Overseas Operations (Service Personnel and Veterans) Bill

Gavin Robinson Excerpts

Wednesday 21st April 2021 Commons Chamber

[James Sunderland]

Thank you, Madam Deputy Speaker. The point is well made and well taken.

I made it clear on Second Reading that the Bill is a good Bill. I voted it through because it was the right thing to do. My view has not changed, despite the Lords amendments that have been introduced. People would be amazed by the hysteria and shock in my inbox from people attacking the Bill from every angle. But I want to make something absolutely clear. The supposition in some quarters that British troops are predisposed to wantonly commit war crimes in operations, or that the UK has given them a green light or a get-out-of-jail-free card is absurd. The MOD already has one of the most effective and robust service justice systems in the world, and I can tell the House as someone who has served on eight operational tours that we have the best-led and best-trained soldiers in the world.

We have a great record in this area and nothing will change. That is why I am less worried about the exclusion of war crimes. The presumption against prosecution does not affect in any way the UK’s ability to conduct investigations or prosecutions. It is a higher threshold, not a bar. However, in deference to those who spoke so eloquently, both on Second Reading and on Lords amendment 1, and the views of many in this place, I note that the MOD is seeking to exclude more serious crimes such as torture, genocide and crimes against humanity from the five-year rule, which I welcome.

Lords amendment 2 sets out a new process for investigations. It introduces timelines for them and gives a direct role for prosecutors in investigations. Personally, I do not like the phrase, “artificial timelines for the progress of investigations”, or the power of the Judge Advocate General to intervene. Furthermore, the limitations in the amendment do not apply in civilian life to police force investigations, meaning this would create an anomaly. I am therefore comfortable with the Government’s position and I urge the House to reject the amendment.

Lords amendment 3 removes from the Bill the duty to consider derogation from the convention. The Government have noted that article 15 of the European convention on human rights provides that states may temporarily suspend relevant human rights obligations. The removal of clause 12 would not prevent the Government from making a conscious decision when committing armed forces to overseas operations. I am therefore comfortable, as we maintain the capability to deploy soldiers abroad and derogate, that we are in the right place. So, again, I support the Government’s position on Lords amendment 3.

Lords amendment 4 excludes action brought against the Crown by serving or former service personnel from the limitation measures introduced by part 2 of the Bill. The impact of new limitation periods on the ability of service personnel to make claims will be minimal. The longstops in part 2 have been introduced to offer greater legal certainty, as well as greater certainty to service personnel. So I agree again that the amendment should be opposed.

Amendment 5 requires the Secretary of State to lay before Parliament, within six months of the Bill receiving Royal Assent, a duty of care standard in relation to legal, pastoral and mental health support provided to service personnel involved in investigations or litigation arising from overseas operations; it also requires an annual report. As someone who knows, I can tell the House that service personnel are entitled to legal support at public expense when they face criminal allegations and civil claims. Legal support is also available when people are required to give evidence at inquests, to inquiries and in litigation. In addition, the Armed Forces Bill is bringing the armed forces covenant into statute, and medical support available to all soldiers and veterans is unrivalled. And let us not forget mental health. The Government are now throwing money at this problem, and we are getting better all the time. I agree with the Government that the amendment is neither viable nor necessary.

This is a good Bill, and the Government’s concessions today make it even better, but the rest of the Lords amendments, in my view, should be rejected.

[Gavin Robinson (Belfast East) (DUP) [V]]

It is, as always, a pleasure to follow the hon. Member for Bracknell (James Sunderland), who serves expertly as the chair of the all-party parliamentary group on veterans. It is appropriate that he has sought to recalibrate the dangerous notion that could arise from some of our considerations about the ongoing, genuine and sustained efforts that our armed forces make as they serve our country.

On behalf of my party, I congratulate the new Minister for Defence People and Veterans on his appointment. I know him well. We have served together in the Select Committee on Defence, and I know he will be a true champion for veterans. It would be inappropriate were I not to mention the hon. Member for Plymouth, Moor View (Johnny Mercer). He was elected at exactly the same time as me, I made my maiden speech immediately after he made his, and we served together on the Defence Committee. I do not think that anyone in this House would question his passion or his commitment to veterans. Yesterday was a difficult day for him, but he should take comfort from knowing that he has stood steadfast by the commitments he gave to veterans who served in Northern Ireland.

I was interested to hear the Minister, at the start of today’s proceedings, indicate that the Northern Ireland Office will bring forward a Bill that offers equivalent protection for veterans who served in Northern Ireland. Last night, the hon. Member for Plymouth, Moor View wrote that the Government are good at saying the right thing, but perhaps not so good at delivering. We need to see action. That commitment to provide for veterans from Northern Ireland was given to the House in a written ministerial statement on 18 March last year—the day that this Bill, the Overseas Operations Bill, was introduced. Thirteen months later, we are still waiting, eager and interested to see the detail. There is genuine concern, Should there be an attempt to provide equivalence between those who served our country— those honourable service personnel who stood against tyranny and terrorism—and terrorists, I hope that it will not find favour in this House.

I thank the Government for their movement in the light of Lords amendment 1. We will support the amendment, as we think that, in totality, it captures the range of issues that were fairly outlined by the hon. Member for Barnsley Central (Dan Jarvis) and the right hon. Member for Haltemprice and Howden (Mr Davis). It is important that we ensure there is no suggestion or no cause for concern that our armed forces personnel would be engaged in activities such as torture, crimes against humanity, or war crimes and genocide. That is where I differ from the Government. I hope that they will reflect honourably on the fears relating to war crimes in particular. Having moved on the other three issues, I ask that the Government do the same on war crimes as well.

I ask the Minister, when he sums up, to reflect again on the comments he made about Lords amendment 5. A duty of care on legal, pastoral and mental wellbeing is not something that Government should fear. I think I heard the Minister indicate that there was potential to impact upon the operational effectiveness of our armed forces should the amendment pass, but I cannot see that cause for concern. I ask him to give that renewed consideration and reflect on it in his closing remarks.

On the other Lords amendment, 2, 3, 6, 7 and 8, we will support the Government. We have welcomed this Bill. We recognise the need for it. We want to see an end to vexatious prosecutions. In supporting some of the amendments and in asking the Government to go a little farther, we will keenly work with the new Minister as he embarks on his role, not only on the concluding stages of this Bill, but on honouring the commitments that he and his colleagues made, in their manifesto and to this House, on protecting veterans from Northern Ireland.

[Bob Stewart]

May I reiterate my congratulations to my very good friend and now my former Whip, who had a very difficult job of keeping me in order? Best of luck to the next one—bring ‘em on. Well done. I am really pleased for him. I am also saddened. The one thing about my hon. Friend the Member for Plymouth, Moor View (Johnny Mercer), a good friend of mine, is that he led all the time with his heart. He was trying his very best to do the right thing for his constituents and for the armed forces. It was good, too, that he was a commander gunner, rather than a woodentop or member of the black mafia.

I have given evidence in war crimes trials and in trials that involved crimes against humanity and genocide—not torture, but those two—and I am slightly concerned that we have not put war crimes into this Bill. After all, there are plenty of war crimes that are well documented from the second world war, such as Wormhoudt, on 28 May 1940, where 80 mainly British soldiers from the 2nd battalion the Royal Warwickshire Regiment and the 4th battalion the Cheshire Regiment, both regiments that have gone now, were stuck in a wooden hut and machine gunned. Grenades were then thrown in at them. This was done by the 1st SS division Leibstandarte SS Adolf Hitler. That is a clear war crime. But, sadly, we are not immune from some criticism. In the second world war, some of our submarines did machine gun survivors in the water. Some of our soldiers did rape and kill civilians in Normandy and in Germany. And, I am afraid, the British Army was involved in similar instances in Malaya and in Kenya. I will not go further on this. I am not trying to blame anyone, but I think the crime of war crime should be in this Bill. I will be voting for it, but I hope that the Government will think again on the subject of war crimes. Everyone is nodding because it makes sense.

My last paragraph or so is fundamentally to reinforce something that I know my friend the Minister is fully on board with. The Ministry of Defence cannot escape its responsibility to look after veterans from Northern Ireland. I know that the Minister has got that point. I also know that it is not the MOD that is in the lead on this; it is the Northern Ireland Office. I really believe that very shortly we will have some good news—I hope so. When this Bill goes through, as I have mentioned already, we will have two grades of veterans: those who are better protected in the matter we are discussing today, and those who are not. Those who are not will broadly be classified as Northern Ireland veterans, which others here can classify themselves as, too. I think I have said enough. Thank you very much, Madam Deputy Speaker.

Armed Forces Bill

Gavin Robinson Excerpts

2nd reading & 2nd reading: House of Commons
Monday 8th February 2021 Commons Chamber

[Gavin Robinson (Belfast East) (DUP) [V]]

It is an enormous privilege not only to contribute to the debate but to follow the hon. Member for South Derbyshire (Mrs Wheeler). As a member of the Defence Committee and, indeed, as the only Northern Ireland parliamentarian contributing to the debate, I think it is important to reflect on Northern Ireland’s role and contribution to our armed forces. Although we make up just less than 3% of the population of the United Kingdom, we contribute far greater not only to our regular forces but to the reserve forces across the United Kingdom, yet at times we have to remind colleagues in Parliament that implementation of the armed forces covenant has not been as smooth in Northern Ireland, where frustrating barriers and, at times, inappropriate political ideology have blocked the full implementation of the covenant. It is in that vein that I wish to contribute to the debate on the covenant provisions in the Armed Forces Bill.

I commend the Minister and the Secretary of State for Defence for the fortitude they have shown in recognising that we can do more for veterans who live in Northern Ireland. We should always remember that those veterans who live in Northern Ireland often live in what was their theatre of war. That brings with it added challenges and added complexities. We know—it has been referred to —that our former Health Minister and now Deputy First Minister once wrote to a colleague of mine to say that the armed forces covenant does not apply here. She was wrong, and we have the opportunity here in the Bill to bring forward a statutory duty to have due regard on public bodies throughout the United Kingdom.

I tabled a private Member’s Bill on this issue back in February 2019, and the Democratic Unionist party secured from the Government a commitment in the “New Decade, New Approach” document that we needed such a statutory duty. I am therefore delighted that tonight the Government are bringing forward this commitment and that it is UK-wide, appropriately specifying the bodies involved with the delivery operationally of health, education and housing in the Province of Northern Ireland.

At the conclusion of the debate, the Minister will have the opportunity to reflect on contributions to the debate. I ask him to respond to questions raised by the Royal British Legion on why we have confined the provisions of the Bill to health, education and housing. Is this not an opportunity to include other aspects such as pensions, employment, social care and immigration issues for those serving from Commonwealth countries? The Secretary of State retains a power in the Bill to introduce further aspects. Should there be a more comprehensive trigger mechanism for introducing such aspects to the Bill and the covenant commitments?

There is no requirement in the Armed Forces Bill for Ministers, whether in Whitehall or devolved institutions, to have due regard. I am keen to hear from the Minister why, when such a due regard clause is present in the Environment Bill, as highlighted by the House of Commons Library, it was not considered appropriate here. Finally, will we see the statutory guidance published before the conclusion of the parliamentary process? That would greatly aid our understanding of the operational impact.

Let us not forget that the Bill is a great stride forward for veterans in this country. I commend the Government for bringing it forward, and I will support them through its passage.

Northern Ireland Protocol: Implementation

Gavin Robinson Excerpts

Tuesday 2nd February 2021 Commons Chamber

[Michael Gove]

I entirely agree with my hon. Friend on that. It gives me an opportunity to say thank you to everyone who has been involved in the vaccine roll-out across the UK. Our national health service is a precious aspect of our citizenship of the UK. It is NHS personnel who have been responsible for making sure that our vaccination programme has, so far, gone so well. They deserve the credit and it is the Government’s job to make sure that people in Northern Ireland can continue to receive the vaccines that they deserve.

[Gavin Robinson (Belfast East) (DUP) [V]]

May I extend my appreciation to the Chancellor of the Duchy of Lancaster, the Secretary of State for Northern Ireland and, indeed, the Prime Minister for their continued engagement in seeking resolutions to what appear to be intractable problems? The Chancellor of the Duchy of Lancaster has helpfully suggested that the grace period for pets, and the work on seeds and plants, can be solved not through continual extensions of those grace periods, but with a practical and workable solution that balances the zero risk associated with those sectors. I also thank him for his comments about the threats and intimidation to the hon. Member for North Down (Stephen Farry), my hon. Friend the Member for Strangford (Jim Shannon), and Assembly colleagues in east Belfast and north Belfast. What we need to see, and what we need to demonstrate clearly and quickly, is that constitutional politics works, and that we need to get those solutions through constitutional politics.

[Michael Gove]

I could not agree more. The hon. Gentleman and his party colleagues have been assiduous in bringing to my attention and to the attention of the Secretary of State each of their individual concerns, and they have done so in a speedy, effective and low-key way, which has reflected their desire to resolve these problems. He is absolutely right; we need to see that resolution in order to ensure that people’s electoral representatives are heard and are effective.

Oral Answers to Questions

Gavin Robinson Excerpts

Wednesday 20th January 2021 Commons Chamber

[Brandon Lewis]

As I said in answer to previous questions, a range of issues have come together at the same time: companies who made commercial decisions before the deal was secured and before even the protocol was agreed before Christmas, let alone the guidance notes on parcels, and of course the covid challenges we have had. We have had a few issues come together in early January at the same time. We are working through all those issues with businesses, including ensuring that Great Britain businesses are signed up to the Trader Support Service and the Movement Assistance Scheme so they understand their ability to flow products into Northern Ireland. All those businesses and people will continue to ensure and support the fact that the Government secured a good deal with the EU. It is just a shame that the Scottish nationalists decided to vote against it and effectively wanted to see no deal, which would have seen real chaos across both Northern Ireland and Scotland.

[Gavin Robinson (Belfast East) (DUP) [V]]

I thank the Secretary of State for the considered engagement he has had over the past seven to 10 days on the issue of steel. The Secretary of State knows just how important aerospace is not only to my constituency but to the Northern Ireland economy as a whole, with £1.9 billion-worth of activity each year. ADS is concerned about the additional tariff which is now being placed on goods considered to be at risk for the aerospace sector, yet when the raw materials are brought into Northern Ireland for processing, they can then subsequently leave Northern Ireland tariff free because of the air worthiness agreement. There is an issue on these raw materials. They are not at risk for onward transit. I would be very keen for the Secretary of State to agree this morning that he will engage on this issue as constructively as he has with steel.

[Brandon Lewis]

I thank the hon. Gentleman for raising this issue. He has been a strong and passionate supporter and promoter of the sector for the benefit of Northern Ireland for a very long time, and I think everybody can recognise that. He outlines some specific details. We have been very clear that there should not be any tariffs on internal UK trade. We will make full use of waivers and reimbursements to minimise the impact on business in any scenario. I will be very happy to engage with the sector directly, and with him and any other colleagues, on this issue. We have pledged £1.95 billion for aerospace research and development through to 2026, alongside £125 million in grants to be awarded through the Future Flight Challenge. There is an opportunity for the industry and I would be keen to work with him to ensure we can deliver on that for the people of Northern Ireland.

Overseas Operations (Service Personnel and Veterans) Bill

Gavin Robinson Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 3rd November 2020 Commons Chamber

[Mr Davis]

I will read the quote:

“Would we be content that a member of the Iraqi Government’s consent would be needed to prosecute? Would we accept a decision by that person not to prosecute? In my view, there would be outrage in this country if”––[Official Report, Overseas Operations (Service Personnel and Veterans) Public Bill Committee, 8 October 2020; c. 128, Q278]—

the Iraqis behaved in that way. The Judge Advocate General said that we should always remember that the law should be “even-handed” to all people.

[Gavin Robinson (Belfast East) (DUP)]

It is a pleasure to contribute to the debate on Report, and to do so early, following the right hon. Member for Haltemprice and Howden (Mr Davis) and a number of other contributors. Time is tight on proceedings, but had the right hon. Member for North Durham (Mr Jones) spoken for the entirety of the Opposition, Members would have been largely content. I was clear on Second Reading that, while we support the Bill, many aspects of it could have been—and I regret were not—improved in Committee.

I will make this broader point at this stage: just because the Government have the strength of votes does not mean that they have a monopoly on wisdom, or that they should not engage more productively and proactively with some of the concerns that have been expressed. I do not say that belligerently or to cause difficulty; those who have served with me on the Defence Committee know that I approach such matters sincerely. I say it because we want to see the right outcome and the right protection for our service personnel. I am afraid that, following the Bill Committee, we are not quite there yet. We have the opportunity this evening to make necessary amendments.

I will repeat at this stage, although it is not part of the Bill, that I resent the fact that Northern Ireland provisions have not been brought forward. The Minister gave me a commitment on Second Reading—I am glad that he did—that the Government will not resile from the commitments that they have given to veterans who served in Northern Ireland. I accept that progress on those provisions is now, regrettably, outwith the Minister’s domain, but that commitment is still there from the Government and we look forward to seeing how they will honour it.

[Colum Eastwood (Foyle) (SDLP)]

Does the hon. Member recognise that there is already an international agreement—it is called the Stormont House agreement—to deal with issues of legacy in Northern Ireland? It seems now that the Government are determined to abandon that agreement and abandon the victims of the conflict too. Does he think that that is a sensible way to proceed—that the Government will again abandon an international agreement?

[Gavin Robinson]

The hon. Member’s contribution is timely. We know what commitments were given during the New Decade, New Approach agreement on legacy matters in Northern Ireland, and we wait to hear from the Government where they are. Both of us have engaged in conversations recently about where that may go. While we may wish it to go in different directions, I am not sure that either of us will be overly satisfied with what emerges.

I want to touch on a number of key aspects of the Bill. I saw that the Minister, with his normal enthusiasm, talked at the weekend about some of those seeking to amend the Bill being “deeply disingenuous”, “repeating campaign lines” and

“talking a good game…but fundamentally unwilling to lift a finger”

to protect service personnel. He made those comments. I am sharing them because I want to say categorically that they do not accord with me as a signatory of amendments 1 to 10, and nor do I believe that they appropriately accord with others who have signed the amendments.

I think it is right to say that people are being disingenuous if they think that war crimes or genocide are issues that are precluded under the Bill. They are not—they are clearly included in schedule 1—but the Government are wrong not to refocus and think again about torture. Torture should be exempted from the provisions of the Bill. I say that very clearly, drawing on the comments by the right hon. Member for New Forest East (Dr Lewis). He was right to reflect that clause 3(2)(b) draws on cases where there has been an investigation before, but what it does not do, and what it should do—I referred to this on Second Reading—is rule out the provisions of the Bill being used where there has not been an investigation at all.

Can it genuinely be the case that where issues are raised around torture where there has not been an investigation at all, we accept that the presumption against prosecution should be engaged? I do not think so. I have clearly argued, alongside the Minister as a member of the Defence Committee, that where the state has discharged its duty through a satisfactory investigation, then we can seek to protect our service personnel from prosecution, but not before.

We are asking the Attorney General to make the determination through the provisions of this Bill. That is the very same Attorney General who will be asked to agree that, because this Bill is being used, our service personnel have to go to the International Criminal Court. That cannot be right. Take these issues back to St Aquinas on what a just war is; he considers the morality of war. We as a country stand firmly against torture. When we engage in armed conflict, we operate on the basis that we share those values—that there is an international norm: our guys will not be tortured because we give a clear commitment that we will not torture theirs. That goes with this Bill.

[Stephen Doughty]

The hon. Gentleman is making an incredibly strong and important point. Does he not also agree that it potentially undermines our standing in some of the key institutions which we are party to internationally? He may not be aware, but we are actually chair of the optional protocol to the convention against torture subcommittee. The gentleman who chairs it on behalf of the United Kingdom is a graduate of Llanrumney High School in my constituency. We have a key role to play in international institutions and in setting standards for the world. If we undermine that through the Bill, we risk Britain’s reputation globally.

[Gavin Robinson]

The hon. Gentleman is right that there is a huge danger. The Government are not tearing up our international obligations—I accept that. The Government are not resiling from our international obligations to say torture is wrong, it is abhorrent, it is immoral and it is not something that we will engage in. I agree with the Government on that. But if that is their position, then why not close the circle in the Bill? Why leave it to others to determine in the International Criminal Court, when those issues should be determined here? I say again very clearly that in the context where there has been no investigation at all that cannot be right, be it five years, 10 years or whatever else. I will listen thoughtfully to the Minister in his summing up and hear what he has to say on that. I know he has the strength of numbers. I know he can push it through. I know he can reject the amendments that have been tabled, whether they are amendments 1 to 10 or amendment 32. But I ask him to reflect seriously on that.

Finally, the right hon. Member for North Durham dealt with this issue well in his new clause 1, but new clause 1 should be what the Bill is about: not dealing with the prospect of a prosecution five years after the fact, but dealing with repeated investigations, again and again and again, before the provisions of the Bill are ever engaged. That door remains open. We know some of the Northern Ireland cases that are going through the courts at the moment do not just involve a veteran, elderly and frail, but have also included dawn raids on an elderly and frail veteran of service in Northern Ireland in the ’70s and ’80s. That is outrageous, but none of that is precluded under the terms of the Bill. The investigations issue is worthy of further exploration during today’s proceedings.

[Mr Deputy Speaker (Mr Nigel Evans)]

We will have to introduce a five-minute limit now, because of the pressure of speakers.

United Kingdom Internal Market Bill

Gavin Robinson Excerpts

Wednesday 16th September 2020 Commons Chamber

[Gavin Robinson (Belfast East) (DUP)]

Thank you, Mr Evans. Of course I will focus the majority of my remarks on amendment 22, but I hope you will permit me a little latitude to work around our amendment. [Interruption.] Well, I hope Mr Evans will; I do not really care about the hon. Member for Rhondda (Chris Bryant) as he is not in the Chair, so I will listen to you, Mr Evans. I say that with all affection and kind regards for the hon. Gentleman.

[Chris Bryant]

That is a fib.

[Gavin Robinson]

It is, no doubt about it.

I have been here for the guts of four hours during this debate, which has been going for four hours and 45 minutes, and at times I felt I had entered a parallel universe. For Government Members, this Bill is an important and necessary step: it is a safety net; it respects the internal market of the UK; and it is something prudent and expedient to do in the circumstances in which we find ourselves in the current negotiations. From Opposition Members I hear that it is the most egregious and outrageous power grab, driving a coach and horses through everywhere—England, Scotland and Wales. This coach and horses is very tired. Yet I find it difficult to get Members on both sides to focus on some of the fundamentals that affect us in Northern Ireland.

I have heard Members from across the Chamber say in all sincerity that they believe there are elements in this Bill that protect the single market of the United Kingdom, that talk about the customs union of the UK. Let us be under no illusion: the single market of the UK, as we know it, was gifted away at the time this House passed the withdrawal agreement and the associated Northern Ireland protocol. Let us reflect on the financial assistance provisions in this Bill and clause 46 in particular. When I raise this with the Government, they say clearly that this is a power that extends right throughout the UK. That in itself is true, but there is no recognition in this debate, save in the contribution from my right hon. Friend the Member for East Antrim (Sammy Wilson), that that unrestricted power to offer financial assistance is hugely curtailed. It is curtailed by article 10 of the Northern Ireland protocol associated with the withdrawal agreement.

Article 10 says that we in Northern Ireland remain under the single market regime of the EU; that the state aid rules, no matter what this financial assistance provision says, will apply to Northern Ireland; and that any decision on financial assistance from this Government to businesses in Northern Ireland that fall within the EU state aid rules will not only be subject to challenge by EU member states, but will bring with it the full jurisdiction of the European Court of Justice. I struggle when I hear Members in this House say that this Bill protects the integrity of the UK single market—it does not. That is why I ask that people sincerely look at amendment 22, because it would allow the people of Northern Ireland to benefit and would mean that the provisions on direct and indirect discrimination actually mean something to businesses in Northern Ireland. We will spend a lot of time on Monday considering the things we can do that will appropriately protect businesses in Northern Ireland to trade with their biggest market in Great Britain, but we also need Members of this House to consider the implications of the regime passed at the start of this year, the restrictions that there will be on trade from GB to NI, and the costs associated with the regimes in place through GB and NI. I know that those negotiations have not concluded and that we do not have a full picture of how that will be, but here we are, three and a half months from the end of the transition period, and yet businesses in Northern Ireland have no clarity as to how they are going to trade with their main market.

I struggle fundamentally with the arguments advanced by some Members about the Good Friday agreement. I listened very carefully to the contributions of the hon. Members for Foyle (Colum Eastwood) and for Belfast South (Claire Hanna), neither of whom are here now, and I make no criticism of that at this stage. Throughout the course of Brexit, there have been claims ad nauseam—in this Chamber, within the Northern Ireland political context, in the United States of America, which has been referred to today, and elsewhere—that taking sovereign decisions within a political entity is in some way injurious to peace in Northern Ireland. That is wrong.

[Stuart Anderson]

The hon. Gentleman speaks very wisely. I have listened to the debates this week. I served for 18 months in Northern Ireland during the troubles. My regiment, the Royal Green Jackets, probably lost more than any other regiment throughout the whole process. To use this as a political football is an offence to me and every veteran around the country. It is a tagline that has been thrown away and I think will land very badly.

[Gavin Robinson]

I am grateful to the hon. Gentleman. I have great regard for him. We served on the Defence Committee together. I commend him for his service to this country and to our Province of Northern Ireland.

The arguments advanced are fundamentally wrong. They never point to who is going to engage in violence. They never condemn the threat of violence that would frustrate a legitimate political decision being made—they never reach that far. They never point to which part of the Belfast agreement they take issue with. They say, “This drives a coach and horses through the Belfast agreement”—you will hear it and read it in Hansard day in, day out. I say, show me the clause—show me the provision that it breaches. When we ask that question, then we get to the next stage—“Ah, but it is the spirit of the Belfast agreement that you are interfering with.”

I caution Members, particularly those who are not from Northern Ireland and who want to be saying and doing the right thing, and advocating the right position, but perhaps do not have the full picture: when you hear that argument related to European Union matters and to Brexit issues in this Bill, you are hearing it through a one-dimensional prism. I am not saying that nationalists are not entitled to their nationalism just as I am entitled to my Unionism—we are all entitled to our perspectives—but they present this injury to the Belfast agreement in a way that suggests it is a one-dimensional document. They suggest that the only concern within the fragility of peace in Northern Ireland is the satisfaction of those who look to Dublin—those who have an aspiration of unity in the island of Ireland—without reflecting on the fact that the document itself is a balance that brings communities together and allows them to co-operate with one another. And that has to include Unionism too. It has to include Unionists in Northern Ireland who look to London and believe that the Union is best for us all. For as long as we hear and listen to those arguments, never proven, and for as long as we say, “I’m sorry, we can’t make a legitimate political decision because of the fear—the fantasy—of something that may go wrong in future”, we see this only through the prism of one perspective, and we will end up making the wrong choice.

I say that not to attack Members, who are entitled to their own views, but to say careful and look a bit beyond some of the arguments. This Bill does not protect the internal market of the United Kingdom. It is a very good move for those who are concerned about ECJ application and state aid rules affecting businesses in GB. That is the intended purpose of clause 46 and some of the other clauses around state aid. There is nothing in clause 46 or clause 47 without our amendment, or indeed anything, that turns back the clock on the agreements around state aid rules of the European Union applying to Northern Ireland, and nor will there be. That is not an aspiration of the Government. The Government’s perspective is that those issues have been resolved.

In speaking to amendment 22, which I do not believe will be pushed to a vote, I hope that Members who are present this evening and respectfully listening to what I have to say will be here on Monday, when we consider and thoughtfully focus on the Northern Ireland aspects of trade from GB to NI and NI to GB. Those are two different propositions because of the protocol. They are fundamentally different. When we talk about access to the UK’s single market, we are only talking about selling to GB, not buying from it.

I ask that, over the next number of days, Members reflect on some of those issues and that when we meet on Monday to consider the Northern Ireland implications of the Bill and the wider underpinning agreements that already exist and are not intended to change, they reflect on the amendments that we put forward and proceed on that basis.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

I rise to support the amendments standing in the name of my right hon. Friend the Member for Doncaster North (Edward Miliband), who I must say made an impressive opening speech on Monday. Those of us elected in 2015 are old enough to remember when we were told we would get chaos if he was elected Prime Minister. As I look at the current Government, the word “chaos” feels like an understatement.

The seat I represent is in west London, but I know that many of my constituents care deeply about the Union of the four nations of the UK, the UK’s reputation and the credibility of the UK and the rule of law. The debate is not about whether people support or oppose Brexit. Saying that, I voted against triggering article 50 back in 2017, because I knew that it would take time to sort out the nuts and bolts of Brexit and that we had a long way to go, but we now have only three months until we leave the EU single market. As we can see from the mess in this Bill, there is still an awful long way to go. That hits business, it hits people and it hits our nations.

The debate is, however, about how our Government approach devolution and our future relations with the devolved nations, as well as our current and future trade partners. That approach is, in my view, deeply flawed. The Bill is an act of self-destruction in the middle of a destructive pandemic. In the clauses we are discussing today, we see powers and money pulled away from the devolved nations while we are all caught up in a race to the bottom on standards.

The Government’s White Paper claims that they will legislate in a way that “respects the devolution settlement”. However, as many have already said in the debate, the Bill does the exact opposite. With due respect to the hon. Member for Belfast East (Gavin Robinson), I am sorry—I disagree. The Bill leads to a significant recentralisation of power away from the devolved Administrations and back to Whitehall, undermining so many of the very many benefits and the core principles of devolution.

Oral Answers to Questions

Gavin Robinson Excerpts

Wednesday 22nd July 2020 Commons Chamber

[The Prime Minister]

I thank my right hon. Friend, and I can absolutely give her that guarantee. In the current circumstances, now is the time to double down on levelling up and that is what we are going to do. That is why we are rolling out a colossal programme of investment in infrastructure, massive investments in our public services and fantastic new technology, because that is the way to give every part of our country the opportunity to realise its potential.

[Gavin Robinson (Belfast East) (DUP)]

  On 10 July, the Prime Minister met Bethany from Crewe during the “People’s Prime Minister’s Questions”, when she took the opportunity to raise the campaign for the extension of maternity leave as a direct consequence of covid-19. During that session, the Prime Minister not only undertook to look at the petition, but understood the significant ramifications that lockdown has had on mums and parents who have missed out on childcare support, health visitor access, and the availability of building bonds with wider family members and the community. Ten days later, I ask the Prime Minister: has he considered that petition, and with recess fast approaching, can he give an indication as to when the Government will respond to the necessary request to get this precious time back for mothers and families?

[The Prime Minister]

I thank the hon. Gentleman for his question. I well remember Bethany and her question, and I know how difficult this problem is for many people. I can certainly commit to him to look at it in detail and see what we can do, and I will write back to him.

Parliamentary Constituencies Bill

Gavin Robinson Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 14th July 2020 Commons Chamber

[Virginia Crosbie]

Either works. I am delighted that my hon. Friend the Member for Leigh (James Grundy) is present to see his journey continue. I am proud to be the MP for Ynys Môn, and I am equally proud and delighted to see the island recognised with protected status in the Bill.

[Gavin Robinson (Belfast East) (DUP)]

It is a pleasure to follow the hon. Member for Ynys Môn (Virginia Crosbie). I congratulate her on her success; I hope it is the first of many. I shall not repeat her constituency name too frequently in case I injure its pronunciation. It is a great tribute to her that she has got that success so soon in this Parliament.

As we know, every day is a school day. It has been interesting to hear people on the Government Benches talk with a straight face about the equalisation of seats, having operated and implemented the English votes for English laws process in this Parliament. If Members want an English Parliament, they should create it, and I will support it, but it is no substitute for our national Parliament, which is this Chamber. It is hard to listen to equalisation arguments, having been unnecessarily excluded from so many votes in this place since the creation of that policy.

As I say, every day is a school day, and it is interesting to learn that not only is there a song called “Sussex by the Sea”, but it is an anthem with a national day on which to be sung. The hon. Member for Romford (Andrew Rosindell) is looking at me because he understands all the nuances in our wonderful British Isles. It would have been no surprise to him, but it was to me.

Having heard the comments from the hon. Member for Glasgow East (David Linden), who is not in the Chamber, about how much he enjoyed the Bill Committee, I suppose I should probably not admit that I gave evidence to the Committee and probably added to the pain and suffering that he and other Committee members endured. I was pleased to give evidence as our party’s director of elections.

Some important contributions have resurfaced today, not only from the Bill Committee but on the amendment paper, and should be considered. I can see no argument against parliamentary sovereignty or parliamentary scrutiny of boundary commission proposals. I added my name to amendment 1 for that precise purpose. The hon. Member for Eltham (Clive Efford) made the argument earlier about setting the task and then agreeing with the conclusion, and that is our role.

I do not agree with the right hon. Member for Basingstoke (Mrs Miller) when she suggests that there is a commensurate removal of Executive power. When I gave evidence to the Bill Committee, I think I was fair when I reflected that there is no equivalence or equalisation between parliamentary sovereignty and approval and a technical amendment mechanism that is not used by Ministers and has not been used by Ministers. I have yet to hear Ministers put forward a comprehensive or compelling example of when that ministerial power was used and how it is of equal comparison to the removal of parliamentary approval for boundary commission proposals in respect of the restructure in the Bill. I do not think there is such an example and I have yet to hear one, but I am happy to give way should somebody wish to correct me.

I support new clause 1, but it is fair to say that it contains many arguments in which I have no part to play. I will not put forward arguments about the retention of seats in Wales—that is for others—or about the retention of seats in Scotland, either. In 2018, the Government published the Parliamentary Constituencies (Amendment) Bill, which secured 18 seats for Northern Ireland. It was published but never progressed, but that legislative commitment was given by Government, and it was important for the constitutional and balanced position that we have in Northern Ireland. It was a commitment that was given and has not been repeated in this Bill, which is hugely regrettable, so I will support new clause 2 if it is brought to a vote.

On new clause 1, there are fair arguments about 5% and how much better the constituencies will be with the increase of every percentage point thereafter. This has not been raised in the Chamber thus far, but Members will know that, under the Parliamentary Constituencies Act 1986, Northern Ireland has a special provision in rule 7 whereby, if the Boundary Commission is unable to construe boundaries with geographical significance or there is no further inaccuracy, we are allowed to have a tolerance of 10%. That rule is retained in this Bill, and we think it is an important rule. The Minister will know from the comments I made in evidence to the Bill Committee that, following a judicial review last year and the Court of Appeal judgment issued only two months ago, Boundary Commission proposals from Northern Ireland were struck down in the operation of rule 7, and we are concerned that there may be a chilling effect on the application of rule 7 in future Boundary Commission proposals.

We will support the increased tolerance from 5% to 7.5% because we think that it would give the greater flexibility required to ensure that Boundary Commission proposals in Northern Ireland are fair, balanced and not infected by other historical arguments that could be brought into the process. However, I am keen to hear from the Minister how lessons can be learned from the application of rule 7 and that the 10% tolerance—or 20%, since it is plus or minus 10%—is important for Northern Ireland, and future boundary commissioners should not be precluded from using it, because it plays an important part in the Boundary Commission process in Northern Ireland, and ultimately it needs to be retained.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Things have perked up enormously on the time front. However, from now on, if Members could stick to five minutes, everyone will be able to speak. I call Shaun Bailey.

--- Later in debate ---

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call Gavin Robinson.

[Gavin Robinson]

My name was withdrawn at a quarter past 11 this morning.

[Madam Deputy Speaker]

Oh, my goodness. I have no Member for North East Fife and although the hon. Member for Strangford (Jim Shannon) is in his place, he has indicated that he might not wish to speak—this is historic. Would the Minister like to wind up?

Northern Ireland Protocol: UK Approach

Gavin Robinson Excerpts

Wednesday 20th May 2020 Commons Chamber

[Michael Gove]

The whole point of the protocol is that it is part of the withdrawal agreement. We cannot have a no-deal scenario because the withdrawal agreement is a deal. However, in a spirit of generosity, I know what the hon. Member means: if we have an Australian-style trading relationship rather than a Canadian-style one, will the protocol apply? The protocol exists for just such an eventuality. As for bins, there will be no need for forms, because it will all be done electronically.

[Gavin Robinson (Belfast East) (DUP) [V]]

I welcome the insertion of “substantial” to the test of whether goods are at risk of further transit into the European Union. Will the Chancellor of the Duchy of Lancaster indicate how realistic he thinks it is that the Commission will agree to that insertion, and will he give us a progress report on the pragmatic development of what is considered to be a good at risk of further transit?

[Michael Gove]

The hon. Gentleman knows that the majority of Northern Ireland’s trade is with the UK, a smaller proportion is with the Republic of Ireland and the amount of produce that goes from GB, through NI and into Ireland is very, very small, so we are taking a risk-based approach. We are saying to the European Commission, “We know that you want to safeguard the gains that Northern Ireland has made in the last 22 years, and one of the best ways to do that is to recognise that, in the same way as Chairman Mao said that the kingdom of heaven was upheld by both men and women, so the Belfast agreement depends on the support of both nationalists and Unionists.”

European Union (Withdrawal Agreement) Bill

Gavin Robinson Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons & Money resolution & Programme motion & Ways and Means resolution
Friday 20th December 2019 Commons Chamber

[The Prime Minister]

I understand where the hon. Lady is coming from but, like the hon. and learned Member for Edinburgh South West (Joanna Cherry), she is wrong on this point. We remain absolutely committed to ensuring that this country will continue to receive unaccompanied children. We have led Europe and received thousands already—this country has a proud record—and we will continue to do so.

I thought that the hon. Member for Wigan (Lisa Nandy) was going to say that this House would be unable to legislate or regulate on the environment in a way that is superior to the European Union, but that is what we will now be able to do. I reject the idea that our proceedings must somehow be overseen and invigilated by the EU and measured against its benchmarks. The very essence of the opportunity of Brexit is that we will no longer outsource these decisions; with renewed national self-confidence, we will take them ourselves and answer to those who sent us here. It was this Parliament, and this country, that led the whole of Europe and the world in passing the Factory Acts and the clean air Acts of the 19th century, which improved industrial working conditions by law.

This House should never doubt its ability to pioneer standards for the fourth industrial revolution, just as we did for the first.

That epoch-making transformation, as with all the pivotal achievements of British history, reflected the combined national genius of every corner of this United Kingdom. In this new era, our success will once again be achieved as one nation. This new deal in the Bill ensures that the United Kingdom will leave the EU whole and entire, with an unwavering dedication to Northern Ireland’s place in our Union.

[Gavin Robinson (Belfast East) (DUP)]

rose—

[The Prime Minister]

On that point, I will happily give way to the hon. Gentleman.

[Gavin Robinson]

I am grateful to the Prime Minister for taking my intervention—I almost thought we had fallen out. He knows that he now has the strength from the election to deliver Brexit. He also knows that we want to deliver Brexit, but we want to do so as one nation, so I am glad that that phraseology is being re-injected into the debate. However, he needs to understand the concerns about the customs arrangements for Northern Ireland, the tariff differentials and the potential for checks, and he needs to understand the concerns we share because we want to ensure that we leave as one nation. We are not going to resolve those issues today, but will he commit to proper, thorough and detailed reconsideration, using the strength that he has to deliver for the entirety of this country?

[The Prime Minister]

Of course, I understand the point that the hon. Gentleman raises, but let me remind him that the deal commits to unfettered access, but in all parts of the UK. It respects the territorial integrity of the UK, and it ensures that Northern Ireland is part of the UK customs territory and would therefore benefit immediately from any of our new free trade deals as soon as they are in force.

Let me remind the House that the special provisions applying to Northern Ireland, which ensure a very important thing—that there is no hard border between Ireland and Northern Ireland—are subject to the consent of the Northern Ireland Assembly. Unless the Assembly specifically withholds its consent, and unless it insists on continuing with this approach, then those arrangements would automatically lapse into full alignment with the rest of the UK. I believe that these arrangements serve the interests of Northern Ireland and the UK as a whole. It is a great deal for our whole country.