Duchy of Lancaster Estate 2020-21

Michael Ellis Excerpts

Monday 13th December 2021 Written Statements

[The Paymaster General (Michael Ellis)]

My noble Friend the Minister for Efficiency and Transformation, Lord Agnew Kt, has today made the following written statement:

I have today laid before Parliament, pursuant to section 86 of the Climate Change Act 2008, the “State of the Estate in 2020-21”. This report describes the progress made on the efficiency and sustainability of the central Government estate and, where relevant, records the progress that the Government have made since the previous year. The report is published on an annual basis.

[HCWS470]

Brexit Opportunities: Review of Retained EU Law

Michael Ellis Excerpts

Thursday 9th December 2021 Written Statements

[The Paymaster General (Michael Ellis)]

My noble Friend the Minister of State, Cabinet Office, the right hon. Lord Frost CMG, has today made the following ministerial statement:

On 16th September 2021 I announced a review of “retained EU law” (REUL). This refers to the very many pieces of EU legislation which have flowed into the UK legal system during our EU membership, through the European Communities Act 1972 as an obligation of membership and without any ability for Parliament to change them. It also covers EU case law and principles. To ensure continuity and certainty immediately after Brexit, REUL was taken onto our own statute book through the European Union (Withdrawal) Act of 2018.

However, while this was an important short-term bridging measure, it does not represent the right long-term end point for the UK and our statute book. Many laws that were retained are not necessarily right for the UK as an independent country, and there are anomalies and uncertainties which remain over the precise status of REUL as part of the UK's domestic law. Accordingly, we have now launched two reviews: the first into the substance of REUL, and the second into its status in law. This statement sets out the progress that has been made so far and the next steps.

Our overall intention remains, in time, to amend, replace, or repeal all the REUL that is not right for the UK.

On the substance review, I have directed Government departments to establish the content of REUL in policy areas for which they are responsible, and to consult stakeholders as necessary. There is no authoritative assessment by Government of which policy areas are most affected by REUL. This first review will deliver such an assessment, and enable us to establish which sectors of the economy and which departments are most affected by REUL.

On the second review, into the legal status of REUL, we have identified the following seven areas where EU law concepts, retained by the EU Withdrawal Act, still affect the UK even though we have left the EU:

Under the European Union (Withdrawal) Act, rights under treaties and directives which had direct effect in UK law whilst we were a member state have been incorporated into domestic law. Many of these rights—like respect for human rights and equal pay for men and women—replicate rights that were already part of UK law, separately from our EU membership. We want to ensure, to the extent appropriate, that the UK law-derived rights relied on in our legal system are not confused or overlaid with EU-derived rights. If required, we will also clarify the scope of directly effective rights in directives, saved as REUL under section 4 of the Act, to make it clear that only those rights which have already been recognised by the CJEU or the UK courts are incorporated.

Even though we have left the EU, the UK courts are still required to interpret REUL in accordance with retained general principles of EU law, such as proportionality and the protection of legitimate expectations, so far as those principles are relevant. These general principles have developed in the EU over the years to apply to the laws as they exist in the EU system. But REUL is now UK law derived from EU sources, so we need to consider whether this new body of UK law should be interpreted under UK principles of interpretation, or under those that apply to the EU treaties and legislation developed for member states.

Currently, under the European Union (Withdrawal) Act 2018, REUL has a special and unusual status in UK law. Whatever its original EU legislative form (for example, a regulation or treaty article), for some purposes REUL is treated as UK primary legislation, and in other cases its status depends on its original form (with a significant number automatically accorded the status of primary legislation). Accordingly, we will be revisiting the legislative framework in the European Union Withdrawal Act and the operation of such REUL, so that it is given a more appropriate status within the UK legal system for the purposes of amendment and repeal. That status should reflect the fact that Parliament had no ability to block or amend such legislation once agreed in Brussels, indeed it often had no meaningful democratic scrutiny in the UK at all. Accordingly, this aspect of the review will consider whether, and if so, how, REUL could be amended or repealed by an accelerated process, with appropriate oversight, given the unsatisfactory nature of its original incorporation.

The EU concept of the ‘supremacy of EU law’—which forces all other UK legislation to be interpreted so as to give way to EU law where there is a conflict (even if EU law was overridden by subsequent non-EU sourced UK law)—has been preserved by the 2018 Act so far as relevant to the interpretation, disapplication or quashing of domestic law passed or made before the end of the transitional period. This interpretative concept is alien to the UK legislative principles, whereby later parliaments (and their laws) can override earlier parliaments. This concept never sat well with our long established democratic and parliamentary traditions, and now we have left the EU is clearly no longer appropriate. We will consider the issue and it is likely that we will propose removing the concept from the statute book.

Under the 2018 Act, in interpreting REUL, UK courts remain bound by EU courts and their decisions issued before the transition period ended. Only the Supreme Court or certain appellate courts have the power to depart from such case law. REUL is UK law which is derived from a (now) foreign source. In all other cases, when UK legislation draws on foreign models, its courts are not bound by foreign case law, although it may be persuasive. Accordingly, we need to consider the anomalous status of EU case law, and we will be revisiting the issue of which UK courts should be able to depart from retained EU case law, and on what basis.

The Court of Justice of the EU may, from time to time, declare an EU instrument invalid under EU law. In addition to the general process for addressing REUL which is no longer right for the UK, we propose to ensure that the retained version can be swiftly removed when the original EU law measure has been declared invalid under EU law.

The review will also consider any consequential actions, such as updated guidance relating to the courts (for example, on the treatment of EU case law) and the place of EU law in legal education.

We will continue to develop policy proposals at pace. My officials will be consulting widely with internal and external stakeholders, including from the judiciary, legal practice, academia, and industry to ensure that any proposed legislative and non-legislative solutions are thoroughly tested.

We will incorporate Parliament’s views, including through targeted engagement with select committees, to ensure the outcomes of the review into REUL status are robust. Our aim will be to issue proposals in the spring, and legislate as soon as parliamentary time allows.

Any individual or group with relevant expertise that wishes to be involved in this review should contact the Brexit Opportunities Unit in the Cabinet Office.

( [e-mail]).

[HCWS460]

Downing Street Christmas Parties Investigation

Michael Ellis Excerpts

Thursday 9th December 2021 Commons Chamber

[Fleur Anderson (Putney) (Lab)]

(Urgent Question): To ask the Minister for the Cabinet Office if he will make a statement on the details of the investigation into Downing Street Christmas parties.

[The Paymaster General (Michael Ellis)]

As the Prime Minister said to the House yesterday, he understands and shares the anger up and down the country, as do I, at seeing No. 10 staff seeming to make light of lockdown measures. I join the Prime Minister in apologising unreservedly for the offence that it has caused to people who have been through what everyone in this House knows is immeasurable pain and hardship as a result of this appalling pandemic. The Prime Minister has been repeatedly assured since these allegations emerged that there was no party and that no covid rules were broken. However, the Government also recognise the public anxiety about this and the public indignation—and I share that—in the sense of where it appears as though the people who have been setting the rules may not have been following the rules.

As the Prime Minister confirmed to the House yesterday, he has asked the Cabinet Secretary to investigate the facts, and I would like to update the House now, if I may, on the details of this investigation. The terms of reference for the investigation are being published, and I will lay a copy in the Library of the House later today. I can confirm to the House that the Cabinet Secretary’s investigation will establish the facts surrounding the allegations made of a gathering at No. 10 Downing Street on 27 November 2020, a gathering at the Department for Education on 10 December 2020 and allegations made of a gathering at No. 10 Downing Street on 18 December 2020.

The primary purpose of the Cabinet Secretary’s investigation will be to establish swiftly a general understanding of the nature of the gatherings, including attendance, the setting and the purpose, with reference to adherence to the guidance in place at the time. If required, the investigation will establish whether individual disciplinary action is warranted. The work will be undertaken by officials in the Cabinet Office at the direction of the Cabinet Secretary, with support from the Government Legal Department. Those officials will have access to all relevant records and be able to speak to members of staff.

As with all internal investigations, if during the course of the work any evidence emerges of behaviour that is potentially a criminal offence, the matter will be referred to the police and the Cabinet Office’s work may be paused. I must emphasise that the matters relating to adherence to the law are properly for the police to investigate, and the Cabinet Office will liaise with the police, as appropriate. All Ministers, special advisers and civil servants will be expected to co-operate with this investigation.

Finally, I can confirm that, as I have said, the findings of the investigation will be provided to the House and made public. Following the long-standing practice of successive Administrations, any specific HR action against individuals will remain confidential.

--- Later in debate ---

[Fleur Anderson]

Thank you, Mr Speaker, and I thank you, too, for granting this urgent question today. I also thank the Paymaster General for his statement and for giving more information about this investigation.

Trust is vital during a pandemic—trust in the decisions being made and, most importantly, trust in the people making those decisions and the judgment about them. My constituent Sophie wrote to me yesterday to say:

“My mother died of Covid on Christmas Day last year—she was alone and frightened in an isolation room in hospital on 18 December while the alleged party was happening. She was admitted to hospital for a non-Covid related issue and contracted the disease whilst in there. Both of us had followed the rules and it breaks my heart that I was only able to see her a handful of times last year, and couldn’t be with her in her final moments.”

She is angry; people across the country are angry.

I welcome the Prime Minister’s announcement that he has asked the Cabinet Secretary to conduct an investigation. I have asked for this urgent question as there are further urgent questions to be asked about the investigation into the parties—we do not need to call them alleged parties; they were parties—held in a Government Department or by Government Ministers elsewhere. Are there more parties that we need to hear about? Is this investigation just a way of being able to say, “We’re doing something” while pushing it into the long grass, or is it a serious investigation?

The Prime Minster said yesterday:

“I have been repeatedly assured…that there was no party and that no covid rules were broken…But I have asked the Cabinet Secretary to establish all the facts.”—[Official Report, 8 December 2021; Vol. 705, c. 372.]

Who gave these repeated assurances? If there was no party, why did Allegra Stratton feel the need to resign? Is she taking the fall instead of Government Ministers? If this investigation finds that the Prime Minister has misled the House, will he resign?

I look forward to the publication of the terms of reference for the investigation later today. Will it include all the parties—not just the three but any others that were held? Who went to these parties? Can the Minister confirm that the Cabinet Secretary and the remainder of the legal team that has just been referenced did not go to any of the parties and so are able to conduct the investigation without personal interest? If they happened, who colluded for a year in the cover-up of these parties? When is the deadline for the investigation? How will the outcomes be made public? Is there any limit on the sanctions that will be given to people found to have been in the wrong?

I welcome the assurance from the Paymaster General that the matter will be referred to the police if there is a case to answer. We on the Opposition Benches will be following what happens very closely.

Finally, will the Government just be straight with the British people?

[Michael Ellis]

May I first say that my heart goes out to the hon. Lady’s constituent and the many thousands of other people who have lost loved ones as a result of this pandemic?

As I said in my opening remarks, the investigation will be conducted by the Cabinet Secretary. I know that the hon. Lady and those on the Benches behind her as well as everyone in this House has confidence in the independence and integrity of our civil service; the Cabinet Secretary heads the civil service and he is conducting this investigation. How long it lasts will be a matter for him, and the matter will, if it discloses criminality, be reported to the Metropolitan police for further investigation. In previous ministerial roles as a Law Officer—Solicitor General and Attorney General—I superintended the Government Legal Department, another organisation which of course has integrity and the confidence of all; it will be supporting the investigation. All those who are questioned by the investigation—civil servants, special advisers, Ministers—will be expected to co-operate with it. I hope that answers the hon. Lady’s questions.

[Sir Desmond Swayne (New Forest West) (Con)]

Would it be helpful if there were a greater understanding of the fact that No. 10 is not a house but a front door, behind which there is a suite of modern offices and meeting rooms across three floors? It is perfectly possible to be in the rafters above No. 11 completely isolated from what else is happening in the building.

[Michael Ellis]

It is certainly true, as a matter of geography, that No. 10 Downing Street is a very large property with a multitude of offices and with many, many people working inside it. In that sense, of course—geographically—my right hon. Friend is absolutely correct.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

On 16 December, on national television, the Prime Minister asked everyone to exercise

“the greatest possible personal responsibility.”

London also went into tier 3 restrictions, which stated:

“No person may participate in a gathering… You must not have a work Christmas lunch or party,”

whether it was in an office or in somebody’s flat upstairs.

On 18 December, Dr Katherine Henderson of the Royal College of Emergency Medicine stated on the BBC:

“We are at a really dangerous point which could tip into finding it incredibly difficult to manage.”

The same day, 514 people died of covid-19. I am sure the NHS and those in care homes were already over the tipping point.

On 18 December, the Prime Minister stated:

“If you are forming a Christmas Bubble, it’s vital that from today, you minimise contact with people from outside your household.”

The evening that statement was given by the Prime Minister in Downing Street, a Christmas party was held in No. 10, where officials knocked back glasses of wine during a Christmas quiz and a secret Santa. I wonder whether the Paymaster General agrees with me that if something looks like a duck, walks like a duck, quacks like a duck and it is at a Christmas party, it is usually a duck.

--- Later in debate ---

[Michael Ellis]

No doubt, if the hon. Gentleman has any evidence, he may wish to supply it to the Cabinet Secretary or the police. He has rehearsed to the House what regulations were in place at the time, and the reality is that that is accepted. What we need to do is investigate the matter of these gatherings. I have said what the primary purpose is going to be, which is to establish swiftly a general understanding of the nature of any gatherings that took place, including attendance, the setting and the purpose. That is what the investigation is all about.

[Theresa Villiers (Chipping Barnet) (Con)]

There is understandable real public anger about what seems to have happened at Downing Street, and that is contributing to people’s unhappiness and discontent with renewed covid restrictions. Will the Government do everything they possibly can to lift the current restrictions as soon as it is safe to do so and ensure that Christmas is not cancelled?

[Michael Ellis]

I am grateful to my right hon. Friend for her question, and I share the anger. The reality of the matter is that we are focusing on the pandemic as a Government and as a nation. We need to ensure that everything is done to protect the people of this country from the effects of this pandemic, and that of course is going to be the principal focus going forward, as it has been throughout. However, we will always follow the science, and the Secretary of State for Health and Social Care will have more to say in due course on the situation.

[Dame Angela Eagle (Wallasey) (Lab)]

First, my sympathies go out to the right hon. and learned Gentleman for drawing the short straw on coming here this morning to answer the urgent question. Can he explain to me the difference between a party and a “gathering”, in his understanding of the vocabulary? I note that he did not actually confirm that the “gatherings” or parties that we now know happened in No. 10 on 13 November, 27 November, 10 December, 14 December and 18 December will be within the scope of this so-called inquiry, which many Opposition Members already see as a cover-up.

[Michael Ellis]

The issue of the nature of the gathering goes to the heart of the investigation. Therefore, the answer to the hon. Lady’s first question about the nature of the gathering will be established by the Cabinet Secretary, assisted by the Government Legal Department, who will inform the police if any criminality is uncovered. So those questions will be answered in due course.

[Mr Peter Bone (Wellingborough) (Con)]

I should say at the start that I think Boris—sorry, the Prime Minister—is doing a great job of running the country. I congratulate the hon. Member for Putney (Fleur Anderson) on securing the urgent question. I think the Paymaster General, my right hon. and learned Friend the Member for Northampton North (Michael Ellis) missed one of the questions she put, so may I put the question again? It is quite right for the Prime Minister to come to this House and say that he was told by someone, accepted it and did so in good faith. I want to know who the person was who told him. Perhaps the excellent Minister—he does not need any protection—will tell us that answer.

--- Later in debate ---

[Michael Ellis]

I do not have that answer. What I will say, as I have already said, is that, if required, the investigation will establish whether individual disciplinary action is warranted. That will be one of the principal focuses of the investigation. It will be ongoing and it will be in the public domain as soon as it is ready.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

In which case, can we get an assurance that the Cabinet Secretary was not involved in giving the assurances to the Prime Minister? If that is not able to be given, then it is quite inappropriate for him to be in charge of the investigation. The question of legal advice also arises because the Prime Minister asserted that no rules were broken. Will the advice on which that assertion was made be given to the inquiry when it is held? On the question of the possibility of the investigation being passed on to the police, will people interviewed by the inquiry be interviewed under caution? The Minister, as a former Law Officer, will know that there is a risk of contamination of evidence that has been obtained in an internal inquiry unfairly, which would then prejudice prosecutions in the future.

[Michael Ellis]

The right hon. Gentleman is jumping ahead with his last point. Of course, whether or not there will be any police investigation is dependent on whether the investigation by the Cabinet Secretary uncovers any suggestion of criminality, which is then referred to them. If that then happens, that is entirely a matter for the police and not, of course, for the Government. I know the Cabinet Secretary. The right hon. Gentleman makes a suggestion about that. I have confidence in the integrity of the Cabinet Secretary. I also know the Prime Minister and I have confidence in the integrity of the Prime Minister. I have known the Prime Minister for many years. The Prime Minister is a man of honour and integrity, and he presented to this House his position yesterday. What I would say to the right hon. Gentleman is that he should wait and see what the investigation uncovers.

[Martin Vickers (Cleethorpes) (Con)]

If it turns out that one of these gatherings involved politicians or Ministers, it is clearly of a very different order to half a dozen members of staff bursting open a bottle of prosecco and having a drink before they departed for Christmas. [Interruption.] That does not excuse it. If it is the case that it was indeed members of staff, it begs the question what sort of supervision and management structure there is. Who was the supervisor? Who was the senior person concerned? Who should have been able to discipline this matter? Can the Minister assure me that a proper management structure is being looked at again, to make sure that this could not happen in the future?

[Michael Ellis]

The matter my hon. Friend raises is a matter for the inquiry to uncover, but I can assure him that the people who work in No. 10 Downing Street, including over the pandemic, are hard-working industrious people who are seeking to serve their country. They work very hard to do that. What he mentions is a matter of great concern to the people of this country, as it is to me. We all wish to know the terms of the investigation, and I have announced to this House what the terms and the scope of the investigation are. They will clearly be published and a copy of the terms will be laid in this House.

[Nick Smith (Blaenau Gwent) (Lab)]

Revelations of the 18 December gathering in No. 10 Downing Street have triggered much anguish across the country, so may I press the Minister on how exactly the Government Legal Department will support the investigation?

[Michael Ellis]

The Government Legal Department can provide support in a number of ways, and it will be up to the Cabinet Secretary to decide how he wishes to seek its support. One of the things he could do, for example, is ask for its advice as to the legal position on various matters. There are myriad ways that the Government Legal Department can help and give advice. It will be up to Simon Case as Cabinet Secretary, who heads the home civil service, to deal with the matter.

[Bob Blackman (Harrow East) (Con)]

I am sure that the whole House will wish to pass on our congratulations to the Prime Minister and his wife on the birth of their new child today. The Paymaster General has been very careful in his words when addressing the House, but does he agree that one of the key issues is that those who are making draconian rules have to live by not only the letter of the rules, but the spirit of them?

[Michael Ellis]

I thank my hon. Friend for mentioning the news that, in the past few minutes, the Prime Minister and Mrs Johnson have been safely delivered of a baby girl. I am sure that the whole House will want to send them best wishes.

My hon. Friend’s point is understood. He is right to say that the public are angered by this matter. We share that anger and the matter must be investigated. Of course, people should follow the rules and it is crucially important that they continue to do so. That goes without saying and it applies to everyone.

[Afzal Khan (Manchester, Gorton) (Lab)]

Everyone experiences bereavement differently, but for those of us who have lost loved ones during the pandemic, there is a sentiment that increasingly unites us: anger. I am angry that while my mum lay dying in hospital, I could not hold her hand. I am angry that I had to bury my father-in-law and mother-in-law two days apart. Above all, I am angry that members of this Government could be so flippant, so callous and so arrogant as to host not one, not two, not three, but seven parties and then lie about it. Will the Minister confirm that the Cabinet Secretary will also investigate what happened on 14 December and 13 November, which he missed out? Will he also confirm that the Cabinet Secretary will have access to all documents, electronic communications, visitor logs and CCTV footage relating to the reported incidents?

[Michael Ellis]

I start by saying how very sorry I am to hear of the hon. Gentleman’s personal losses, and I offer my profound condolences for them. I know that there are many thousands around the country who have also had personal losses and my heart goes out to them, too.

The hon. Gentleman referred to the flippancy of a video recording that is in the public domain. It was totally unacceptable, grossly inappropriate and, frankly, inexcusable. I can say no more than that, and I will not try to go behind that. We are going to investigate. The Cabinet Secretary, of course, is non-political. He has the authority, as one would expect of the head of the civil service, to call for whatever material—whether it be documents or otherwise—that he wishes, and he will have the support and assistance of the several thousand lawyers in the Government Legal Department and of others if he needs it.

[Mr Philip Hollobone (Kettering) (Con)]

My constituents in Kettering are very angry indeed at reports of Christmas parties in Downing Street during what was a very large second wave of covid. The behaviour was totally inappropriate and possibly criminal. Does my right hon. and learned Friend agree that serving the public, whether as a Member of Parliament or as a civil servant, is a privilege and that the public should be treated with respect at all times, including with behaviour inside Downing Street?

Will my right hon. and learned Friend answer a question from the hon. Member for Putney (Fleur Anderson) that I do not think he answered in his response? If the Cabinet Secretary or any members of the investigatory team were at any of these parties, will he ensure that they do not take part in the investigation?

[Michael Ellis]

I agree, of course, that it is a privilege and an honour for all of us to serve our constituents in this honourable House. What I can say is that my understanding is that the Cabinet Secretary has denied any attendance at any gathering that is the subject of this matter, but the reality of the matter is that he can therefore be said to be completely separate at the head of the civil service and able to conduct a thorough investigation, as one would expect from someone with his seniority. I reiterate that he has—I am told—indicated that he was not at any relevant gathering.

[Owen Thompson (Midlothian) (SNP)]

Over the period of the pandemic, people have been unable to have office Christmas “gatherings”, children’s birthday “gatherings” or any other type of annual “gatherings” that they would often have. I certainly hope we will not find that it is the drinks cabinet office that is investigating these matters.

Sanctions against staff have been talked about, but we need to be clear that if any wrongdoing is found, sanctions will also need to be taken against any Members, regardless of what office they may hold. Will the investigation look at whether there have been any breaches of quarantine at any of these “gatherings”?

[Michael Ellis]

The Prime Minister said yesterday to this House that Ministers, special advisers, civil servants and anybody else would be subject to disciplinary action if appropriate, so that applies. I hope that that answers the hon. Gentleman’s question.

[Sir Christopher Chope (Christchurch) (Con)]

The Minister said that

“Ministers, special advisers and civil servants will be expected to co-operate”.

What will happen if they do not co-operate? Will they be required to incriminate themselves? Does this also apply to other guests present, including members of the press?

[Michael Ellis]

Mr Case, the Cabinet Secretary, will have to determine how he wishes to deal with that matter. One would expect him to take a robust course.

[Derek Twigg (Halton) (Lab)]

My constituents, like those of a lot of hon. Members here today, are very angry about what has gone on at this party. They have made sacrifices throughout the year, and they think that one of the outcomes of this should be the resignation of the Prime Minister. He should take full responsibility for the incompetence that has been going on in his Government.

I think it is important to get to the point here. Surely someone yesterday must have asked the person at the rehearsal for the press conference who asked Allegra Stratton the question about the party why he asked that question. We would like to know the answer to that.

Secondly, to come back to the point made by the hon. Member for Wellingborough (Mr Bone), I am sure that the Minister wants to come to this House fully briefed and to respect the House for what it is. Before he came here today, did he not ask anybody at No. 10 who briefed the Prime Minister that no party took place?

[Michael Ellis]

I share the hon. Gentleman’s constituents’ anger. I know that they will be representative of constituents around all the parties. [Hon. Members: “Gatherings!”] The fact of the matter is that the gatherings will be investigated for what they were and for the scope thereof, and I think he knows that.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

A No. 10 source has told CNN that Downing Street was an island where they had to work, and lockdown was not happening in the same way there as it was happening for the rest of the country. That single sentence sums up the culture of entitlement of this Government. No man, or woman, is an island—and, of course, we must remember for whom the bell tolls. Does the Paymaster General think it is right that the Prime Minister can get away with throwing staff members under the bus, rather than reining in the culture of entitlement that he himself has created?

[Michael Ellis]

The right hon. Lady quotes John Donne. It is true that no man is an island entire of itself, but we know that there is no culture of entitlement, and I do not recognise that characterisation. An investigation will be launched by the Cabinet Secretary. It will uncover what needs to be uncovered and the details will be ascertained.

The right hon. Lady referred to the key workers who have had to work in myriad different ways during the pandemic and its various stages. Of course we appreciate the work that all our key workers do, in whatever capacity.

[Chris Elmore (Ogmore) (Lab)]

At the beginning of the year, because I was following rules, I almost missed the birth of my son. I was told that I had to protect nurses and midwifery staff in the hospital where my wife had an extremely complicated labour. It would seem that, just five weeks earlier, Downing Street was holding soirées, or gatherings, or parties, while my wife and I—and many of my constituents, and people all over the country—were dreading and living in fear of not having their birthing partners present at the beginning of what are often very complicated processes. I think it is deeply shameful that the Paymaster General—whom I believe to be an honourable man—should stand there defending the completely and utterly indefensible behaviour of the Prime Minister, possibly other Ministers, and civil servants in thinking that they were simply above the rules that everyone else was told they had to follow.

I would like a straight answer—yes or no—from the Paymaster General. Did any Minister or Conservative MP attend any event, soirée or whatever he wants to call it that allegedly broke covid rules in Downing Street last year on 13 or 27 November or on 10, 14 or 18 December? If they did, they should be sacked and they should be investigated by the police.

[Michael Ellis]

I am sorry that the hon. Gentleman experienced the personal effect of the pandemic that he has described to the House and I am sorry that he missed out on the birth of his child. He asked about the nature of the people who attended any gathering. That is exactly what the investigation will establish—whether there was a gathering, the nature of it, the scope of it, any attendees and so on. That is exactly what it will be all about and the hon. Gentleman will hear the result in due course.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Does the Paymaster General agree that the one person who has come out of this with any shred of integrity is Allegra Stratton? I have known Allegra for many years. She is a first-class journalist, a woman of honour and a very nice person, and I am sure that she would not have agreed to the description “a gathering in the attic”. She is a woman of integrity, and I admire the fact that she had the honesty to resign yesterday.

[Michael Ellis]

I thank the hon. Gentleman for saying that. It was, if I may say so, characteristically generous of him. I do not personally know Ms Stratton, but I am absolutely sure that he is right. She was clearly mortified yesterday, and extremely upset by what has happened.

We all, in our day-to-day lives, seek to do the best we can to represent our constituents and serve in the public interest. I know the hon. Gentleman has done that for many years, and I thank him for it.

[Ms Anum Qaisar (Airdrie and Shotts) (SNP)]

The Christmas party debacle proves further what we all know—this Government are sneaky, manipulative and corrupt, and believe they are above the law. Even their own Back Benchers are fed up. We in the Scottish National party have repeatedly called for the Prime Minister to resign because it is the morally right thing to do, so I ask this question: are reports that the resignation of the Prime Minister is dependent on a decision by rich Tory donors true?

[Michael Ellis]

I do not understand the nature of the hon. Lady’s question—[Interruption.] She does not know the Prime Minister. I do know the Prime Minister and have done for many years. He is a friend of mine and I know him to be a man of honour and integrity who is working hard in the interests of the people of this country, and she should reflect on the public service that all in the Government and the Opposition do to the best of their abilities.

[Andy McDonald (Middlesbrough) (Lab)]

From Collette in Middlesbrough:

“During lockdown, my 74-year-old mam was really lonely and depressed, but obeyed all the rules, as we all did. She sadly passed away in January 2021 alone in her flat. We were only allowed 30 people at the funeral so lots of mam’s friends and family were unable to attend. Nor were we able to have a wake to celebrate her life afterwards and comfort us. The government robbed us of that. So how dare they break the rules and hold a Christmas party. I’m crying as I’m typing this email, been crying since I watched the news yesterday. People must be held accountable and police action taken. We cannot let them get away with it.”

So instead of Allegra Stratton carrying the can, will the Prime Minister for once in his privileged, narcissistic, cheating existence do the right thing and resign?

[Michael Ellis]

My condolences to the hon. Gentleman’s constituent. The Prime Minister has said, as I have said from this Dispatch Box, that disciplinary action will be taken if appropriate. I hope that the hon. Gentleman’s constituent can be reassured by that. As to the course of action the police choose to take, if any, that is a matter entirely independent of Her Majesty’s Government; it will be up to the police as they are operationally independent. We have said that the Cabinet Secretary will involve the police if, during the course of his investigation, he uncovers any criminality.

[Lilian Greenwood (Nottingham South) (Lab)]

The Prime Minister has repeatedly told this House that all covid rules were followed in Downing Street. Will the Minister publish the covid risk assessments undertaken prior to any parties, social events or gatherings that took place on Government premises in November and December last year?

[Michael Ellis]

I have noted what the hon. Lady says. That will be a matter for the Cabinet Secretary, and he will be free to seek any documents he needs during the course of his investigation.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

We have rightly heard much about the consequences of the Downing Street parties on the moral leadership of this Government at a time of crisis. The response of the Met police thus far, in refusing point blank to investigate, must also be called into question at a time when several instances of the breaking of covid regulations in December last year have been prosecuted in the courts. With important regulations being reinstated, does the Minister think that the lack of respect that many will now accord this Government and the police is a dangerous combination for public compliance?

[Michael Ellis]

I am sorry that the hon. Gentleman chooses to criticise the police. The police are entirely independent in this country, and they make their decisions based on the evidence before them. It is entirely a matter for them, and it is not appropriate for me to comment on the operational actions of the Metropolitan police or anyone else in the police service. I have great confidence in the Commissioner of the Metropolitan Police and in the service of the Metropolitan police to this country.

[Wera Hobhouse (Bath) (LD)]

I, like many in here, have met constituents who have lost loved ones, and I have seen the immense sadness that this has caused. I feel that my constituents and many others have been utterly betrayed, so can the Minister explain how the Government are planning to regain public trust, now that stricter plan B rules are being introduced once again?

[Michael Ellis]

Public trust is of paramount importance and it is necessary because we want to relay to the public the need for caution in dealing with this pandemic and the necessity of getting a booster vaccination—more than 20 million people have now had a booster vaccination. It is of paramount importance that the general public continue to exercise caution in all their dealings because the effects of this pandemic are what we know them to be, and I offer my condolences to the hon. Lady’s constituents on the loss they have suffered. We need to focus on ensuring the pandemic, which has robbed this country of so many precious lives, is dealt with as effectively and as efficiently as possible. That is what the Government have done, that is what the Government are continuing to do and that is what the Government will do.

[Matt Western (Warwick and Leamington) (Lab)]

The Government are supposed to be lawmakers, not lawbreakers. When these gatherings, parties or whatever were happening, across Coventry and Warwickshire we have had 5,000 incidents in the last 20 months in which people have been fined for breaking the law: a bar in Leamington was fined £10,000 for having a gathering; 200 Warwick University students were fined for holding various events; and another pub landlord was fined £1,000. “Party” is a synonym for “gathering.” These were not business meetings, were they?

[Michael Ellis]

That is exactly what the investigation seeks to uncover. If there was a gathering, it seeks to uncover the nature of that gathering.

[Carol Monaghan (Glasgow North West) (SNP)]

The issue is not the however many gatherings. The Prime Minister has made a litany of errors, any one of which would have caused a decent Prime Minister to resign, whether it is the illegal Prorogation, the Barnard Castle incident, the comment on letting bodies “pile high in their thousands,” the chaotic withdrawal from Afghanistan that has cost lives or the scandal surrounding Owen Paterson. Is it not time for the Prime Minister to go back to watching “Peppa Pig” and leave the grown-ups to lead the country?

[Michael Ellis]

As the hon. Lady knows, the Prime Minister has been given repeated categorical assurances about the party that has been alleged. The reality of the matter is that the allegations are just that. She makes those allegations and the nature of the investigation is to discover whether any gathering was in breach of any regulations. It has been made clear that, if there was a breach of any regulations, disciplinary action will follow, but these are gatherings that occur on a regular basis.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

An event, gathering or party is

“any group of three or more persons who have assembled or gathered together for a social occasion or other activity.”

The Prime Minister has repeatedly said there was no party. The Minister now talks of a gathering. So does the Prime Minister now doubt his own version of events? Will the Cabinet Secretary also be investigating the cover-up of parties and gatherings at No. 10 Downing Street?

[Michael Ellis]

The hon. Gentleman should wait for the scope of the investigation, which will be made clear in a document laid in the Library of the House later today.

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

When, in early December last year, Kay Burley of Sky was busted for having a birthday party in then tier-2 London, she was contrite and accepted a six-month ban from the airwaves. In the interest of consistency, we saw a similarly distressed Allegra Stratton walk the plank yesterday. Will any male members of the Government or prominent public figures face a similar six-month ban? If not, why are women always the fall guys?

[Michael Ellis]

I do not recognise the hon. Lady’s characterisation of the matter. We have made it clear that there will be disciplinary action if the Cabinet Secretary uncovers any cause for such action.

[Stephen Flynn (Aberdeen South) (SNP)]

In December last year, my friend sat with his dad to write a list of the people who would be permitted to attend his mum’s funeral. At the same time, we now know No. 10 was hosting myriad parties that the Prime Minister claims to know nothing about, despite the fact they happened in his own house. Surely even the Minister must accept that a Prime Minister who seeks to protect partying, indeed a Prime Minister who seeks to protect himself, rather than protecting the integrity of public health messaging, is no Prime Minister at all.

[Michael Ellis]

The hon. Gentleman says that we “know” certain things, but we do not—they are unproven allegations. That is why we have an investigation, just as investigations take place when other allegations are made every day in police and other affairs. What we will seek to do, through the Cabinet Secretary, is investigate the allegations that the hon. Gentleman and others make.

[Richard Thomson (Gordon) (SNP)]

Now that the Paymaster General has had the opportunity to hold a gathering of his own, at least when it comes to his thoughts on this matter, will he heed the injunctions of the hon. Member for Ogmore (Chris Elmore) and expand the scope of this investigation to include all alleged instances of “gatherings”—or whatever we might like to call them—related to the Government on government property? Given that the Metropolitan police have, to date, shown a marked reluctance to investigate the allegations about these gatherings, will the Paymaster General confirm that he is not aware of any legal impediment that would stand in the way of the Metropolitan police investigating these matters if they so chose?

--- Later in debate ---

[Michael Ellis]

First, I do not think that this is my gathering—if it is anyone’s, it is Mr Speaker’s. I am sorry that the hon. Gentleman chooses again to criticise the police obliquely—I have no idea why he chooses to take that approach. We are blessed in this country with a police service of integrity and independence, and I have every confidence that just as they routinely investigate matters of extreme importance, so here they can be relied upon to investigate where appropriate—I emphasise the “where appropriate”. The Cabinet Secretary has said, and we have said, under the terms of the investigation, that if necessary—if criminality is uncovered during his investigation—he will, again, engage the police.

[Rachael Maskell (York Central) (Lab/Co-op)]

I know the pain and sacrifice my constituents in York have experienced over the past 18 months. They are sickened by what they have seen has happened at these so-called “gatherings” at No. 10, but they are also infuriated by the obfuscation of this Government, avoiding accountability. Therefore, will the right hon. and learned Gentleman refer these matters to the police, because my constituents have no confidence in an internal investigation? The investigation must be independent, in order for us all to be able to see what really happened.

[Michael Ellis]

The Cabinet Secretary is independent. Cabinet Secretaries in this country serve all the political parties, dependent on who is in government, and they can be relied upon to investigate the matter fully, independently. We will await the results of his investigation.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

Just today, the Tories were fined nearly £18,000 for not declaring the donation for Downing Street refurbishment. So will the Minister confirm that a gathering to look at the Prime Minister’s shiny new curtains still would breach regulations? More importantly, will the Minister confirm that even if people stick to the line, “It was a socially distanced gathering, with bring-your-own booze”, that is still a party that breached the regulations and that if the Prime Minister was armed with that information, he misled Parliament and must resign?

[Michael Ellis]

The nature of any gathering is, as I have repeatedly said, going to be a matter for the investigation.

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

Like most ordinary people, I have no idea what the difference is between a gathering and a party, and I note that the Minister has been unable to clarify that. Given the complete absence of leadership that we have witnessed, does he share my wider concern that as we enter a new wave of the pandemic, these unsavoury revelations have seriously and gravely undermined public compliance with the rules, which will cost lives? In view of that, why should anyone believe a single word the Prime Minister says?

[Michael Ellis]

The Prime Minister has initiated an investigation by the Cabinet Secretary and it is a matter now for the Cabinet Secretary to delve into. He will, of course, have all the authority commensurate with that office to seek to discuss the matter with individuals and to source any documents or anything else he may need. He will have that authority, so it is now a matter for him.

National Security Vetting

Michael Ellis Excerpts

Monday 6th December 2021 Written Statements

[The Paymaster General (Michael Ellis)]

My noble Friend the Minister of State in the Cabinet Office, Lord True CBE, has today made the following written statement:

I am pleased to announce the introduction of a new level of National Security Vetting on 1 January 2022.

The accreditation check, which will be applicable to certain roles within the civil aviation industry, will help mitigate the threat from insiders at airports whose access can be exploited to harm national security. An updated statement of the HMG Personnel Security and National Security Vetting Policy, which details the accreditation check, will be published within the Personnel Security Controls on www.gov.uk from 1 January 2022. A copy of the Personnel Security Controls will be deposited in the Libraries of both Houses.

[HCWS443]

Transforming Public Procurement

Michael Ellis Excerpts

Monday 6th December 2021 Written Statements

[The Paymaster General (Michael Ellis)]

My noble Friend the Minister of State for Efficiency and Transformation, Lord Agnew Kt, has today made the following written statement:

Public procurement accounts for around a third of all public expenditure. Now that we have left the EU we have a huge opportunity to reform how this money is spent so that it better meets the needs of this country. We can create a new, simpler procurement regime that will reduce costs for business and the public sector by reducing bureaucracy and improving commercial outcomes. Such a huge amount of Government spending must be leveraged to play its part in the UK’s economic recovery from the pandemic and unleash opportunities for small businesses and social enterprises to innovate in public service delivery.

This Government intend to put in place a new regime that will ensure we remain compliant with our international obligations. This includes the World Trade Organisation’s Agreement on Government Procurement which gives British businesses access to £1.3 trillion in public procurement opportunities overseas. This two-way street allows us to maximise value for money for UK taxpayers, whilst ensuring that UK companies are able to compete abroad.

In December 2020 we published the Green Paper on Transforming Public Procurement which set out the proposed new regime. We received over 600 responses with feedback from procurement professionals in central and local government, the education and health sectors, small, medium and large businesses, the charity and social enterprise sectors, academics and procurement lawyers. This, in addition to feedback from a series of workshops attended by almost 1000 stakeholders, provided us with a range of views and insight from contracting authorities, suppliers to the public sector and other interested parties.

The analysis of feedback has been completed and I am now announcing the publication of a detailed document that summarises responses received to the consultation and provides the Government’s response to each individual question. We have considered carefully all of the comments received. Overall, levels of support for the proposed reforms were high and many responses recognised the ambition and breadth of the package of proposals. The majority of answers to individual questions were positive. In many instances, there is no change to the proposals set out in the Green Paper, however in others the Cabinet Office has clarified or amended the proposals based on the consultation feedback. I am grateful for all those who took the time to respond.

In summary the proposals will:

Simplify and consolidate the current legislation as far as possible into a single, uniform regulatory framework, which will remove duplication and make procurement more agile and flexible;

provide a number of sector-specific features where necessary, including tailored rules to better suit defence and security procurement in order to protect our national interests;

ensure that procurement supports local and national priorities, allowing public sector buyers to give more weight to bids that create jobs and opportunities for communities, and support action on climate change;

strengthen the approach to the exclusion of suppliers from procurements, making it simpler, clearer and more focused on suppliers who pose an unacceptable risk;

give much greater transparency throughout the procurement lifecycle;

give new rights for subcontractors experiencing payment delays in public sector supply

chains;

put in place a new Procurement Review Unit to oversee the integrity of the public procurement system.

We are working closely with all the devolved Administrations on the development of the new regime. On 18 August 2021, the Welsh Government published a written statement confirming that provision for Welsh contracting authorities is to be made within the UK Government’s Bill.



The publication of the consultation response is a key milestone in delivering the ambition to create a procurement regime that better meets the needs of our country. We are currently finalising the Bill to implement these proposals and intend to introduce it as soon as parliamentary time allows.

[HCWS444]

Conduct of the Right Hon. Member for Uxbridge and South Ruislip

Michael Ellis Excerpts

Tuesday 30th November 2021 Commons Chamber

[The Paymaster General (Michael Ellis)]

It is a pleasure to start by wishing SNP Members, and the whole House, a happy St Andrew’s Day. It is always an auspicious occasion in the Scottish and British calendar.

I must confess some surprise that the right hon. Member for Ross, Skye and Lochaber (Ian Blackford), on this rare opportunity to engage in serious debate with the Government—I have not been to a pantomime in some time—instead opted to launch pantomime season in November, complete with an over-the-top characterisation of my right hon. Friend the Prime Minister, who he clearly wishes would disappear in a puff of smoke. When it comes to fanciful fairy tales, however, the Scottish National party is expert. I venture that neither this House nor the people of the country will appreciate the over-the-top performance, or recognise the absurd depiction of the hugely popular Prime Minister of this country, who returned to the House with an 80-seat majority and who is getting on with the job of building back better.

To take one element of today’s rather long-winded and unfocused motion, improving standards in public life, the Prime Minister has made positive and constructive proposals on the topic in a bid to find cross-party consensus and a way forward. To take another point, the reform of the Electoral Commission, there is nothing in the Government’s plans to reform the regulation of the electoral system that will allow Ministers or Parliament to interfere in the outcome of complaints or investigations, so the motion is also in error in that regard. It is a courtroom tactic in some jurisdictions—not in this country, of course—to throw enough mud that some of it might stick, but I think we know that when we see it.

[Kirsten Oswald (East Renfrewshire) (SNP)]

Will the Minister give way?

[Michael Ellis]

I will give way more than the right hon. Member for Ross, Skye and Lochaber, but not yet.

For my part, I relish the opportunity to set a different scene for the House of what the Prime Minister is achieving for the people who returned him to No. 10, many of whom voted Conservative for the first time. At the election, he made a clear commitment to spreading opportunity more fairly and to uniting our country.

Higher skills, higher wages, higher productivity—that is the United Kingdom that the Prime Minister promised to create and is creating, and SNP Members know it. He got Brexit done. Since, he has been using our hard-won freedoms outside the European Union—the catastrophists on the Opposition side do not want to accept it—to serve the interests of the whole precious United Kingdom with policies that encourage innovation and growth throughout the whole United Kingdom and that deliver for the whole United Kingdom.

[John Redwood (Wokingham) (Con)]

The Minister is making a good case. Does he find it strange that SNP Members are posing as defenders of democracy when they would not accept the result of the Brexit referendum in the UK or of the Scottish referendum on staying in the Union?

[Michael Ellis]

SNP Members are fair-weather friends to democracy, which, clearly, they support only when it goes their way.

[Stewart Hosie (Dundee East) (SNP)]

Will the Minister give way?

[Michael Ellis]

I will give way, but perhaps the right hon. Gentleman will say why the SNP did not choose to debate the vital topic of education in Scotland.

[Stewart Hosie]

The Minister is speaking dutifully and gushingly about the Prime Minister; he is painting a picture that nobody in the country recognises. For the sake of completeness, perhaps he will explain, if things are going so swimmingly, why Conservative Back Benchers have sent letters of no confidence to the 1922 committee?

[Michael Ellis]

The right hon. Member’s statement is obviously disproven by the fact that the Prime Minister won an 80-seat majority—the biggest Conservative Government majority since the early 1980s.

The fact of the matter is that the Prime Minister is taking care of the people’s priorities, not focusing on the polemics of the SNP. He is looking at what the people care about most—

[Kirsten Oswald]

Will the Minister give way?

[Michael Ellis]

I will give way, and perhaps the hon. Member could answer why it is that the SNP has not chosen to speak about health and the national health service in their precious parliamentary time. [Interruption.]

[Kirsten Oswald]

I am grateful to the Minister for giving way. I am not sure what he was asking me because, over the noise of his colleagues’ barracking, I could not actually hear him. He may have been asking me why we did not choose devolved topics in the Chamber, and I think that that somewhat answers itself.

The Minister speaks about the people’s priorities. I have to say to him that the people’s priorities are not stuffing the House of Lords with unelected donors and cronies, but worrying how they are going to put food on the table because of the cuts his Government are making to universal credit.

[Michael Ellis]

This Prime Minister of course takes care of the people’s priorities, looking after what they care about the most and keeping his promises to them, while SNP Members play political games—they are not very good at them either.

This Government are responsible for there being more nurses, more police officers, more money for schools and more money for the pupils in those schools, because people care about their health, they care about their safety and they care about their children’s educations. My right hon. Friend the Prime Minister is focused on improving our infrastructure, too. He is boosting public services to get us on the road to recovery from the pandemic. What exactly does that look like? It looks like £3.7 billion to build 40 new hospitals, three quarters of them outside London and the south-east; 50,000 more nurses and 20,000 more police officers; and a further £4.7 billion in the core school budget by 2024-25, meaning a total cash increase of £1,500 per pupil by that date compared with 2019-20, so we are actually delivering.

This is not the polemics or the pantomime of the SNP; this Government are delivering. It is not just talk; it is a £36 billion package to reform the national health service and social care, tackling the issues that successive Governments have ducked for decades. Thanks to my right hon. Friend the Prime Minister, this Government will deliver around £12 billion a year in extra funding for our health and social care services over the next three years. This is in addition to our historic 2018 settlement for the NHS, which will increase its budget by £33.9 billion a year by 2023-24.

[Marion Fellows (Motherwell and Wishaw) (SNP)]

Will the Minister give way?

[Michael Ellis]

I will give way, and perhaps the hon. Member could answer why she is not talking about matters that are more important to the people of this country.

[Marion Fellows]

I really do thank the Minister for giving way. Can the Minister confirm that he actually understands what devolution means; what matters are devolved to the Scottish Parliament and are debated there; and what matters should be debated here, such as the motion in front of him?

[Michael Ellis]

This Government have proven they know what the people want of this country, and we did so by the 80-seat majority behind me.

We are rolling out the fastest vaccination programme in Europe, allowing us to live with the covid virus, without significant restrictions on our freedoms. Almost nine in 10 people aged 12 and over have now received a first vaccine dose—that is a huge achievement—with eight in 10 having also received a second dose. The latest data shows that vaccines have saved almost 130,000 lives and prevented over 260,000 hospitalisations.

What else? This Prime Minister has launched our plan for jobs, helping people to get back into work, earn more money and gain the skills that our economy needs. This includes our £2 billion kickstart scheme, which has already got 100,000 young people into work, our £2.9 billion restart scheme, helping over 1 million long-term unemployed people find work, and our lifetime skills guarantee, offering 11 million adults a free qualification. And it is cutting taxes and boosting wages. [Interruption.] The hon. Member for East Renfrewshire (Kirsten Oswald) should listen: the fact of the matter is it is cutting taxes, boosting wages and helping working families—

[Owen Thompson (Midlothian) (SNP)]

On a point of order, Madam Deputy Speaker. I am slightly confused, because I am struggling to find which points the Minister is making that are in any way relevant to the motion on the Order Paper. [Interruption] Can you guide us?

--- Later in debate ---

[Madam Deputy Speaker]

I see what the hon. Gentleman is saying, but I have absolutely no responsibility whatsoever for the content of the Minister’s speech. The Minister is constructing his argument and I am sure he will come to his razor-sharp points very soon.

[Michael Ellis]

Yes, Madam Deputy Speaker, because of course the Scottish National party motion is about the conduct of my right hon. Friend the Prime Minister and I am telling the House and the SNP what the Prime Minister has achieved—his conduct.

Let us look at the infrastructure uplifts: £600 billion into transport and broadband upgrades, including £96 billion for the railways, the biggest investment in our rail network for a century. That is one of the multitude of things that the Prime Minister has delivered—reliable and faster rail journeys across the north and midlands. Thanks to the integrated rail plan, we will build three new high-speed rail lines, electrify or upgrade three existing main lines, improve local services, and integrate them properly with HS2 and Northern Powerhouse Rail, all bringing benefits to passengers 10 to 15 years sooner than under previous plans.

My right hon. Friend the Prime Minister is also investing in our local streets so that we can all feel proud of where we live. Again, let me remind Members where the money is going: £4.8 billion via the levelling-up fund to help regenerate town centres and high streets, upgrade local transport, and invest in cultural and heritage assets; £2.4 billion for 101 towns deals investing in local economies—

[Kirsten Oswald]

Will the Minister give way?

[Michael Ellis]

I gave way last time and it really was not worth it.

There is also the £150-million community ownership fund to protect valued community assets.

In getting Brexit done, my right hon. Friend the Prime Minister and my right hon. Friend the Home Secretary have turned their attention to immigration. The Nationality and Borders Bill will break the cruel business model where criminal gangs exploit.

[Ian Blackford]

The Minister knows I have some affection for him, and he is doing a marvellous job at deflection, but it is noticeable that there is no attempt to offer a defence of the behaviour of the Prime Minister because, quite simply, there isn’t one.

[Michael Ellis]

The feeling is mutual but I am defending the conduct of the Prime Minister, and the right hon. Gentleman knows that he has no answer to this large litany of achievement.

[Dave Doogan (Angus) (SNP)]

The Minister accuses SNP Members of not having an answer. It is very interesting that the Minister is going through the Conservatives’ programme for Government and manifesto and is making some fairly ambitious claims about what has been achieved, but we are not debating that: we are debating the character of the Prime Minister. Will the Minister focus his remarks on that please?

[Michael Ellis]

The conduct of the Prime Minister is the subject of the debate, and the conduct of the Prime Minister is the maintenance and running of this Government and that is what he has been achieving.

Going back to the point on immigration, we have seen the tragic consequences in the recent incident off Calais and our thoughts are of course with the families and loved ones.

[Madam Deputy Speaker]

Order. For the sake of clarity, we are not debating the character of the Prime Minister; we are debating the conduct of the Prime Minister. That is the subject of the motion.

[Michael Ellis]

Exactly, Madam Deputy Speaker; thank you.

The principle behind the Bill is that access to the UK’s asylum system should be based on need, not on the ability to pay people smugglers to leave safe countries such as France and Belgium. These are the things that are being delivered, and we have always been clear about the need to do everything we can to prevent people from risking their lives and embarking on these perilous attempts to cross the sea.

Our United Kingdom is the most successful political and economic union the world has ever seen. It is the foundation on which all our businesses and citizens have been able to thrive since 1707. This Government are committed to protecting and promoting its combined strengths, based on those hundreds of years of partnership and shared history.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

My right hon. and learned Friend is giving lots of examples of how the conduct of the Prime Minister is helping the lives of the British people. One recent such example affecting Scotland in particular was the COP26 summit held in Glasgow. Does he agree that that is an example of how the Prime Minister is putting the priorities of the people first, and of why this debate is a missed opportunity for the Scottish National party to discuss what matters to the people of Scotland?

[Michael Ellis]

My hon. Friend is absolutely right—it is yet another missed opportunity by the Scottish National party.

I remind those on the SNP Benches that this Government are committed to investing and levelling up across Scotland. We are delivering, after all, an average funding boost of £4.6 billion per year through the Barnett formula over the spending review period. That will enable investment in transport, schools, housing, health and social care. That takes the total that Scotland receives in Barnett-based funding to £41 billion per year—an increase of 2.4%—to spend on public services, boost growth and support families with the cost of living. In fact, current public spending per person in Scotland is £1,828 higher than the UK average, while revenue per person is £382 lower.

[Jake Berry (Rossendale and Darwen) (Con)]

Will my right hon. and learned Friend give way?

[Michael Ellis]

I will, although I will have to make progress.

[Jake Berry]

One thing that my right hon. and learned Friend has failed to mention and that I am sure he will want to take the opportunity to celebrate is the Government’s Borderlands deal. That sees people from Scotland and the true north—Carlisle in Cumbria, and Northumberland—coming together to invest together across the borders in their community. As the Minister who had the privilege of negotiating that deal, I found it refreshing to see that the border is of no relevance to many people, because they have friends, family and businesses that cross it. With this Government and the devolved Administration in Scotland, they celebrated that partnership along the border, which strengthens not just our United Kingdom but England and Scotland too.

[Michael Ellis]

My hon. Friend is absolutely right, of course. He speaks with the authority of an expert on the subject, and the expertise shows.

What the numbers that I have been citing mean is that every person in Scotland benefits from over £2,000 extra in spending than the UK average. I remind the right hon. Member for Ross, Skye and Lochaber that we have confirmed that we will be providing over £170 million through the levelling-up fund for eight Scottish projects, including the new futuristic aerial roundabout in Falkirk and the redevelopment of Inverness castle, not to mention the £1.5 billion of funding for 12 city and growth deals—they don’t talk about that, Madam Deputy Speaker. That includes over £500 million for Glasgow, backing a deal worth around £1.2 billion—one of the largest in the kingdom—that is set to deliver 29,000 jobs over its lifetime. This Government have been levelling up every part of the country since the day we took office.

Indeed, the pandemic has shown clearly that we are at our strongest when we work together towards a common goal. Through both the furlough scheme and the self-employment income support scheme, we protected over 14.5 million jobs and livelihoods across the United Kingdom. Thanks to the Prime Minister, almost 1.1 million Scottish jobs were protected through the peak of the pandemic, supporting livelihoods across Scotland. The UK Government have supported nearly 100,000 businesses in Scotland—SNP Members do not talk about the businesses—with over £4 billion in loans through the bounce back loan scheme and the coronavirus business interruption loan scheme. It also goes without saying that the UK Government secured access to the covid-19 vaccine for Scotland, saving lives and stopping the spread of the virus.

In conclusion, we continue to make sure that we will use the broad shoulders of England, Scotland, Wales and Northern Ireland as a platform to unleash and deliver opportunity across the whole of our precious United Kingdom.

[Several hon. Members rose—]

Standard for Algorithmic Transparency

Michael Ellis Excerpts

Monday 29th November 2021 Written Statements

[The Paymaster General (Michael Ellis)]

My noble Friend the Minister for Efficiency and Transformation (Lord Agnew Kt) has today made the following written statement:

The Cabinet Office’s Central Digital and Data Office (CDDO) has today published a cross-Government standard for algorithmic transparency. This move makes the UK one of the first countries in the world to make progress on developing a national algorithmic transparency standard. The CDDO was established in January 2021 as the new strategic centre for digital, data and technology for the Government.

Several leading organisations in the field, such as the Centre for Data Ethics and Innovation (CDEI), Ada Lovelace Institute and Alan Turing Institute, as well as renowned academic and international institutions, including the Oxford Internet Institute, AI Now Institute and OECD, have called for greater transparency to help manage the risks associated with algorithmic decision making, bring scrutiny to the role of algorithms in decision-making processes and help build public trust.

In the National Data Strategy, the Government committed to working with leading organisations in the field to explore what an effective mechanism to deliver greater algorithmic transparency would look like. It reiterated this commitment in the response to the National Data Strategy consultation, and announced that it was developing a public sector algorithmic transparency standard in the National AI Strategy.

While designing the first version of the standard, CDDO has worked closely with the CDEI. It has convened stakeholders from across Government, civil society and academia, and conducted a deliberative public engagement exercise with the CDEI and BritainThinks, to ensure that a diverse range of views have been taken into account.

Proactive transparency in this field is a natural extension of the UK’s long-standing leadership in data ethics and open data. Several public sector organisations will trial the standard in the coming months, and provide user feedback to CDDO. CDDO is also seeking further feedback from stakeholders outside of Government. Following the pilot, CDDO will iterate the standard based on feedback gathered and seek formal approval from the Data Standards Authority in 2022.

This development comes after the Government have consulted on a proposal to introduce transparency reporting on the use of algorithms in decision making for public authorities, Government Departments and Government contractors, as part of the wide-ranging consultation on the future of the UK’s data protection regime. It sought views on the role that such reporting would play in building public trust, as well as what the key contents of mandatory transparency reporting should be and whether any exemptions should apply.

I have deposited a copy of the standard and accompanying guidance in the Libraries of both Houses, and published both on www.gov.uk.

[HCWS428]

Civil Service Pay

Michael Ellis Excerpts

Monday 29th November 2021 Commons Chamber

[The Paymaster General (Michael Ellis)]

I thank the hon. Member for Glasgow South West (Chris Stephens) for securing this important debate, and welcome the opportunity to respond. I know that, in his role as chair of the PCS parliamentary group—a position that I think he still holds—he shares my interest in matters relating to the civil service.

At the beginning of his remarks, the hon. Gentleman paid tribute to his grandfather. Although, of course, I did not have the privilege of knowing his grandfather, may I say that I am sure that his grandfather would be proud of him, not only for the speech that he has just given to the House, but for his service to his constituents as a Member of Parliament?

Across the House we all know that civil servants are committed to delivering vital services to the general public. That is what they do; it is the essence of who they are. Ministers are enormously proud—I include myself in this category—of the dedication and professional commitment that civil servants across the board and of all grades demonstrate in delivering public services and the Government’s priorities, particularly during what we know has been a very challenging time. Civil servants of all grades have played a vital role during the pandemic to maintain public services, and will have performed functions that will have saved lives.

Civil service pay is determined by separate processes for delegated grades—typically grade 6 and below—and the senior civil service, which is calculated separately. For delegated grades, the Cabinet Office publishes the pay remit guidance on an annual basis. The pay remit guidance is a cost-control document setting out the parameters of average awards in a pay remit year for Departments. For the senior civil service, it is different. The Senior Salaries Review Body makes independent recommendations to the Government based on evidence provided by the Government, with recognised trade union data and labour market data added into the equation.

In 2011, some 10 years ago now, the Government took a tough but fiscally responsible decision to implement a two-year pay freeze. That was followed by a 1% pay award between 2013 and 2017, applied across all workforces in the public sector, as many of us will recall. There is no doubt that these were difficult decisions but they were fiscally responsible ones that we had to take in response to the then economic position—a position, I need to say, that we had inherited from the previous Labour Government. Those responsible decisions ensured that the Government rewarded hard-working civil servants, which is as it should be, while enabling the UK to tackle the huge deficit that had grown. The sustainable pay structures that we put in place at that time supported many civil servants and prevented us, as a society, from burdening our children and grandchildren with even more debt that accrues. In the years post 2017—from 2018 to 2021—the 1% pay cap was lifted and the civil service received pay rises of up to 2.5%, which was actually higher than inflation at the time.

In the face of huge uncertainty and the unprecedented impact that the covid-19 coronavirus pandemic had on the economy, the Government temporarily paused pay rises for the majority of public sector workers in 2021-22. We ensured that those who most needed it had the protection that they needed, with 2.1 million public sector workers with median earnings at or under £24,000—therefore many of the individuals whose accounts the hon. Gentleman relayed to the House—receiving an increase of at least £250, equivalent to over 1%.

In his most recent spending review, my right hon. Friend the Chancellor of the Exchequer announced the end of the temporary pay pause in the public sector, including the civil service, starting from the 2022-23 fiscal year and throughout the duration of the spending review period, right the way through to 2024-25. During this forthcoming period, these increases will retain broad parity with the private sector while continuing to be affordable. It is thanks to the strong recovery in the economy and in the labour market that Her Majesty’s Government have been allowed to return to a normal pay-setting process. My right hon. Friend the Chancellor of the Exchequer also announced the increase to the national living wage of 6.6% to £9.50 an hour from April 2022 for those aged 23 and over, which will benefit more than 2 million of the lowest paid workers in the country. That will keep us on track for our target of the national living wage rate being two thirds of median earnings by 2024.

The public sector has on average better remuneration packages when compared with the private sector. That is not a well-known or acknowledged fact, but it is true. In 2019, the Office for National Statistics reported that the public sector benefits from a 7% on total remuneration compared with the private sector. In 2020, the median salary in the public sector was £1,770 higher than the private sector. That gap is most acute at the lower grades, where the public sector average hourly wage is 20% higher than the private sector.

[Chris Stephens]

I thank the Minister for his personal remarks, which are very much appreciated.

The Minister talks about public sector pay, but does he acknowledge the study from Dr Williams from the University of Surrey, which suggests that civil service pay is lower than the rest of the public sector? Can the Minister tell us what he and his departmental colleagues will do to rectify that situation?

[Michael Ellis]

I look forward to reading that report, and I will certainly have a look at it, but there is no getting away from the fact that when one looks at the last fiscal year, the public sector was being paid on average £1,770 higher than the private sector. That is particularly noticeable at the lower pay grades, where we find that public sector pay is 20% higher than private sector pay. I am happy to look at the figures he wishes to bring to our attention, and I will do that, but the premium I refer to also reflects the generosity of civil service pensions when compared with the private sector. Most members are in what are called defined-benefit schemes, where employers contribute around 27% of earnings. In contrast, most private sector employees receive defined-contribution pensions, which are dependent on investment performance and where employer contributions are typically around 50% of those in the public sector.

Following the outcome of the spending review, the Cabinet Office—my Department—is assessing what the affordability position will be for Departments to make pay awards going forward. The 2022-23 pay remit guidance is due to be published in spring next year, just a few months from now.

The hon. Gentleman made a powerful speech, with some moving contributions from people who had written to him and to others. I am confident that when we announce the 2022-23 civil service pay remit guidance, we will continue to strike the all-important balance between appropriate reward for hard-working civil servants and the need to live within our means as a nation and recover, as we need to do, from the economic impact of the pandemic.

[Chris Stephens]

I am grateful again to the Minister, who has been typically generous. When the Cabinet Office looks at the remit guidance, will it consider the nonsensical position of having all these different negotiations—something like 200 of them—taking place across Departments and reduce them while ensuring that pay across the civil service is equitable for the work done?

[Michael Ellis]

The hon. Gentleman makes an attractive argument for a reduction in the number of discussions. The rationalisation of those issues is always worth looking at, and I will ask my officials to look at that aspect.

I remain confident that when the Government announce the 2022-23 fiscal year civil service pay remit guidance, the focus will be on striking the balance expected of us by the general public between appropriate rewards for those hard-working individuals in the civil service—as one of Her Majesty’s Ministers, I know how hard civil servants work and I recognise the work that they do—and the need for all of us, in a fiscally responsible society, to live within our means. The Government have fiscal responsibility for that. We will strike that balance and together we will recover from the painful economic impact of the covid-19 pandemic.

Question put and agreed to.

Net Zero Estate Playbook

Michael Ellis Excerpts

Tuesday 23rd November 2021 Written Statements

[The Paymaster General (Michael Ellis)]

My noble Friend the Minister for Efficiency and Transformation (Lord Agnew Kt) has today made the following written statement:



I am pleased today to formally launch the new Net Zero Estate Playbook.

Decarbonising the public estate will play a pivotal role in our fight against climate change. With more than 300,000 individual properties, at a combined value of £515 billion, the UK public sector manages, by some distance, the largest property portfolio in the country.

Operating at this scale means that every decision we make and every improvement we implement has an impact. We must go beyond decarbonising our own estate, by leading from the front, setting an example, and bringing industry with us.

There is a very clear direction set out for Government property. We are steadily working towards creating a greener public estate. Since 2010, we have reduced carbon emissions by 50%, but there remains much more work to do.

We have made significant progress on encouraging collaboration and co-location between parts of the public sector. We are working to improve maintenance, insulation, and efficiency across the public estate. We are prioritising retrofitting existing buildings where we can, and adopting modern and sustainable methods of construction where we need new buildings.

This Net Zero Estate Playbook is about helping us go further, and faster. It’s a guide, to support every Government organisation. It takes best practice from around the UK, aligning with Government policy and bringing the best advice into one place to inform and improve sustainability strategies and simplify the path to net zero.

It provides, for the first time, a methodical step-by-step guide to help Government property professionals decarbonise their estate. A copy of the Net Zero Estate Playbook has been deposited in the Libraries of both Houses.

[HCWS412]

Northern Ireland Protocol: EU Negotiations

Michael Ellis Excerpts

Thursday 18th November 2021 Commons Chamber

[Mr Alistair Carmichael (Orkney and Shetland) (LD)(Urgent Question)]

To ask the Minister for the Cabinet Office if he will make a statement on the Northern Ireland protocol and negotiations with the European Union.

[The Paymaster General (Michael Ellis)]

Let me begin by reaffirming the Government’s commitment to keeping both Houses of Parliament updated on the UK-EU relationship. We remain committed to doing just that. My right hon. and noble Friend Lord Frost gave the House of Lords an update on EU relations last Wednesday, 10 November, in the form of an oral statement. Unfortunately, as this honourable House was in recess at the time, it could not be repeated here on the same day. The timing of that update was unavoidable, led by external international business. However, I recognise the importance of keeping both Houses duly informed.

[Mr Carmichael]

I think that that answer was more remarkable for what it did not say than for what it did, but I am grateful to you, Mr Speaker, for granting the urgent question. It is a shame that it was necessary, and that the Government have not seen fit to offer the House a statement. At the very least, we would have liked to hear some commitment from the Government today that there would be no triggering of article 16 this side of Christmas. The disruption that that would cause would be catastrophic, but still we hear nothing from them. I hope that the Minister will address that point when he replies to my supplementary question.

Listening to the Minister today, and to his colleagues on the airwaves in recent weeks, one could almost believe that the terms of our agreement with the European Union and the Northern Ireland protocol were nothing to do with them: “it was a big boy that done it and ran away”. It is almost as if those matters were negotiated by someone else, and were voted through the House in the teeth of Conservative opposition. However, we know that the truth is very different.

Article 16 does not exist as a “get out of jail free card” for the Government when they do not like the deal that they have done. It is a mechanism that allows for the taking of unilateral “safeguard” measures if either the EU or the UK concludes that the deal is leading to serious practical problems or causing diversion of trade. To invoke it in the way of which Ministers speak would be seen as an act of bad faith on the part of the UK Government.

What people and businesses in Northern Ireland want and need is pragmatic solutions to be reached and implemented in good faith, not more posturing. Businesses in Northern Ireland are crying out for a sanitary and phytosanitary agreement which would remove at a stroke the vast majority of the disruption for people on either side of the Irish sea, and that is where the Government should be devoting their energy. Will the Minister please update the House on the negotiation of that and other agreements under the protocol? In respect of the question of the role of the European Court of Justice in supervising this agreement, can the Minister explain why the Government now identify that as a problem when it was clearly within the protocol when it was negotiated and signed?

The problems of which the Government now complain are all of their own making. They chose to take us out of the customs union and to put a border down the Irish sea. It was a remarkable choice for a supposedly Unionist party to make, but they made it, and we now have to live with it. This is the time for posturing to stop and for mature government to start. A recent Queens University survey found that 52% of people in Northern Ireland support the protocol; I am sure the Minister will agree that that is a significant figure. Will he now get on and make it work?

[Michael Ellis]

With regard to the latest on the UK-EU relationship, my noble Friend Lord Frost and Vice-President Šefčovič met in London on 12 November to consider the state of play in discussions relating to the Northern Ireland protocol. Lord Frost noted that there remain significant gaps to be bridged between the UK and EU positions. He noted that it remained the United Kingdom’s preference to find a consensual way forward, but I must say that article 16 safeguards were and are a legitimate part of the protocol’s provisions.

The noble Lord Frost also underlined the need to address the full range of issues that the United Kingdom had identified in the course of discussions if a comprehensive and durable solution was to be found that supported the Belfast/Good Friday agreement. That is in the best interests of Northern Ireland. In that context, although talks had so far been conducted in a constructive spirit, Lord Frost underlined that, to make progress, it was important to bring “new energy and impetus” to discussions. Accordingly, intensified talks are taking place this week between teams in Brussels on all issues, giving particular attention to medicines and customs issues.

This week, Lord Frost has also been in Belfast, talking to political, business and civil society leaders and will meet with Vice-President Šefčovič at the end of the week to consider progress. I will continue to keep Parliament informed.

[Sir William Cash (Stone) (Con)]

With respect to the right hon. Member for Orkney and Shetland (Mr Carmichael), who raised the urgent question, perhaps he does not know that, in line with what the Paymaster General was saying, Lord Frost appeared before the European Scrutiny Committee only a few weeks ago. We asked him questions about article 16 and the European Court of Justice and he answered them with great clarity.

It is quite clear that the EU has been intransigent. For example, it invoked article 16 with regard to the covid laws that it introduced some time ago, and disruption of trade has taken place. Regarding the European Court of Justice, we are more than entitled to ensure that we are not governed by it given the repeal in the European Union (Withdrawal Agreement) Act 2020.

--- Later in debate ---

[Michael Ellis]

I agree with my hon. Friend. We want a negotiated outcome, but we are willing to use article 16. There is no change in the position that my noble Friend Lord Frost gave to my hon. Friend’s Committee only a few days ago.

[Alex Davies-Jones (Pontypridd) (Lab)]

I am grateful to the right hon. Member for Orkney and Shetland (Mr Carmichael) for tabling the UQ. It is simply unacceptable and quite insulting to the House that Lord Frost would wait for this place to have risen to make a statement in the other place and that the Government would have to be dragged to this place to be subject to proper and timely scrutiny.

I turn to Northern Ireland, which has become a key pressure point in UK-EU relations. I sincerely hope that the change in tone from Lord Frost may be a sign that progress can be made, because these are fractious, painful times for Northern Ireland and we are at an unsettling moment. Political disfunction has left power sharing in a fragile state. Trust in the UK Government in Northern Ireland—an essential foundation of peace—has fallen away across all communities. Trust is hard won and easy to lose.

I say to the Minister, in the sincere hope that he listens, that this is not the context in which any responsible Government would force another high stakes, divisive stand-off. With a cost of living crisis and growing instability, the last thing the country needs is a damaging trade dispute with our nearest trading partners. Does he agree that jobs, stability and livelihoods in Northern Ireland depend on the EU and UK finding a deal in the days and weeks ahead that lowers the barriers that the Prime Minister created? Does he agree that the evidence increasingly shows that communities want a solution, not a stand-off?

Labour has called all year for solutions that would lower the barriers down the Irish sea that the Prime Minister personally negotiated. That is precisely why we need a deal. Communities know that invoking article 16 would not solve the problems. It would not end the dispute; it would simply prolong it. Therefore, to find that agreement, the people of Northern Ireland must be brought in. Does the Minister agree that it is simply unsustainable for a Government whom few trust to be making huge decisions about the future while Northern Ireland is excluded entirely from the talks? Will he confirm today that the UK and the EU will bring Northern Ireland leaders and communities into the process to speak for themselves? That is the path to a sustainable solution.

The Minister should remember what is at stake in the days ahead, and remember that those who have the most to lose from another poisonous stand-off are the people and businesses of Northern Ireland. It is in those interests and the national interest that the Government should get a deal.

[Michael Ellis]

We did not wait. This House was in recess and a written ministerial statement was tabled yesterday.

On the hon. Lady’s substantive points, of course people are concerned about the cost of living, but the Northern Ireland protocol has real-life consequences for the cost of living. Businesses know that using article 16, should we have to do so, would alleviate pressure on the movement of goods. It is a safeguard mechanism to improve an unsatisfactory situation; it is there not to cause disruption but to do the exact opposite. It is a mechanism agreed to by both parties to the withdrawal agreement, and it is an active part of an agreement with multiple articles—it is one article among multiple others. Article 16 is perfectly valid and available to use. However, we want a negotiated outcome. Our policy remains the same: acting within the law at all times, we are willing to use article 16 should we need to do so.

My noble Friend Lord Frost was in Northern Ireland on Tuesday and Wednesday of this week, and he met all sides. I am advised that he met representatives of the Social Democratic and Labour party, the Alliance party, the Democratic Unionist party, the Ulster Unionist party and Sinn Féin. He is, of course, keeping everyone fully informed, and he travels regularly to do so. The basis of our negotiations is contained in the July Command Paper, which this House has seen.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

Will my right hon. and learned Friend reaffirm that the priority for Her Majesty’s Government remains upholding the Belfast agreement, even if the European Union appears to hold it so lightly? On the subject of bad faith, cited by the right hon. Member for Orkney and Shetland (Mr Carmichael), what does my right hon. and learned Friend make of the fact that 20% of the European Union’s checks still occur in relation to goods going from GB to NI, despite Northern Ireland having the equivalent of 0.5% of the European Union’s population? Does he agree that the bad faith the European Union is exercising in this matter makes it absolutely essential that we continue to keep under consideration the rescinding of articles 5, 7, 8 and 10, as outlined by the July Command Paper?

[Michael Ellis]

My right hon. Friend is a former Northern Ireland Minister, so he speaks with authority in this House. He is right that it is of paramount importance, as I am sure all sides would agree, that the Belfast agreement is respected and protected. That is certainly the motivation of Her Majesty’s Government.

It is right to say that the Northern Ireland Executive estimate that, from January to March, about 20% of all EU checks were conducted in respect of Northern Ireland, even though Northern Ireland’s population is just 0.5% of the EU’s as a whole. That speaks for itself.

[Richard Thomson (Gordon) (SNP)]

Notwithstanding recess dates, it took until 16 November even to get a written statement on this subject, and that turned out to be a copy-and-paste job from Lord Frost’s earlier statement. I am shocked and appalled that it has taken until today for a Minister to come to the House to do Members the courtesy of answering questions on behalf of the Government. I am sick and fed up of hearing excuses for why this Government allow others to hear the business of the Government and their thinking before they come here to explain it. How long can we be expected to tolerate this discourtesy?

We have yet another statement and yet another rattle of the sabre on article 16. Of course, the deployment of article 16 would simply invite an equal and opposite response from the European Union, and it would simply reconvene existing discussions in another forum. Whether or not Conservative Members want to hear it, the best way to eliminate friction from east-west trade between Northern Ireland and Great Britain is for Great Britain to come back into closer alignment with the single market and customs union. Will the Paymaster General assure the House that, whatever discussions lie ahead, the Government will not in any circumstances allow Northern Ireland to become subject to the same trade friction between north and south as they have allowed to creep into the relationship between Great Britain and the European Union?

[Michael Ellis]

The hon. Gentleman is quite wrong; the reality of the matter is that a written ministerial statement is informing the House, and it was laid yesterday. He makes a point about business. I think I am right in saying that in today’s Financial Times there is a report that Marks & Spencer says that the proposals by the EU would not cut red tape. It is important to bear in mind that negotiations are in progress; it is not the right forum, at this stage in delicate negotiations, to try to do that in this honourable House. What is right is that Lord Frost continues his discussions with vice-president Šefčovič, and that is exactly what he is doing.

[Mr Peter Bone (Wellingborough) (Con)]

I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on obtaining this important urgent question. May I take up a difference with him on one thing? Will my right hon. and learned Friend the Paymaster General confirm that the triggering of article 16 should be based on circumstances and not on any particular date?

[Michael Ellis]

If the triggering of article 16 needs to occur, there are defined circumstances that would need to be ascertained—in my view, those circumstances are ascertained.

[Hilary Benn (Leeds Central) (Lab)]

There is a certain irony in Ministers telling France to respect the trade and co-operation agreement in full when it comes to fish while threatening to scrap the Northern Ireland protocol. I hope only that the change in tone that I think we detect in the past week or so is a sign that the Government realise that they need to step back from the brink—both sides do, because a trade war with the EU is in nobody’s interests.

The question I wish to put is about the European Court of Justice. We have heard what businesses in Northern Ireland have said about the impact of the protocol, but can the Minister tell us how many of them have raised with him the role of the ECJ, which of course the Government signed up to when they agreed the protocol in the first place?

[Michael Ellis]

The right hon. Gentleman should understand, and I am sure he does, that the activation of article 16 is not scrapping the protocol—it is a valid part of the agreement. He asks who has raised the issue of the Court of Justice of the European Union. What people raise regularly is the issue of sovereignty, and they say that they want their laws decided democratically by the people of this country. In my limited experience of the law, it is not normal, where there are two parties, for the courts of one party to resolve disputes between the two in an agreement. So this is not a normal situation. The European Union has shown, in the infraction proceedings that it has already brought—in my respectful submission, in a precipitate manner—when we had essential cause to take actions to protect food supply in Northern Ireland, that this is not just theoretical; this is something the EU is prepared to do, as it has shown. We therefore need to take sovereignty seriously. Those on our side of the House do take sovereignty seriously and will continue to do so.

[Bob Blackman (Harrow East) (Con)]

I thank my right hon. and learned Friend for the answers he has given thus far. Lord Frost is clearly involved in delicate negotiations, but they are placing great strain on the Northern Ireland Executive and the various different sections of the community in Northern Ireland. So how long are we going to allow these negotiations to go on for before we take action? Can we set a timetable for completing these negotiations, so that people can get back to running their businesses and leading their normal lives?

[Michael Ellis]

I understand my hon. Friend’s desire to set a finite date but, as I am sure he will appreciate, that is not conducive to good diplomatic negotiations. I have no doubt that everything is being done as expeditiously as is reasonable.

[Ian Paisley (North Antrim) (DUP)]

A statement should have been made in this House at the earliest possible opportunity, but I welcome the point that has been made today as a result of this urgent question. Is the Paymaster General concerned that after the chiding the Government got for putting in place a protocol that has put a border down the Irish sea, we now appear to have a Joan of Arc-like stand-off, with the Opposition holding to the protocol as if it were something precious when it is destroying business and costing businesses in Northern Ireland £850 million? That is what is catastrophic: the friction of trade within the United Kingdom.

The Paymaster General mentioned sovereignty; I represent a constituency in the United Kingdom and so do all the Members in this House—we should not be doing Brussels’ work from these Benches. Brussels has destroyed part of the United Kingdom by insisting on the enforcement of a protocol in a disgraceful manner. I appeal to the Paymaster General, who knows that the Government’s Command Paper in July this year said that the conditions for invoking article 16 have been met: we are now in the jaws of December and those conditions remain met, so invoke article 16, and invoke it now. Stop dilly-dallying on this issue. Put businesses out of their misery in Northern Ireland.

[Michael Ellis]

I take this opportunity to apologise again for an oral statement not being made on Monday. I have mentioned that a written ministerial statement was made on Tuesday, but the hon. Gentleman makes a fair point on that issue.

On the hon. Gentleman’s substantive point, I agree that there is a major difficulty. The protocol is not delivering its core purpose and it is crucial that it has Unionist and nationalist party consent; otherwise, Northern Ireland cannot function, because of the power-sharing relationship with which the hon. Gentleman is extremely familiar. That is the foundation of the constitution and his point is understood.

On the business front, at least 200 companies in Great Britain no longer service the Northern Ireland market, so the hon. Gentleman’s point in that respect is perfectly valid. A significant number of medicines are still at risk of discontinuation. We saw recently in one of the national newspapers that even the trees for the Queen’s forthcoming platinum jubilee apparently cannot be supplied to Northern Ireland from Great Britain. There are problems with things that are, frankly, being shredded by the way the protocol is working.

[Mr Philip Hollobone (Kettering) (Con)]

Given that almost 100% of the roll-on roll-off lorry traffic from the EU to the Republic of Ireland goes through Great Britain—a lot of it past Kettering on the A14— would not a sensible negotiated agreement towards a comprehensive and durable settlement involve Her Majesty’s Government taking responsibility for the policing of goods that go across the Irish sea to the Republic, in return for the free passage of goods from Great Britain to Northern Ireland if those goods are to stay in Northern Ireland?

[Michael Ellis]

I shall resist the temptation to ask my hon. Friend to join the negotiating team but, as ever, he speaks powerfully for his constituency, which I think is the centre point of this country, geographically, and also a centre for the movement of goods. My hon. Friend speaks with some authority on the matter and I have noted what he said.

[Dame Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

This was all so predictable when, just under a year ago, we in this House voted for the agreement. Is it not the case, first, that the people of Northern Ireland want a compromise, and secondly, that in reality the Government just threw Northern Ireland under the bus when they went into negotiations in the name of Brexit?

[Michael Ellis]

Certainly not.

[Tony Lloyd (Rochdale) (Lab)]

To give him credit, the Paymaster General read his brief very well, but he knows very little about the sentiments of the people in Northern Ireland. Yesterday, Lord Frost held a meeting, among other meetings, with a group of people representing trade unions and civil society. They were from both loyalist and nationalist traditions and they told him very clearly, “Get on with making the protocol work.” The game and the rhetoric in which this Government are engaged in Northern Ireland is very dangerous. The Paymaster General has a duty to go back to the Prime Minister and tell him to tone down that rhetoric. It could be so disastrous that we should not even be thinking of going there.

[Michael Ellis]

I do not recognise the hon. Gentleman’s characterisation of the rhetoric. This is a negotiation. We want a settled solution. That is our preference and that is what the negotiations with Vice-President Šefčovič are currently doing, but we do have article 16 as a viable safeguard.

[Mr Ben Bradshaw (Exeter) (Lab)]

What assessment have the Government made of the damage to the UK economy as a whole and our standing in the world were the Government to trigger article 16 and it result in a trade war with the EU?

--- Later in debate ---

[Michael Ellis]

Article 16 is designed to alleviate problems, not cause them. It is a mechanism that was written in with the consent of both parties, so that it could alleviate and act as a safeguard. Threats that are emanating from other quarters about pulling out of the TCA and the like would, of course, do the exact opposite. They would cause disruption and that is not in the interests of the people of the province of Northern Ireland. It is this side that is seeking a negotiated preferential solution.

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

The Minister must know that the Tories are playing with fire. Threatening not to implement a deal signed 11 months ago would be outrageous. What does the Minister believe the people of Northern Ireland and the rest of the UK have to gain by showing the UK clearly to be an untrustworthy and dishonest negotiating partner while it simultaneously seeks to secure international trade deals?

[Michael Ellis]

We are not seeking to secure international trade deals; we are securing international trade deals. We have secured more than 60 of them so far with countries all around the world. We are a trading nation. We enjoy trading with others and we always have done. That is what we will continue to do. But I do need to repeat: article 16 is not a threat; it is a part of the agreement that was signed between the parties. It is available and ready to use.

[Catherine West (Hornsey and Wood Green) (Lab)]

In any negotiation, it is best to have all parties round the table, so will the Government consider bringing in the locally elected Members in order to have a meaningful negotiation which really matches the sentiment, mentioned by my hon. Friend the Member for Rochdale (Tony Lloyd), on the ground in Northern Ireland?

[Michael Ellis]

I am pleased to be able to confirm that, as I have already mentioned, Lord Frost has already engaged with the interested parties and even on Tuesday and Wednesday this week did so in Northern Ireland. All parties are being duly kept informed, including this honourable House and the other place.

[Wera Hobhouse (Bath) (LD)]

A consequence of Brexit was always that we needed to erect a trade border between Britain and the EU, and there are only two places where that could go—either in the Irish sea, or a land border on the island of Ireland. As the Government are now trying to reverse the agreement that puts the trade border in the Irish sea, what other option are they actively pursuing—a land border, or rejoining the single market for the whole of the UK, not just Northern Ireland?

[Michael Ellis]

We are pursuing a negotiation and the hon. Lady will have to wait and see.

[Mr Speaker]

Finally, but certainly not with the least of questions, I call Jim Shannon.

[Mr Speaker]

I like hearing from the hon. Gentleman, but his questions have to be shorter. If he wants to make speeches, I am sure that he will catch the eye of somebody in the Chair later.

[Michael Ellis]

The hon. Gentleman is right, Mr Speaker; you have saved the best till last.

[Mr Speaker]

Or longest till last.

[Michael Ellis]

The hon. Gentleman is right that Marks & Spencer makes a powerful point. Time is of the essence. Her Majesty’s Government will move to remove barriers if necessary. The article 16 application has already been met and we are alive to the time sensitivity involved.