Northern Ireland Protocol Bill

Debate between Michael Ellis and John Redwood

Committee stage
Wednesday 13th July 2022 Commons Chamber

[John Redwood (Wokingham) (Con)]

Has the Minister ever heard the Opposition point out that the EU is breaking the protocol by diverting our trade and undermining the Good Friday agreement? Has he ever heard them asking to see the legal advice that the EU purports to use when it is so clearly violating the protocol?

[Michael Ellis]

My right hon. Friend makes an excellent point, as usual. I have to say that I have never heard those requests.

Amendment 10, again tabled by the hon. Member for Foyle, relates to the Northern Ireland Human Rights Commission and the Equality Commission for Northern Ireland. They are, of course, important and well-respected institutions. They were established on the basis of the Belfast/Good Friday agreement. They undertake important duties and any change to their remit should not happen arbitrarily. The Government engage regularly with the commissions and they have powers to provide advice to the Government on issues arising from article 2 of the protocol. The Government have engaged broadly on the issues created by the protocol with stakeholder groups across business and civic society in Northern Ireland, the rest of the United Kingdom and internationally. In fact, the engagement has been considerable. As the Committee will know, the Bill provides specific powers to establish a new regime in Northern Ireland which addresses the issues with the current operation of the protocol. We are consulting stakeholders on the detail of how the powers are to be used. We will give plenty of notice to those affected in due course. Therefore, amendment 10 would compel the Government to do what, in many cases, they already intend to do.

We are moving quickly with the Bill because the situation in Northern Ireland is pressing. The power in clause 15 that would, among other things, allow Ministers to reduce the amount of the protocol that is excluded is designed to ensure that we can get the final, detailed design of the regime right. Its use is subject to a necessity test against a defined set of permitted purposes. It is designed to provide stakeholders in Northern Ireland with certainty that the Government will deliver the solutions that we have outlined to the problems that the protocol is causing.

It is essential that the power can be used quickly if needed. Although, in normal cases, the Government will of course engage with stakeholder groups in Northern Ireland, there may be occasions when the urgency of a situation means that the Government need to act swiftly. This amendment risks tying the Government’s hands behind their back, and that is why I ask the hon. Member for Foyle not to press it.

Amendment 40 is in the name of the right hon. Member for Tottenham, who I do not think is in his place. This is the first of a number of amendments from him in the same vein, to which the Government have a single view. The amendment would replace the test of “appropriateness” in the use of the Bill’s delegated powers with one of “necessity”. Members should not confuse this with the international law doctrine of necessity, as the right hon. Member is doing.

The question covers well-trodden ground. Members may remember the extended debates on this topic during the passage of the European Union (Withdrawal) Act 2018. The powers there are similar to those in this Bill, the European Union (Withdrawal Agreement) Act 2020 and the European Union (Future Relationship) Act 2020. I note that the House and their lordships in the other place ultimately accepted that the word “appropriateness” in this context was, in fact, appropriate.

The word “necessary”, which this amendment seeks to import, is a very strict legal test for a court to interpret. Where there are two or more choices available to Ministers as to what provision is appropriate to address the issues that the protocol has created, arguably neither one is strictly necessary, because there is an alternative. Ministers need to be able to exercise their discretion to choose the most appropriate course. That is why the word “appropriate” is the correct word.

There are clearly multiple choices in how to replace the elements of the protocol that no longer apply in our domestic law. The Government must propose that which would be the most appropriate choice. That is why we have chosen that word. I therefore ask the right hon. Member not to press his amendment.

Dissolution and Calling of Parliament Bill

Debate between Michael Ellis and John Redwood

Consideration of Lords amendments
Monday 14th March 2022 Commons Chamber

[Michael Ellis]

I agree with my right hon. Friend; there is of course a good reason why the 2017 to 2019 Parliament is referred to as the zombie Parliament.

I remind the House of the commitments that both parties made in 2019. The Conservatives committed to repealing the Fixed-term Parliaments Act.

[John Redwood (Wokingham) (Con)]

Will the Minister confirm that, if we dismiss Lords amendment 1 today, the courts will not have a role in fixing the dates for elections, because, surely, that is matter for us, answerable to the electors?

[Michael Ellis]

My right hon. Friend is quite right that it is not productive, and, in fact, it would not be in the interests of the judiciary themselves, for the courts to have such a role.

We committed to repealing the Fixed-term Parliaments Act, as it had led to paralysis at a time when the country needed decisive action. In a similar vein, the Labour manifesto said that the 2011 Act

“stifled democracy and propped up weak governments.”

A vote in the Commons could create paralysis in a number of contexts, including minority Governments, coalition Governments, or where our parties, Parliament or even the nation, at some point in the future, were divided.

As a majority on the Joint Committee on the Fixed-term Parliaments Act noted, a Commons vote would have a practical effect only where Parliament were gridlocked. The problem is that if the Government of the day had a comfortable majority, a vote would be unlikely to make any difference; it would have no meaningful effect, beyond causing unnecessary delay and expense. However, when Parliament is gridlocked, a vote could mean denying an election to a Government who were unable to function effectively. We witnessed the consequences of such a vote painfully in 2019, so let us not repeat that mistake by devising a system where those events could happen again. Lords amendment 1 is, therefore, with the greatest possible respect, without merit.

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

Debate between Michael Ellis and John Redwood

Tuesday 30th November 2021 Commons Chamber

[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.