Northern Ireland Protocol Bill

Debate between Mark Francois and David Lammy

2nd reading
Monday 27th June 2022 Commons Chamber

[Mr Lammy]

Yes, it needs to be improved, but the question is how. What is the best method to achieve that? Is breaking international law and placing ourselves in a situation in which our EU partners do not trust us the best way?

[Mr Francois]

Will the right hon. Gentleman give way?

[Mr Lammy]

Let me just make some progress, because I have been on my feet for a long time and lots of hon. Members want to contribute to the debate.

Our country’s reputation is a matter beyond party. It is hard won and easily lost. When this Bill was first mooted, the right hon. Member for Maidenhead (Mrs May) asked

“what such a move would say about the United Kingdom and its willingness to abide by treaties that it has signed.”—[Official Report, 10 May 2022; Vol. 714, c. 38.]

The hon. Member for Bromley and Chislehurst (Sir Robert Neill) said in a thoughtful piece on this legislation last week that our country

“benefits greatly from our reputation for keeping our word and upholding the rule of law...We should be very wary indeed of damaging that standing.”

The right hon. Member for North Thanet (Sir Roger Gale) said,

“I don’t see how…any member of parliament can vote for a breach of international law.”

Lord Anderson and Lord Pannick, who are among the most distinguished lawyers in the country, have called this Bill a “clear breach” of international law that

“shows a lack of commitment to the rule of law and to a rules-based international order that damages the reputation of the UK.”

And Sir Jonathan Jones QC, formerly the most senior lawyer in Government, has described the legal justification for the Bill as “hopeless.” This is, of course, the same distinguished lawyer who resigned last time the Government proposed legislation in violation of their own treaty commitments. On that occasion, the Secretary of State for Northern Ireland had the temerity to tell the House the truth about the Government’s plan to break international law in a “limited and specific way.”

This Bill breaks the withdrawal agreement in a broad and extensive way while maintaining the pretence that it is somehow compliant. I am not sure what is worse—to be open about breaking the law or to dress up a treaty violation with this flimsy and transparent legal distortion.

[Mr Francois]

The right hon. Gentleman is making a thoughtful speech. Will he confirm to the House that he has actually read the Northern Ireland protocol? If he has read it, will he remind the House of what article 13.8 says about the ability to amend or even supersede the protocol entirely?

[Mr Lammy]

The right hon. Gentleman has, like me, been in this House for many years. This is too serious an issue for any shadow Minister or Minister not to have spent the whole weekend working hard on the Bill, as he knows. He also knows that we all come to this House hopeful of reaching agreement, but very conscious of the lawbreaking that is going forward, so of course I have read it.

Undermining international law runs counter to Britain’s interest, damages Britain’s moral authority and political credibility, and risks emboldening dictators and authoritarian states around the world. It serves the best interests of those who want to weaken the rule of law, and it is unbefitting of this great country.

This Bill not only contravenes international law but affords the Government extraordinary powers and denies proper respect to the role of this House. Fifteen of the 26 clauses confer powers on Ministers. The Hansard Society, not an organisation known for hyperbole, has called the powers given to Ministers “breathtaking.” Professor Catherine Barnard of Cambridge University has called these powers “eye wateringly broad.”

Ministers may use these powers whenever they feel it appropriate. Clause 22 allows them to amend Acts of Parliament, and clause 15 gifts them the power to disapply other parts of the protocol, potentially including the article on democratic consent in Northern Ireland. Ministers could use secondary legislation to change not just primary law but an international treaty. This is a power grab so broad it would make Henry VIII blush.

Clause 19 allows Ministers to implement a new deal with the European Union without primary legislation. Do Conservative Back Benchers really want to give any Foreign Secretary that power? This is brazen Executive overreach. It is an act of disrespect to Parliament and all MPs should reject it.