Northern Ireland Protocol Bill

Baroness Winterton of Doncaster Excerpts

2nd reading
Monday 27th June 2022 Commons Chamber

Second Reading.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I must inform the House that the reasoned amendments have not been selected. Before I ask the Foreign Secretary to move Second Reading, I reiterate how important it is for Members who wish to speak in the debate to be here at the beginning to hear all the opening speeches, to stay in the Chamber for the vast majority of the debate and certainly for the winding-up speeches, and to be there in good time. It is very discourteous not to follow those rules, especially on an important debate such as this.

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[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for bringing this forward and for her comprehensive understanding of the position of many people in Northern Ireland. As someone who has had businesses contacting me for those who have openly stated that they are from a nationalist tradition and yet feel afraid to voice complaints to their own MP for fear of reprisals, I speak with confidence in assuring the Secretary of State that Northern Ireland as a whole needs this Bill not simply for cultural identity, which is imperative, but for financial viability for small businesses due to the effects of the EU’s vindictive approach to block VAT and state aid. This Bill really is long overdue.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Interventions should be fairly brief because we have a lot of people wanting to speak in this debate.

[Elizabeth Truss]

I was talking about the data that we are sharing with the EU. I am pleased to say that we already have this system in place. We are giving demonstrations to businesses and the EU to show how it works, and I am happy to make those demonstrations available to Members of Parliament as well. Any trader violating the lanes will face penalties and would face ejection from the scheme.

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[Ian Paisley]

On a point of order, Madam Deputy Speaker.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call Ian Paisley on a point of order, but I hope that this is not a way of disrupting the debate.

[Ian Paisley]

Is it in order for the shadow Secretary of State to indicate that he has had negotiations with the Democratic Unionist party when no such negotiations have taken place, Madam Deputy Speaker?

[Madam Deputy Speaker]

I thank the hon. Gentleman for his point of order. He knows that he is well able to ask to intervene again on the shadow Secretary of State. It undermines our debates if we come up with endless points of order that interrupt them. It is not a fair thing to do. The hon. Gentleman will try to catch my eye later; I suggest that we try to respect each other in the Chamber.

[Mr Lammy]

rose—

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[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

As will be very obvious to everyone here, there are many people who want to contribute to this debate. I do not want to put a time limit on immediately. I think one will be necessary, but it would be greatly helpful if Back-Bench colleagues could confine their remarks to a maximum of 10 minutes, and I think they will be quite popular if they manage to say anything in rather less than that. I call Simon Hoare.

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[Simon Hoare]

I will not, but I know the hon. Gentleman will understand why.

The argument of necessity is clearly not made. The Prime Minister himself wants to see this done by negotiation, and I agree with him. There is the option to trigger article 16 if the Government think that that is necessary. If the situation is as bad as some Ministers would have this House believe, one has to ask why they have not used the emergency brake of article 16, but have instead suggested a calm and tranquil Sunday afternoon walk through a bicameral system of legislative progress—something that will take 10 months. Either the data is as bad as they tell us it is—incidentally, it is not—in which case rapid action is required, or we are just going to do this, which suggests to me that this is all gamesmanship and muscle flexing. Belfast port is now handling a record amount of cargo; last year, it handled a record 25.6 million tonnes. The food and drinks sector is benefitting. More Irish businesses are buying stuff from Northern Ireland, which is good for Northern Ireland plc.

The Henry VIII clauses are wrong, the purpose of the Bill is wrong, and the necessity for it is not proven. I ask this question sincerely of my hon. and right hon. Friends on the Conservative Benches. We are talking about playing fast and loose with our international reputation; playing fast and loose with our adherence to the rule of law; an Executive power grab with Henry VIII clauses; and pandering and giving way to some sort of political brinkmanship on one side of the very sensitive divide in Northern Ireland, which we cannot afford to treat as a plaything. If the Labour party were on the Government Benches and doing what is contained in this Bill, what would our response be, as Conservatives? We would say that this was a party not fit for Government. We would say that it was a party that does not understand or respect our traditions, and that does not understand the importance of reputation. For a fellow Tory to have to point that out to Tories is shameful. I ask my hon. and right hon. Friends to think about what this does to our party’s reputation and to our nation’s reputation, because both are in peril.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

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[Mrs Theresa May (Maidenhead) (Con)]

I welcome the opportunity to speak in this debate, although I have to say to the lone Minister sitting on the Front Bench that I do not welcome this Bill. I fully understand and share the Government’s desire to uphold the Belfast/Good Friday agreement. I understand and share the desire to keep the Union of the United Kingdom. I recognise the frustration and difficulty when the Northern Ireland Assembly and Executive are not in place and operating. I also share the Government’s desire to get that Assembly and Executive back operating for the good of the people of Northern Ireland. I do not believe, however, that this Bill is the way to achieve those aims.

In thinking about the Bill, I started by asking myself three questions. First, do I consider it to be legal under international law? Secondly, will it achieve its aims? Thirdly, does it at least maintain the standing of the United Kingdom in the eyes of the world? My answer to all three questions is no. That is even before we look at the extraordinarily sweeping powers that the Bill would give to Ministers.

The Government’s claim of legality, as we have heard, is based on the doctrine of necessity in international law. The Government, as the Foreign Secretary said, have published a legal position, and that described this term “necessity” in the following way:

“the term ‘necessity’ is used in international law to lawfully justify situations where the only way a State can safeguard an essential interest is the non-performance of another international obligation…the action taken may not seriously impair the essential interests of the other State(s), and cannot be claimed where excluded by the relevant obligation or where the State invoking it has contributed to the situation of necessity.”

Let us examine that. First, if the necessity argument is to hold, this Bill must be the only way to achieve the Government’s desires, yet the Government’s legal position paper itself accepts that there are other ways. For example, it says:

“The Government’s preference remains a negotiated outcome”,

which was reiterated by the Foreign Secretary in her opening speech. The paper also acknowledges that another way to deal with this issue lies in the existence of article 16. The Government’s preferred option is negotiation, and then there is a second option, which is article 16.

Article 16 is referred to in the legal position paper, but when I read that I thought it was referred to in a way that seemed to try to say that the existence of article 16 somehow justifies the introduction of this Bill. Article 16 does not justify this Bill; the very existence of article 16 negates the legal justification for the Bill.

Let us also examine some of the other arguments for invoking the necessity defence. That defence cannot be claimed where the state invoking it has contributed to the situation of necessity. Again, in their legal position paper, the Government set out their argument that

“the peril that has emerged was not inherent in the Protocol’s provisions.”

I find that a most extraordinary statement. The peril is a direct result of the border down the Irish sea, which was an integral and inherent part of the protocol that the Government signed in the withdrawal agreement. It is possible that the Government might say, “Ah well, we knew about that, but we did not think the DUP would react in the way that it has.” I say to the Minister that the Government should have listened to the DUP in the many debates that went on over the withdrawal agreement, because it made its position on the protocol very clear at that point, and it was not positive.

Finally, necessity suggests urgency; “imminent peril” is the phrase used. There is nothing urgent about the Bill. It has not been introduced as emergency legislation. It is likely to take not weeks, but months to get through Parliament. As the former Treasury solicitor Jonathan Jones said in The House magazine,

“If the UK really did face imminent peril, you might think the government would need to deal with it more quickly than that.”

My answer to all those who question whether the Bill is legal under international law is that for all the above reasons, no, it is not.

Question two is whether the Bill will achieve its aims. I am assuming that the aims are either to encourage the DUP into the Northern Ireland Executive, or that the Bill is a negotiating tool to bring the EU back round to the table. On the first of those, so far I have seen no absolute commitment from the DUP that the Executive will be up and running as a result of the Bill. There were rumours that that might happen on Second Reading, but as far as I can see it has not happened. If my right hon. Friend the Foreign Secretary wants to have a discussion with me about negotiations with other parties in this House on various matters, I am happy to do so.

If the Bill is a negotiating tool, will it actually bring the EU back round the table? So far, we have seen no sign of that. My experience was that the EU looks carefully at the political situation in any country. As I discovered after I had faced a no-confidence vote—and despite having won that vote—the EU then starts to ask itself, “Is it really worth negotiating with these people in government, because will they actually be there in any period of time?”, regardless of the justification or otherwise for its taking that view. I suspect those in the EU are saying to themselves, “Why should we negotiate in detail with a Government who show themselves willing to sign an agreement, claim it as a victory and then try to tear part of it up after less than three years?” My answer to the second question as to whether the Bill will achieve its aims is no, it will not.

My final question was about the UK’s standing in the world. The UK’s standing in the world, and our ability to convene and encourage others in the defence of our shared values, depends on the respect that others have for us as a country—a country that keeps its word and displays those shared values in its actions. As a patriot, I would not want to do anything to diminish this country in the eyes of the world. I have to say to the Government that this Bill is not in my view legal in international law, it will not achieve its aims and it will diminish the standing of the United Kingdom in the eyes of the world. I cannot support it.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I am grateful to the Back-Bench speakers so far, who have been very considerate of others in the length of their speeches, but I will after the next speaker have to introduce an eight-minute time limit in order to be able to give everybody equal access.

Ukraine Update

Baroness Winterton of Doncaster Excerpts

Thursday 16th June 2022 Commons Chamber

[Elizabeth Truss]

I thank the right hon. Gentleman for his strong support for the actions that we are taking to support Ukraine and to condemn Russia for this appalling illegal war. We continue to be in talks with the Ukrainians about what more we can do—we are now supplying, as I mentioned, multiple-launch rocket systems—but what is important is that they do get up to NATO-standard equipment. To develop those plans, we have the joint commission with Poland and Ukraine, and we will be saying more on that at the NATO summit.

The right hon. Gentleman is also right about the appalling forced transfer of people to Russia, including children. That is why, in today’s sanctions, we are specifically targeting those who are enabling that appalling practice. He is right, too, about global food prices, and the appalling way in which Russia is weaponising hunger to pursue its ends in Ukraine. We are working with our G7 allies on helping to get the grain out of Ukraine. We are also in talks with the UN. We are doing all we can to facilitate Finland and Sweden’s urgent accession to NATO. What Putin wanted was less NATO, but what he is getting is more NATO, as people understand that the Euro-Atlantic alliance is vital to securing security across Europe.

We are in regular talks with the Ukrainian Government on the British citizens, who are prisoners of war; they were fighting legitimately with the Ukrainian army. What Russia has done is a complete violation of the Geneva convention, and we are taking all the steps that we can.

On the future of Russia, it is clear that we can never allow Russia to be in a position to undertake this aggression again—that is to do with internal repression as well as external aggression—which is why we wholeheartedly support Navalny. We are very concerned about the reports that we have heard, and we urge Russia to release him as soon as possible.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Defence Committee.

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[Elizabeth Truss]

My right hon. Friend is right to highlight the very serious issues in Odesa. We are working with the Ukrainians on shore-to-ship weapons to help to protect the port. We are working with the United Nations, through the General Assembly and other mechanisms, to try to secure access to the port. However, it is also important to look at the coalitions of the willing that could take action, and the G7 is important in that; that is why I am having a video call with my G7 Foreign Minister counterparts. Turkey also has an important role to play, and we are also in talks with the Turks. We are doing all we can to get that grain out of Ukraine, because it is vital for the Ukrainian economy and to deal with the very real issue of world hunger.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call SNP spokesperson Owen Thompson.

[Owen Thompson (Midlothian) (SNP)]

I thank the Foreign Secretary for advance sight of her statement. On the SNP Benches, we continue to stand in support of the actions of the Government and in absolute solidarity with the people of Ukraine. The fallout from this crisis has had an alarming impact on other regions. In the middle east alone, Lebanon’s wheat flour prices are already up 47%, Yemen’s cooking oil prices up 36% and Syria’s cooking oil prices up 39%. Chris Elliott from the Institute for Global Food Security at Queen’s University Belfast has said that there are likely to be famines in Africa because of what is happening in Ukraine, and David Beasley, the World Food Programme’s executive director, has told the world to get ready for hell.

The Foreign Office’s international development strategy, published just last month, locked in aid cuts imposed by this Government on countries such as Syria for years to come, so what steps will the Foreign Secretary take to reconsider those decisions? US President Biden has signed off on a plan to help to export 25 million tonnes of grain stuck in Ukraine by rail because of the Russian naval blockade, with a plan to build silos in Poland. What discussions has the Foreign Secretary had with American and Polish allies to offer support in the construction and logistical delivery of that plan?

The actions of many in spreading misinformation are having a significant impact, so what action is the Foreign Secretary taking to clamp down further on bots and cyber-troops who perpetuate such misinformation? SNP Members are supportive of the Government’s sanctions regime against the Kremlin, which is essential as a component of our response to Putin’s heinous crimes in the invasion of Ukraine. With that in mind, I draw the Foreign Secretary’s attention to the effect of sanctions in non-Government-controlled areas. Sanctions prohibit the transfer of certain goods and technical equipment, including water pumps and refrigeration equipment, so what steps is she taking to ensure that humanitarian organisations can better get that equipment into those areas?

Violence against Religious Groups: Nigeria

Baroness Winterton of Doncaster Excerpts

Monday 6th June 2022 Commons Chamber

[Vicky Ford]

First, I thank my hon. Friend for securing this urgent question, and I thank you, Mr Speaker, for granting it. I thank my hon. Friend for all she does to speak for freedom of religion or belief across the world. This was, as I have said, a heinous act. We have condemned it. It has been widely condemned by Christian leaders and Muslim leaders, and leaders of different faiths in Nigeria have been vocal, including the Nigerian Supreme Council for Islamic Affairs under the leadership of the President-General and Sultan of Sokoto. I mention that because it is important to note that religious leaders from all sides are coming together to condemn this attack.

As I said in my opening statement, it is clear that religious identity can be a factor in some of these violent issues. The sad fact is that Nigeria is a country that is becoming increasingly violent. It is violent, and there is rising conflict and insecurity. That includes terrorism in the north-east, and separately inter-communal conflicts and criminal banditry in the north-west and middle belt, and violence in the south-east and south-west. Ondo state, as my hon. Friend says, was an area that had not experienced tragedies such as this.

Our high commissioner has spoken to the parish priest of the church that was attacked to express our support and solidarity. We are encouraging religious leaders to speak out against this attack and others who continue to target religious institutions. We are working closely with religious leaders, but also liaising with the authorities in Ondo state to encourage a thorough investigation. My hon. Friend gave her thoughts about investigation, and we are talking directly to the state about how best to help it and to support those coming together. We are working with local faith actors and have done so since Sunday’s attack.

One thing I would point out is the really sad fact that we are seeing targeted actions against Muslim communities, as well as against Christian communities. For example, in April, gunmen attacked a mosque in Taraba state. It is important to work with all sides when we are tackling these issues. That is why the UK will continue to work with the Government of Nigeria on medium-term and long-term programmes to help address the causes of the instability, as well as working with the police, for example, on improving the work that they do.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister, Bambos Charalambous.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

I begin by thanking Mr Speaker for granting this urgent question. My hon. Friend the Member for West Ham (Ms Brown) would have been speaking for the Opposition in this urgent question, but she is unable to be with us today because she has covid. We wish her a speedy recovery. [Hon. Members: “Hear, hear.”]

The massacre in Owo yesterday was utterly horrific. To target a church where so many were gathered to peacefully pray and celebrate Pentecost is truly appalling. Reports suggest that at least 50 people have been killed, including children. The shock and sorrow, and the anger and despair felt by the families and communities broken by this atrocity will be shared on both sides of the House. Our solidarity extends further to the many across Nigeria in shared mourning for the lives lost and to the millions of Catholics around the world and so many in British Nigerian communities who feel this is a personal blow.

Sadly, this is not an isolated incident. Religious and ethnic bloodshed, kidnappings, banditry, vigilantism and revenge attacks are all on the increase in Nigeria, and each attack deepens the conditions for further violence. Insecurity has been increasing rapidly across much of west Africa, and we have not seen an equally urgent response from the Government.

As the desert expands with climate heating, traditional livelihoods are destroyed, Governments are weakened and distrust grows along economic, ethnic and religious lines, and criminals and terrorists fill the void. Surely we must recognise that insecurity poses a threat even to the stability of Nigeria as a democracy, and supporting such an important regional and global partner must be a top priority. How will the Government adapt and build on the UK-Nigeria security and defence partnership to focus on the drivers of insecurity on the ground across Nigeria? What will the Government do to stop Nigeria and the wider region from sliding further into instability with all the further atrocities that will result?

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[Vicky Ford]

I believe my right hon. Friend is talking about the awful murder of Deborah Samuel Yakubu, which took place on 13 May. It was another barbaric and heinous act, and I have expressed my public condemnation of it. We have urged the relevant authorities to ensure that the perpetrators face justice in line with the law. I was also extremely sad and troubled to hear over the weekend that there was the stoning and burning to death of, I believe, a member of a Muslim community in Abuja. Again, that reflects the incredibly difficult situation we have. There is of course concern that, as we move towards an election, violence may increase. That is why we are urging everybody to stay calm, and why it is so important that leaders come together to condemn this attack, but also to urge calm.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

[Brendan O’Hara (Argyll and Bute) (SNP)]

I send our deepest condolences to everyone affected by this appalling attack. This time last week, I was in Nigeria with the hon. Member for Strangford (Jim Shannon). Although this latest atrocity is truly shocking, I fear that it will come as no surprise to the religious leaders, civil society activists and victims we met, all of whom told us how rampant corruption, a culture of impunity, the inability of the state to provide adequate security and escalating poverty are driving that beautiful country to the edge of catastrophe.

Can the Minister tell me what practical help she has offered? In a country where we were told that everything is seen through the prism of religion, when did she last meet the special envoy specifically to discuss the escalating religious-based violence in Nigeria? Rather than cutting aid by 50%, should the UK not be investing to alleviate poverty and building interfaith, inter-community trust relationships to prevent such radicalisation in future?

Northern Ireland Protocol

Baroness Winterton of Doncaster Excerpts

Tuesday 17th May 2022 Commons Chamber

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I realise the importance of this statement, but I inform Members that we have a very well-subscribed debate to follow, so it would be helpful if we could have brief questions.

Elections Bill

Baroness Winterton of Doncaster Excerpts

Consideration of Lords amendments
Wednesday 27th April 2022 Commons Chamber

[The Minister for Levelling Up Communities (Kemi Badenoch)]

I beg to move, That this House disagrees with Lords amendment 22.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Government amendments (a) to (i) to the words restored to the Bill.

Lords amendment 23, and Government motion to disagree.

Government amendments (a) to (k) in lieu of Lords amendments 22 and 23.

Lords amendment 86, and Government motion to disagree.

Lords amendments 1 to 21, 24 to 85 and 87 to 126.

[Kemi Badenoch]

The Bill has returned to the Commons after wide-ranging and often intense debate in the other place. I am grateful to my colleagues there, Lord True, Baroness Scott and Earl Howe, for their efforts in ensuring that the Bill was able to benefit from that scrutiny. The Bill delivers on key manifesto commitments to protect our democracy as well as a range of recommendations from consultations, parliamentarians, Select Committees, international observers and electoral stakeholders.

I will come to the more positive highlights of the Bill’s passage shortly, but I must, with regret, begin with the areas where the Government cannot agree with the changes made. We disagree with Lords amendment 86, tabled by Lord Willetts, Lord Woolley, Baroness Lister of Burtersett and the Lord Bishop of Coventry, which suggests a long list of new documents that could be used as a form of identification at polling stations, including non-photographic documents such as a bank statement, a council tax letter, a P45 or P60 form. The Government have been clear that the most straightforward and secure way of confirming someone’s identity is photographic identification. The Electoral Commission found this to be the best approach to pursue in the pilots undertaken by the Government in 2018 and 2019.

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[John McDonnell]

I apologise to the Minister for being a few minutes late and therefore missing her introduction; I received a green card asking me to visit a constituent who was lobbying me.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I can assure the right hon. Gentleman that I knew he was here before, out for a very short time, and here for the majority of the Minister’s opening speech.

Ukraine

Baroness Winterton of Doncaster Excerpts

Tuesday 26th April 2022 Commons Chamber

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before I call the SNP spokesperson, everyone will have noticed that a lot of people want to contribute to the debate. I will introduce a time limit and it will probably be seven minutes.

Ukraine

Baroness Winterton of Doncaster Excerpts

Monday 28th March 2022 Commons Chamber

[Elizabeth Truss]

My hon. Friend makes a good point about the peace dividend. The reality is that, right across the west, not enough has been spent on defence. Meanwhile, the Russians have been building up their armed forces, their military capability and their disinformation efforts. One thing I have done is to re-establish an information unit in the Foreign Office to tackle Russian disinformation. We are working to get that information into Russia so that the people of Russia have a clear view about what is going on, in contrast to the propaganda from their Government. We are also working on expanding our soft power, whether it is through the BBC or other outlets, to get the truth across to the people of Russia. As to my hon. Friend’s other point, I am sure that he will be raising it with the Chancellor at Treasury questions very soon.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson, Alyn Smith.

[Alyn Smith (Stirling) (SNP)]

I, too, am grateful for advance sight of the statement, and I commend the Foreign Secretary on the very open approach that she has taken to briefing parties across the House on this crucial issue.

The SNP stands part of the international coalition to defend Ukraine and international law, so I welcome the co-ordination across the EU, G7 and NATO. We support the provision of arms, and the further provision of arms, to Ukraine, and we particularly support the establishment of the negotiations unit to help the Ukrainians to negotiate properly. I share the Foreign Secretary’s scepticism about President Putin’s good faith, but let us remember that every single cold war dispute ended with a negotiated outcome of some sort, so we need to keep up that support. I also strongly welcome the support for accountability for war crimes, because we need to think towards the peace at the end of the war.

I am glad to see that sanctions are ramping up. Can the Foreign Secretary confirm to the House that the intention is that, if a person or bank is sanctioned in one G7 or EU territory, that will be mirrored across the other territories? When will that be achieved? I appreciate that we all come from different legal backgrounds, but I think it is important that we set a timescale for matching each other’s sanctions.

On refugees, there is considerable difference between the SNP and the Government. We would far rather have seen the UK mirror the EU’s approach by waiving visas for three years. We think that that would have been generous and proportionate, but it is not what happened. I welcome the fact that the Homes for Ukraine scheme has had 150,000 applications, but I think the far more meaningful statistic is how many of them have been fulfilled. Can she tell us that? If she cannot tell us that, we need to do a bit less self-congratulating about the Homes for Ukraine scheme—I say that constructively. Does she share my concern that the Home Office needs a lot more resource to process those applications properly, and can she confirm that that discussion is under way?

More generally, does the Foreign Secretary agree that the integrated review is now rather badly out of date? Will she give us any indication of the thinking within the Government about updating and refreshing it, because it strikes me that that needs to be done urgently?

Iran Detainees

Baroness Winterton of Doncaster Excerpts

Wednesday 16th March 2022 Commons Chamber

[Angela Rayner (Ashton-under-Lyne) (Lab)]

On a point of order, Madam Deputy Speaker. Earlier today, I asked the Deputy Prime Minister whether the Prime Minister had ever asked anyone to urge the security services to revise, reconsider or withdraw their assessment of Lord Lebedev of Hampton and Siberia. He replied that the suggestion was “sheer nonsense”. But this afternoon the Prime Minister’s former chief adviser has stated in writing that the Prime Minister was told that the intelligence services had “serious reservations” but “cut a deal” to provide the Commission with a “sanitised” version of the advice. The ministerial code requires Ministers to correct the record if they inadvertently mislead the House, as the former Downing Street chief of staff has alleged. So can you tell me, Madam Deputy Speaker, whether you have had any notice from the Deputy Prime Minister that he intends to come to the House to correct the record, and if not, can you advise me about how the House can get to the truth of this very serious issue?

[Madam Deputy Speaker (Dame Rosie Winterton)]

I am grateful to the right hon. Lady for her point of order and for giving me notice of it. As she will know, the Speaker is not responsible for ministerial answers. She is quite correct that the ministerial code requires Ministers to correct any inadvertent errors. Those on the Government Front Bench—I am looking to the Whip and to the Ministers—will have heard her comments, and if an error has been made in this instance, I hope that it will be corrected speedily. Of course the Minister concerned may take the view that there is no inaccuracy. I am quite certain that the right hon. Lady will find ways to pursue the matter in any event.

Uyghur Tribunal Judgment

Baroness Winterton of Doncaster Excerpts

Thursday 20th January 2022 Commons Chamber

[Ms Ghani]

The Government can fall back on the line, “It requires the United Nations to determine genocide”, but the discussion today is that once the Government are made aware that there is an intent of genocide, that unlocks legal obligations to assess that risk for the Government and for the British public.

As I just mentioned, the Government must carry out risk assessments and undertake due diligence to make sure that they and the British public are not at risk; it is a responsibility of Government, not the courts, following the 2007 legal determination. Before we are told, “It is impossible. It is impractical.”, let me point out that that is just wrong and that other Governments are acting. Our allies in America last month introduced a landmark piece of legislation, the Uyghur Forced Labour Prevention Act, which will stop imports arriving in America from Xinjiang, putting the burden of proof on companies to show that they are not selling goods stained red with Uyghur slave labour. Our public, the British public, do not want to be duped into putting money into the pocket of firms—British firms—selling slave labour products on our shelves. This gets even more absurd, because if we are set on seeking a free trade agreement with America, the Government must strongly consider how enthusiastic our allies in Washington will be about the prospect of the UK being the gateway for whitewashed Uyghur slave labour goods imported from Xinjiang through the UK and ending up in the United States. The Government’s position is now making us a laughing stock. There is no point talking tough but not taking any action.

Let me give the House some examples of that. Last year, the Government promised a bundle of measures

“to help ensure that British organisations are not complicit in, nor profiting from, human rights violations in Xinjiang.”

There has been zero progress. The Government promised

“a Minister led campaign of business engagement to reinforce the need for UK businesses to take action to address the risk.”

There has been zero progress. The Government promised

“the introduction of financial penalties for organisations who fail to meet their statutory obligations to publish annual modern slavery statements, under the Modern Slavery Act.”

There has been zero progress. We cannot even go to Xinjiang to do basic due diligence, so how can we prove that no slavery is taking place? We just have to act—the law is on our side.

Let me leave the House with the story of Tursunay Ziyawudun, a Uyghur camp survivor I had the honour of meeting last year. Many have argued that this is the most technically advanced genocide that has ever taken place, so survivors are really rare. Tursunay was tortured and later gang-raped on many occasions, and had an electric device inserted into her vagina. The biggest damage is that Tursunay feels ashamed, but it is us who should be ashamed that we have taken no action to stop her people being destroyed by genocide. We have taken no action to protect the British public and prevent those British companies from making profit on the back of this genocide. I urge the Minister—I know that Tursunay would be pleading with the Minister here and that the House, with its unanimous support for backing the previous amendment, implores the Government—to live up to their moral and legal obligation and carry out the urgent assessment of genocide in Xinjiang, and to do so for the Uyghur people and to protect the British public.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before I call the next speaker, let me say that we have two important debates this afternoon. We have a good amount of time, but not an excessive amount of time, so I ask colleagues to bear that in mind and not to give over-lengthy speeches.

Local Government (Disqualification) Bill

Baroness Winterton of Doncaster Excerpts

Report stage
Friday 14th January 2022 Commons Chamber

Consideration of Bill, not amended in the Public Bill Committee

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before I call Sir Christopher Chope, it may be useful to Members if I set out the differences between Report and Third Reading.

Report is also known as “consideration”, and provides an opportunity for the whole House to consider what has been done in Committee. Members may table amendments either as probing amendments to elicit more information, or because they want to make changes to the Bill. The scope of the debate is restricted to the amendments that have been tabled. Third Reading provides the final opportunities for Members to pass or reject the whole Bill; Members can speak about the Bill as a whole, and the debate is much wider. Members may wish to consider that, and then decide at which stage they want to try to catch my eye.

New Clause 1

Members of local authorities: disqualification relating to drink and drug driving offences (England)

“In the Local Government Act 1972, after section 81 insert—

“81A Disqualification relating to drink and drug driving offences etc (England)

(1) A person is disqualified for being elected or being a member of a local authority in England if the person is subject to—

(a) a conviction for driving or being in charge with alcohol concentration above prescribed limit contrary to section 5 of the Road Traffic Act 1988;

(b) a conviction for driving or being in charge with concentration of specified controlled drug above specified limit contrary to section 5A of the Road Traffic Act 1988.

(2) For the purposes of subsection (1) a person shall not be regarded as having a conviction until—

(a) the expiry of the ordinary period allowed for making an appeal against the conviction, or

(b) if such an appeal is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.””—(Sir Christopher Chope.)

Brought up, and read the First time.

[Sir Christopher Chope (Christchurch) (Con)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

New clause 2—Members of local authorities: disqualification relating to controlled

drugs offences (England)—

“In the Local Government Act 1972, after section 81 insert—

“81A Disqualification relating to controlled drugs offences etc (England)

(1) A person is disqualified for being elected or being a member of a local authority in England if the person is subject to a conviction relating to controlled drugs contrary to the Misuse of Drugs Act 1971.

(2) For the purposes of subsection (1) a person shall not be regarded as having a conviction until—

(a) the expiry of the ordinary period allowed for making an appeal against the conviction, or

(b) if such an appeal is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.””

New clause 3—Members of local authorities: disqualification relating to anti-social behaviour sanctions issued by the Court (England)—

“In the Local Government Act 1972, after section 81 insert—

“81A Disqualification relating to anti-social behaviour sanctions

(1) A person is disqualified for being elected or being a member of a local authority in England if the person is subject to a civil injunction made under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014.

(2) For the purposes of subsection (1) a person shall not be regarded as being disqualified until—

(a) the expiry of the ordinary period allowed for making an appeal against the civil injunction, or

(b) if such an appeal is made the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.””

This new clause would disqualify persons subject to an anti-social behaviour injunction from serving in local government in England, as consulted on by the Government in 2017.

Amendment 1, in clause 1, page 1, line 6, after “authority” insert “(except a parish council)”.

This amendment excludes parish councils from the provisions of Clause 1.

Amendment 2, page 2, leave out line 2.

This amendment (and Amendment 3) remove being subject to a sexual risk order from the list of reasons for disqualification from serving in local government in England, as consulted on by the Government in 2017.

Amendment 3, page 2, leave out lines 7 and 8.

See explanatory statement for Amendment 2.

Amendment 4, page 2, leave out lines 42 to 48.

This amendment is consequential on Amendment 1.

[Sir Christopher Chope]

This is an important Bill, and I think everyone supports it in principle, because it is designed to ensure that those in local government who fall short of the behaviour expected of them in a civilised society are disqualified from being able to participate in local government. My problem with the Bill at the moment is that it is very selective. It deals only with sexual offences, and does not extend to other offences which I think are equally important, particularly in the context of local councillors who have responsibility for road safety, for example, and also for social services and dealing with the scourge of illegal drug taking.

New clause 1 contains the first such addition that I want to make. It accords very much with the strategy of the Bill, which was set out by the current Chancellor of the Exchequer when he was the Minister for local government. In his ministerial foreword to the response to the consultation on updating the disqualification criteria for councillors and mayors, published in October 2018, he wrote:

“The Government considers there should be consequences where councillors, mayors and London Assembly members fall short of the behaviour expected in an inclusive and tolerant society… Elected members play a crucial role in town halls across the country, and are the foundations of local democracy. They are community champions, and have a leading role to play in building a better society for everyone.”

My view, reflected in new clause 1, is that councillors who fall below the standards expected in relation to drink and drug driving offences should be included in the category of those who are disqualified from being able to serve as councillors and mayors. I think that they fall four-square within the Government’s definition of having been convicted of behaviour which everyone in a right-minded society would say was intolerable. Why should people who are in that position be allowed to continue as councillors while other councillors who have been convicted of a different set of antisocial offences are excluded? That is the essence of new clause 1. If someone is convicted of driving or being in charge of a motor vehicle with excess alcohol or a controlled drug, they should not be able to hold office as an elected councillor in this country.