NATO Summit

Lord Dodds of Duncairn Excerpts

Tuesday 18th July 2023 Lords Chamber

[Lord True (Con)]

My Lords, I try not to use gung ho language. If I was guilty of that, I apologise; it is not really my wont. I was simply trying to give the House factual answers to some of the questions that were asked. I appreciate what the noble Lord says about accession and the role of both Sweden and Turkey, if Sweden becomes a member. Both Sweden and Turkey are, in security terms, extraordinarily important and proud nations, and we should look on them warmly. It would be good to see that any difficulties between those nations, such as they exist, do not continue, and that is the augury of the NATO summit.

As for guarantees, I said in a previous answer that all agreed that Ukraine’s future is in NATO and the proposal for a membership action plan was dispensed with. However, the alliance will continue its support for Ukraine in making progress on interoperability in weapons terms, but also, as the noble Lord implied, additional democratic and security sector reforms, on its path towards future membership. We will be in a position to extend an invitation to Ukraine to join the alliance when allies agree and due conditions are met. I am confident that that will happen.

On the security position, as I said in answer to an earlier question, we fully support Ukraine’s inherent right to self-defence—that is common in this House—as enshrined in Article 51 of the UN charter. There has been a broad international swathe of support for the heroic battle of the Ukrainian people against a grotesque breach of international law in this invasion. What happened at the summit is that the United Kingdom, G7 allies and Ukraine agreed a new framework for guaranteeing Ukraine’s long-term security, delivering on an ambition that we set out earlier this year. The joint declaration, signed by all members of the G7, set out how the United Kingdom and its allies will support Ukraine over the coming years to end the war and deter and respond to any future attack. It is the first time that the G7 has agreed to a comprehensive long-term security arrangement of this kind with another country. That is a specific of the commitment that is given—we are not talking about the wider ambit that the noble Lord spoke of, but it is important none the less.

As for support, I will not weary the House with the range of support that is being given, but suffice to say that the Ukrainian Government have made very clear their gratitude to the British people—and indeed the British Government, if I may mention that benighted authority in your Lordships’ House—for the unswerving support we have given in matériel, diplomatic efforts and support. That will continue and, as I said earlier, we are beginning the next step forward: this summer we will commence an elementary flying phase for cohorts of Ukrainian pilots in basic training.

[Lord Dodds of Duncairn (DUP)]

My Lords, NATO member states at Vilnius made an enduring commitment to spend 2% of their GDP on defence spending per annum, but that is a long-standing commitment. Although the UK has been in the vanguard of meeting that kind of commitment—along with the US, of course, which funds most of Europe’s defence—sadly many European partners have fallen well short of meeting that commitment, over many years. What pressure or incentive is being brought to bear? I know that there are increases in expenditure, but what can be done to ensure that our partners meet that commitment to defence spending over the very short-term future?

[Lord True (Con)]

My Lords, this is an alliance of volunteers and volunteer nations. Of course, it is ideal that every nation should contribute to the agreed target, and that has been reaffirmed at the summit. I am not going to stand here and throw stones at other nations. Putin has failed in his illegal invasion: he thought it would divide NATO and that some of the less enthusiastic nations might split away but, as we have discussed, the reverse has happened.

I do not think we can talk about penalising nations that do not reach 2%. We have made good progress in recent years, with more countries hitting the 2% minimum. Last year, 2022, was the eighth consecutive year of increased defence spending across Europe and Canada. Since 2014, our European allies and Canada have spent an additional £350,000 million—£350 billion in easy parlance—on defence. The noble Lord is right: if we are to ensure that our alliance is equipped to take on the challenges of the future, we must go further. However, it is in all our interests for every member to meet the 2% commitment; that is our plea to our allies and partners. As far as a penalty is concerned, the penalty for failing to fund NATO properly is our future collective security, and I think that is recognised by all our allies.

Northern Ireland Protocol

Lord Dodds of Duncairn Excerpts

Tuesday 28th February 2023 Lords Chamber

[Lord True (Con)]

I thank the noble Lord for his opening remark, from his long personal perspective of service. That is why I said I did not want to put anybody in a box on this occasion; I think time, space and consideration are extremely important.

As far as the brake is concerned, the noble Lord is of course right to say that it will need the Stormont Executive to be in place. We believe that this agreement could mark a turning point for Northern Ireland and potentially puts power back into the hands of the people of Northern Ireland, where it always should be and should have been, and a restored and functioning Executive are important. To repeat, it is now for the parties to decide how they want to move forward with that mechanism. The advantage of the brake over what we had before is that it can be applied to points of detail, provided they have a significant impact, potentially, on the people of Northern Ireland; whereas, with the protocol, it was all or nothing, throwing a lot of stuff out. Within the process of the brake, which I am sure will be carefully examined over the coming days and weeks, there are various points for discussion and scrutiny.

[Lord Dodds of Duncairn (DUP)]

My Lords, the crucial question is whether or not people in Northern Ireland are to continue to be denied equal status, democratically and constitutionally, with our fellow country men and women, and the resultant consequences for separation and economic divergence from the rest of the United Kingdom.

Overnight, we have had greater analysis and some of the unhelpful exaggeration around the deal has been stripped away. For accuracy, can the Leader, for whom I have great personal respect, confirm to what extent Northern Ireland will continue to be governed by EU laws and subject to EU legal jurisdiction for large parts of our economy, for which no consent has ever been sought or given? Can he confirm how many of the 300 areas of EU sovereignty in Annex 2 to the protocol will be removed? He talked about pages being removed, but how many of those areas will be removed? On the Stormont brake—it is important to remember that this is still, as I understand it, subject to negotiation—can he confirm that, as currently set out, it does not give the final say or block to the Northern Ireland Assembly, even on a cross-community vote, but can be overridden by a Minister here and will leave us subject, in terms, to retaliatory measures against the United Kingdom as a whole by the EU?

[Lord True (Con)]

My Lords, on the last point, as the noble Lord has set out, clearly the initiative comes from the request, which is consonant with the existing petitioning system that action should be taken and then that matter discussed in the joint committee between the two Governments. It would be the British Government who would operate the veto, but that would be a very open process. Obviously, I cannot commit future British Governments, but one would expect that, in those circumstances, the British Government would give the very greatest weight to the points that have been put forward by the Stormont Assembly.

As for as the range of EU law, I will have to write to the noble Lord on the specific number of instruments, but, as the Prime Minister set out very clearly, about 1,700 pages of EU law will be removed. The Statement was absolutely honest that about 3% of EU law provisions will remain in relation to goods and the matters covered by the protocol, but I submit that some of them, for instance, relate to the single electricity market on the island of Ireland. These are matters where Northern Ireland itself gains a great deal from being within the all-Ireland and wider single market, and Northern Ireland businesses have argued for it. I must repeat that we are talking about 3% here, as against 97% removed.

It was very kind of the noble Lord to speak kindly of me, and I have equal respect for him. I urge him and his colleagues to reflect and think carefully in the future, and realise that there may be some aspects where it may be to the advantage of all the people of Northern Ireland for that 3% to stay. But on the other areas, the Statement is absolutely clear, and this is an important treaty change—I repeat, a treaty change—that what will apply to so much in this framework now is not EU law but international law governed by the Vienna convention.

Elections Bill

Lord Dodds of Duncairn Excerpts

Lords Hansard - Part 1 & Committee stage
Monday 28th March 2022 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I offer Green support for the general trend of these amendments. I also join the rest of the House in wishing the noble Lord, Lord True, a quick recovery. I very much agree with the comments from the noble Lord, Lord Scriven, and disagree with the noble Lord, Lord Hodgson. If someone is here contributing to society and is a part of this community—maybe that is only for 20 or 30 years and maybe they will eventually go back to the country they came from, to care for their elderly parents or another reason—they should have a say. They have chosen to make this their home and we should recognise that with the vote.

It is really interesting if we look at the overall context of the Bill—and I very much agree with the comments of the noble Lord, Lord Wallace, about the general sense of confusion and the lack of a real sense of clear direction—that where there is a sense of direction, it is utterly the wrong direction. As we were talking about with voter ID and offering a positive alternative of automatic voter registration, we have seen a trend over centuries for more and more people to have the right to vote. Yet, what we have done right now with the Brexit situation and with the rules as they currently are with the Bill without these amendments is that fewer and fewer people are having the right to have a say. That is a diminution of what democracy we actually have.

I very much agree with the comment from the noble Viscount, Lord Stansgate, that if you are able to vote, you should be able to stand. There is a really interesting case study related to that of the kind of tangles that electoral law can get itself into. Between 1918 and 1928, there were certain groups of women who could stand but not vote. The Parliament (Qualification of Women) Act 1918—with 27 words, it is the shortest law on the statute book—created a rather strange tangle where women were able to stand, and indeed some women did stand, when they could not vote for themselves. That really is an illustration of how you can get yourself into a mess when things are not properly thought through.

I have some very specific questions. I am aware that the Minister has kind of been landed with this, so I entirely understand if he might wish to write to me later. One of the things that perhaps many of us in your Lordships’ House do not think about very much is that there is another reason to be on the electoral roll beyond voting: being on the electoral roll is good for your credit rating and improves your access to credit. I will confess, it is something I have used many times on the doorstep to encourage people to go on the electoral roll. One of the things we will do with this current change is to make access to credit more difficult for some people, such as EU citizens who do not qualify for the vote. As we are seeing with all these complications, I wonder whether the Government have really looked at this situation and considered whether it is appropriate to allow that to continue when we are randomly taking that right away from people.

We have already heard very clearly laid out from a range of noble Lords, particularly the noble Lord, Lord Shipley, and the noble Baroness, Lady Ritchie, all the complicating factors about whether you are allowed to be on the electoral roll or not. Are the Government confident that they have given full and clear instructions to all the local authorities in the land to ensure that they are able to implement this effectively? Are people on the roll rightly when they should be? With local elections coming up, I am sure all of us, except perhaps the Cross-Benchers, know people who are out now knocking on doors and talking to voters and potential voters. Is there a place where the Government have set this all out very clearly so political campaigners out encouraging people to get involved can find out who is eligible to vote and who is not? That would be a very useful practical resource to have.

This is something that has just occurred to me as we have been going through the debate: I imagine that to vote when you do not have the right to vote is an offence. Are the Government going to provide directions to acknowledge that some people, with the best will in the world and no ill intention, will end up voting in this coming and future elections when they do not have the right? I think people in that situation should be protected, given the complexities that we have all just heard outlined.

I will briefly make two other specific points. On an earlier group, the noble Lord, Lord Wallace, I think, noted how Scotland has given refugees the right to vote. Given the situation that we see in a world with more and more refugees, and as we will, I hope, welcome more refugees here, I wonder whether the Government have considered that.

I declare my position as co-chair of the All-Party Parliamentary Group on Hong Kong. Of course, BNO passport holders have the right to vote, but their children will not—so it could literally be that someone who was born in Hong Kong on a certain day has the right to vote, but a person born there one day later does not. So have the Government considered the situation of the children of BNO passport holders who have come here with their parents now? The Government have said that they are looking to allow, from September, the children of BNO passport holders to come on their own—so might that not be another group to consider?

Since I have just introduced several other layers of complexity, is not the obvious situation to base this right to vote on residence? If people have made themselves part of the community and contributed to it, that should be the basis of the right to vote.

[Lord Dodds of Duncairn (DUP)]

My Lords, I will speak briefly to Amendment 156 in the names of the noble Baronesses, Lady Suttie and Lady Ritchie of Downpatrick. I too extend my best wishes to the Minister, the noble Lord, Lord True, for a speedy recovery.

This amendment is specifically to do with Northern Ireland, and its basis rests on an interpretation of Article 2 of the Northern Ireland protocol to the withdrawal agreement. The ability to stand for election and vote of EU citizens who were resident at the end of the transition period—or the implementation period, as it was called—on 31 December 2020 is clearly preserved. There is no argument about that; it is set out and is the legal position. So we are talking here about EU citizens who arrived in the UK—or Northern Ireland—after that. I understand that this is a probing amendment, but it is worth pointing out that EU citizens who have arrived since 1 January 2021 will move to a position whereby voting and candidacy rights are granted where there is an agreement with the European Union member state that they came from—they are preserved on a bilateral basis. That is the normal accepted position.

There has been a reliance on an interpretation of Article 2 of the protocol, and a lot of claims are made, appealing to not just the letter but the spirit of the Northern Ireland protocol, with all sorts of extravagant positions that would otherwise not be deemed to be rational or even democratic. People talk about taxation with no representation, and laws are now made over vast swathes of the economy of Northern Ireland, despite no Member of the Northern Ireland Assembly, for which elections will take place on 5 May, or of this or the other House being able to have any say or vote on them. People are running for election to the Assembly in Northern Ireland to make laws for Northern Ireland, yet, in vast swathes of the economy, they have no powers whatever—those laws are imposed on them by the European Union on a dynamic basis, in over 300 areas of law. In a modern 21st-century democracy, that raises severe problems about the democratic deficit.

I return to this particular amendment. Article 2 of the protocol confers no right on Northern Ireland citizens to have voting rights in an EU member state in which they choose to reside. Therefore, it would seem bizarre to argue that it confers rights on EU citizens to vote in Northern Ireland district elections—that seems totally incongruous and spurious, and it is a wrong-headed argument. For that reason, I would obviously oppose that amendment if it is pressed.

Afghanistan

Lord Dodds of Duncairn Excerpts

Tuesday 7th September 2021 Lords Chamber

[Baroness Evans of Bowes Park (Con)]

I thank the noble Baroness for her comments. I will certainly make sure that I raise her points with the relevant Ministers and departments; I will ask somebody to get back to her with further details.

[Lord Dodds of Duncairn (DUP)]

My Lords, I join others who have already commended the fantastic work of our troops, diplomatic staff and civil servants in getting so many people out of Afghanistan under very difficult circumstances. However, it is almost 20 years to the day since the events that gave rise to the invasion of Afghanistan in the first place. How confident are the Government that they, along with allies, will be able to prevent Afghanistan once again becoming a training base for terrorists? What action do the Government envisage in the coming months and years to address that serious issue?

Afghanistan

Lord Dodds of Duncairn Excerpts

Wednesday 18th August 2021 Lords Chamber

[Lord Dodds of Duncairn (DUP) [V]]

My Lords, the scenes from Kabul have filled me and many others with immense sadness, despair and anger—they would bring tears from a stone. I think today of the people who have served in Afghanistan and of the people who are suffering now. I salute our brave troops, as so many noble Lords have, those of our allies in the US and elsewhere, the Afghan interpreters and others who helped our forces. We think of the British personnel who sacrificed their lives and of how their families feel today, and of the immense loses among Afghan forces and civilians.

There is no point in glossing over the truth: our troops have not been defeated and their sacrifices are not in vain. But the US—the West, if you like—has, through a scandalously defective series of political and diplomatic decisions, allowed victory to turn into the ashes of defeat. As someone said, the hard yards have been done; to see 20 years of blood, sacrifice and billions of pounds end like this is heartbreaking. The veterans and their families will need help and support even more today than they did a week ago. I implore the Government to do everything they can, along with veterans’ charities, to reach out and give them that support.

The immediate priority is, of course, for the Government to do whatever it takes to get UK nationals and those who helped us and our allies out of Afghanistan. If, as the Government say, they saw this coming, can they explain why there is a desperate last-minute scramble to rescue people, which is mainly dependent on Taliban acquiescence? Is the reality not that there has been a catastrophic failure of intelligence, or perhaps more accurately, in relation to the United States, a failure of the Administration to listen? There needs to be an inquiry into all of this. President Biden’s speech the other day, blaming everyone and everything except his Administration’s precipitative pull-out, was truly awful.

We have a duty to Afghanistan and its people and we must be generous in allowing people from there to come here to settle if they are allowed to and they can. The word of the Taliban is worthless; we know their record on human rights. Their best allies are terrorist groups. What steps will the Government now take to stop Afghan territory being used as a base for terrorist training and a launch pad for terrorist attacks?

I fear that the US decision to pull out in the way that it has will have dire consequences. It sends a message to the terrorists and rogue states that the West can be defeated. It sends a message to our friends that, at the end of the day, they can be abandoned. It sends a message to those who want to live in freedom and with human rights guaranteed, especially the women and girls of Afghanistan, that we cannot be relied upon.

The lesson of Afghanistan must be that, if we are to intervene abroad, we must be prepared to stay the course, otherwise we need to be careful not to raise false hopes, embolden our enemies and destroy lives needlessly. The families of the 457 service men and women who died, the thousands injured and maimed, and the tens of thousands who served, must get the constant, enduring and effective support they need in the years ahead.

Covid-19: Road Map

Lord Dodds of Duncairn Excerpts

Tuesday 23rd February 2021 Lords Chamber

[Baroness Evans of Bowes Park (Con)]

I entirely agree with my noble friend. That is absolutely right and we have been at the forefront of that. He may be interested to know that we have also established a new partnership with vaccine manufacturer CureVac, which means that we are ready to build on our world-leading genomics expertise to develop new vaccines quickly if new variants appear. We have already placed an initial order for 50 million CureVac doses, in addition to the portfolio of more than 400 million doses that we have already secured. We believe that this will help ensure the ability rapidly to develop and deploy vaccines against any new variant or similar new diseases in the future.

[Lord Dodds of Duncairn (DUP) [V]]

My Lords, getting children back into schools for face-to-face teaching is critical and should be happening as quickly as possible. Can the Leader of the House say whether there has been contact by the Chief Medical Officer of England with the chief medical officers of the other countries of the United Kingdom to share his advice on that issue?

[Baroness Evans of Bowes Park (Con)]

I assure the noble Lord that the chief medical officers speak regularly on a whole range of subjects, including this one. I think the Chief Medical Officer for England mentioned this in the press conference yesterday. Certainly, there are ongoing discussions and the chief medical officers work extremely closely together on issues such as this.

Covid 19: Winter Plan

Lord Dodds of Duncairn Excerpts

Tuesday 24th November 2020 Lords Chamber

[The Deputy Speaker (Lord Haskel) (Lab)]

The noble Lord, Lord Blencathra, has withdrawn, so I now call the noble Lord, Lord Dodds of Duncairn.

[Lord Dodds of Duncairn (DUP)]

I thank the noble Baroness for the Statement. The Prime Minister said that the scientific cavalry is now in sight. Can I be assured that the squadrons of cavalry will all arrive on the battlefields of the United Kingdom together, so that care home workers, clinical staff and all the rest will be vaccinated and have access to rapid testing at roughly the same time?

[Baroness Evans of Bowes Park (Con)]

I hope that I have made it clear that we are working very closely with the devolved Administrations to make sure that these programmes and vaccines are rolled out. Obviously, the mass testing programme in England is the only testing programme, but we will be working with all the devolved Administrations to make sure that they have access to the tests and vaccines they need in order that we can all move forward together and, I hope, see some light at the end of the tunnel come the spring.

Business of the House

Lord Dodds of Duncairn Excerpts

Wednesday 30th October 2019 Commons Chamber

[Mr Rees-Mogg]

On airgun safety, I will write to the Minister who is responsible to get an answer. There will obviously be no time for a debate on it before this Parliament comes to a conclusion, but it is important that when Members raise questions, they get answers. I cannot always promise people the answer they want, but by and large, it is important that answers are given.

I note the hon. Lady’s point about the Historical Institutional Abuse (Northern Ireland) Bill. It seems that there may be an evolving consensus around that issue in this House.

[Nigel Dodds (Belfast North) (DUP)]

Just to emphasise the consensus on that point, I want to back up what has been said by the Chairman of the Northern Ireland Affairs Committee and other right hon. and hon. Members. This matter has been raised at every opportunity today in this House, including questions to the Prime Minister and to the Secretary of State for Northern Ireland. We do need to get the Historical Institutional Abuse (Northern Ireland) Bill through the House before the election. I really hope that the Leader of the House has heard the consensus he has talked about and will work on the basis of that consensus. I add to the point that we can do this very quickly and that it does need to be done. I look forward to his taking it forward.

[Mr Rees-Mogg]

I am very grateful to the right hon. Gentleman, our confidence and supply partner, for his important point. The message is loud and clear. There is—dare I say it?—some element of tension when the Government propose to bring Bills through quickly. There is sometimes criticism that it is being done too quickly. However, it is more normal in a wash-up period that things are done at a certain rate of knots than in other periods. I have heard what has been said, and I will ensure that it is passed on to all the relevant people.

Retirement of the Clerk of the House

Lord Dodds of Duncairn Excerpts

Wednesday 13th February 2019 Commons Chamber

[Nigel Dodds (Belfast North) (DUP)]

It is a great privilege and honour to follow the Leader of the House, the shadow Leader of the House and all the other right hon. and hon. Members who have spoken in this tribute to Sir David Natzler. I rise on behalf of my party colleagues and, I suppose, on behalf of the smaller parties in this House, to put on record our gratitude to Sir David for all the work, help and advice that he has given to us over many years and to Members before us who had occasion to work alongside him but who have now left this place. They will recall with fondness and gratitude his advice to them in times past.

The right hon. Member for Orkney and Shetland (Mr Carmichael) mentioned Sir David’s Presbyterian background. Coming from the Presbyterian tradition myself, I know what it is—certainly now—to be close to the establishment’s power and to understand it but not to be part of it. I have had to adapt to that. This reminds us that Sir David has had the great privilege, as Clerk Assistant and now as Clerk of the House, to be present in those distinguished positions at a time when we have had a full-blown coalition Government, then a traditional majority Government and now a Government who are in office through a confidence and supply arrangement. Within eight or nine years, every type of Government possible under the British constitution has been in place here, which is unique in the history of this country. Given those changing circumstances, his advice, experience, wisdom and expertise have been even more vital and invaluable.

The expenses scandal of 2009-10 has already been mentioned. That was a very difficult time for the House and for the Members who were here. Sir David’s wisdom and guidance at that time, and the work that he did on the reform of the House, were absolutely invaluable. His courtesy and his accessibility at all times to individual Members of our party and other parties are well known, and I want briefly but very sincerely to wish him and his wife and family a very happy and blessed retirement. I hope that they can enjoy it for many years to come.

Privilege (Withdrawal Agreement: Legal Advice)

Lord Dodds of Duncairn Excerpts

Tuesday 4th December 2018 Commons Chamber

[Nigel Dodds (Belfast North) (DUP)]

It is a pleasure to follow the hon. Member for Mid Bedfordshire (Ms Dorries). I do not agree with the main thrust of what she said, but she did make some useful and pertinent comments about what the Attorney General said yesterday in terms of the analysis of where we find ourselves. I agree with her and with other right hon. and hon. Members who have praised the Attorney General, his candour, his honour and what he brought to the House yesterday in terms of more truthfulness about what this deal actually means. By contrast to others who have been prepared to say things to the press and media, he came here, as a member of the Cabinet, and told us some of the unvarnished truth about this agreement. So I praise him for that and join the hon. Lady in what she has said, as I went through the adjectives that he used in his devastating commentary yesterday. He said that this deal was “a calculated risk”; that it was “unattractive”, “unsatisfactory” and “undesirable”; that it provided “no unilateral” exit clause for the UK; and that it was indefinite, with

“no unilateral right…to terminate”. —[Official Report, 3 December 2018; Vol. 650, c. 557.]

Yet he asked us to take it on trust that it would all never happen because, believe it or not, having spent 18 months negotiating all this, the EU and the Irish Government do not actually want to implement any of it.

The fact is that despite all the candour and all that was said yesterday, coming to this House to make an oral statement lasting two and a half hours and taking all the questions and providing the reasoned position paper does not actually fulfil the order given by the motion that was passed by this House, which was for the final and full advice provided by the Attorney General to the Cabinet to be published. The Government may not like the fact that that was passed by this House, but they cannot simply wish it otherwise.

During the debate on 13 November, they argued that they would do precisely what they have now done, and that was rejected by the House—the House passed a different motion. We do not particularly single out the Attorney General here, because, as he said in his statement yesterday, he wished that he was not in the position he was in. The Government as a whole are collectively responsible for deciding that they would simply ignore this binding, effective motion and revert to doing what they said they would do during the debate. Frankly, that cannot be allowed to stand. We have heard a lot of talk about precedent and about conventions of this House and respect for all that—surely, this is one area where the Government must respect the will of Parliament. They simply cannot set it aside.

The right hon. and learned Member for Rushcliffe (Mr Clarke), the Father of the House, in his intervention earlier, made an interesting and positive contribution about a way around this. Interestingly, the Government did not take that up. They did not take it up during this debate and they have not taken it up previously, so clearly it appears they are not interested—they certainly have not said anything publicly up to now—in taking that suggestion forward. What they have done is say, “No, no, it doesn’t matter what is said by this House. It doesn’t matter what other suggestions are out there. We are going to stick to the plan.” Obviously, the Government have a grid somewhere, where it is on the plan that they will publish this reasoned summary position paper and have a statement, and that is it. This House will have the final say, and I hope that it will reiterate what on 13 November it ordered to be done.

We are told that this situation is unprecedented. It was said in the other place yesterday that such advice can be published in exceptional circumstances. I have also heard the argument used that the advice is privileged, but of course in the lawyer-client relationship privilege belongs to the client, not to the lawyer—not to the person giving the advice. The lawyer has a duty to protect the client’s privilege, but the reality is that if the client waives that right, the lawyer—the provider of the advice—is quite at liberty to disclose it. So the argument about privilege is bogus.

The Attorney General said yesterday that he wished he could comply with the order of the House, but that it is not in the national interest or the public interest. I am afraid it is not the duty or job of any Minister to decide that. The House has decided what it wishes to do and it is not for a Minister unilaterally to override that with no good reason.

[James Heappey (Wells) (Con)]

The right hon. Gentleman is a patriot, and he therefore understands national security and the national interest. Does he agree that it is quite probable that in the legal advice that the Attorney General gave to the Government would have been an analysis of the strengths and weaknesses of the Irish Government’s position and that to publish that in full would hand to the Irish Government an advantage in any subsequent negotiation?

[Nigel Dodds]

I think the massive advantage to the Irish Government, other Governments and the European Commission in respect of future leverage over the negotiations is handed over in the withdrawal agreement. I do not accept what the hon. Gentleman says, because the Attorney General went on the record yesterday to say:

“There is nothing to see here.”—[Official Report, 3 December 2018; Vol. 650, c. 557.]

So there is obviously nothing of concern about national security in his advice. That is what he said himself.

The reality is that we had this debate on 13 November. The Government had the choice to vote against the motion and decided not to because they feared they would lose the vote. Their abstaining from a vote on an Humble Address cannot invalidate the motion, because that would set a very serious precedent.

Some of the legal advice that the Attorney General has given to the Cabinet—the advice it is crucial that we must have—has already been leaked by members of the Cabinet to the press and media. I think the Attorney General accepts that. The reality is that members of the Cabinet have already released to members of the press and media some of the advice given by the Attorney General in terms to the Cabinet. The Attorney General is somewhat estopped, if I may use a legal term, from saying that the rest of us are not entitled to have that advice. If some members of the media and press are entitled to have it, Members of this House are entitled to have it.

[Sammy Wilson (East Antrim) (DUP)]

Does my right hon. Friend agree that as the Government and the Prime Minister are going around the country trying to convince the populace that it is a good deal, this secretive approach only confirms in people’s minds that there is something to hide? If anything, the Government are scoring an own goal by refusing to publish the advice.

--- Later in debate ---

[Nigel Dodds]

I thank my right hon. Friend for that intervention. Indeed, that very point about the Government actually scoring a massive own goal, in their own terms, has been made not from these Benches but by a former Cabinet Minister on their own side and by many Government Members. My right hon. Friend sums it up very well. What is there to hide? Given that the Attorney has said that there is nothing to see and given the fact that the clear motion was passed by this House, it is now vital that that decision is enforced and the bogus arguments against it rejected.