Northern Ireland Protocol or any related provision of the EU Withdrawal Agreement, or domestic law relating to the Northern Ireland Protocol or any related provision of the EU Withdrawal Agreement, given that subsection (4) would give ministers the power to make regulations regarding references on a question of interpretation of EU law to be made by Courts and Tribunals.

Amendment 43, page 10, line 38, leave out “the Minister considers appropriate” and insert “is necessary”.

This amendment changes the threshold for giving a Minister power to make regulations under this Clause. The threshold is amended to make it objective rather than subjective.

Clause 20 stand part.

[Stephen Doughty]

It is a pleasure to serve with you in the Chair today, Dame Eleanor, as we enter the third day of Committee on the Bill. As we do so, it is evident that instead of working to fix the genuine challenges that the protocol poses, the Government continue to push forward with a Bill that disregards the UK’s international legal obligations and threatens to throw Britain’s global reputation into disrepute, and which also—we shall discuss this today—gives them sweeping powers without restriction. Tearing up binding agreements, threatening to break international law and walking away from the table are not the composites of a good negotiating strategy; they are the hallmarks of a zombie Government, out of steam—a Government who have constantly put their own party squabbles and obsessions before the interests of the people of the UK, and indeed the people of Northern Ireland.

Tragically, they also risk dividing the UK and the European Union when we should be standing shoulder to shoulder in opposing Putin’s barbaric war in Ukraine, and in finding ways to make Brexit work in a spirit of trust and co-operation. This is not how a responsible Government should behave, and many Members across the House know that. What we need is cool heads, statesmanlike behaviour and a search for long-term solutions.

On the Opposition Benches, we feel that the Bill is counterproductive, but that solutions are there if the Government are prepared to seek them. That requires compromise, hard work, and flexibility on all sides, including of course the EU, not knee-jerk reactions. I have listened to the very many genuine concerns that have been voiced about the functioning of the protocol. I have the pleasure of being a member of the British-Irish Parliamentary Assembly in addition to my shadow Front Bench role. I have listened to businesses. I have been in Dublin and Belfast. I have listened to people on all sides and have heard genuine concerns, including from those in the Unionist community.

For months, Labour has called on the Government to do the responsible thing—get back around the table to do what we have always done, and what any Government worth its salt would do, which is to negotiate, in the interests of finding workable, practical and technocratic solutions that command the consent and support of all communities in Northern Ireland, and have the means to bring back power sharing in a meaningful and lasting way. In that spirit, we have offered amendments to the Bill today in good faith, to begin to correct the issues that are manifest across this legislation—starting today with the Henry VIII clauses that we have heard about, and which the amendment that we have tabled in this group address.

As the shadow Foreign Secretary, my right hon. Friend the Member for Tottenham (Mr Lammy), set out during Second Reading, 15 of the 26 clauses included in the Bill confer powers directly on UK Ministers. Those include the power to use secondary legislation to amend or modify Acts of Parliament—Acts that have been subject to the full scrutiny of this House. As the Bingham Centre for the Rule of Law sets out, the Henry VIII powers given to Ministers in the Bill

“are numerous, extensive and subject to very low hurdles before those powers may be exercised.”

Indeed, Professor Catherine Barnard of Cambridge University has called these powers “eye wateringly broad”. The Hansard Society, deeply respected on both sides of the House, describes them as “breath-taking”. And we should not just take their word for it. The Chair of the Justice Select Committee, the hon. Member for Bromley and Chislehurst (Sir Robert Neill), last week put it perfectly when he said,

“there are Henry VIII powers and Henry VIII powers; and this is Henry VIII, the six wives, Cardinal Wolsey and Thomas Cromwell all thrown in together.”

He went on to describe the Henry VIII powers as

“almost Shakespearean or Wagnerian in their scope and breadth.”—[Official Report, 13 July 2022; Vol. 718, c. 370.]

Awarding Ministers these enormous powers is not a strategy, and the people of Northern Ireland will see it for what it is—a blatant power grab.

The hon. Member for Bromley and Chislehurst identified one of the key problems with these powers when he explained that the test that Ministers must meet before using these powers is “extraordinarily low”. I agree. As the Bill currently stands, in many cases Ministers may use these powers merely if they consider it “appropriate” to do so. That is simply not good enough. Not only is that a woefully low threshold, but it lacks any kind of objectivity. We cannot have a situation where Ministers can make sweeping changes that are not necessarily in the interests of all communities of Northern Ireland, and without proper scrutiny and process; and those of us on the Opposition Benches are extremely concerned about what Ministers may deem appropriate in the future.

--- Later in debate ---

[Michael Ellis]

The hon. Lady is shouting from a sedentary position, but I think I have made the position clear. [Interruption.]

[The Chairman of Ways and Means (Dame Eleanor Laing)]

Order. The hon. Member for Belfast South (Claire Hanna) knows she cannot shout like that while she is sitting down. If she wishes to intervene again she can try to intervene; I will not have this shouting.

[Michael Ellis]

Thank you, Dame Eleanor.

I simply reiterate to the hon. Lady and the whole Committee that our overriding priority is preserving peace and stability in Northern Ireland, and I make no apology for repeating that. The situation as it stands is undermining the Belfast/Good Friday agreement and it is undermining power-sharing, as proven by the very fact that we do not have an operating Northern Ireland Assembly—surely that is proof positive.