All 5 Debates between Baroness Winterton of Doncaster and Michael Ellis

Wed 20th Jul 2022
Northern Ireland Protocol Bill
Commons Chamber

Committee stage: Committee of the whole House (day 3)
Wed 24th Feb 2021
Covert Human Intelligence Sources (Criminal Conduct) Bill
Commons Chamber

Consideration of Lords amendmentsPing Pong & Consideration of Lords amendments

Business of the House

Debate between Baroness Winterton of Doncaster and Michael Ellis
Thursday 7th December 2023

(11 months, 1 week ago)

Commons Chamber
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Baroness Winterton of Doncaster Portrait Madam Deputy Speaker
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Order. I will be prioritising those who did not contribute to the earlier urgent question and statement.

Michael Ellis Portrait Sir Michael Ellis (Northampton North) (Con)
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Can we have a debate on antisemitism in higher education? This week, the presidents of Harvard, MIT and Penn appeared before the United States Congress, and when asked repeatedly about whether calling for genocide of Jews breaks the university code of conduct and was harassment, they said that it “depends on the context” and whether the speech turned into actual genocidal conduct. It is impossible to imagine a call for mass murder of any other minority group being said to depend on the context. A call for the mass murder of black people or gay people would rightly not be tolerated for a moment. This is top-level institutional Jew hatred at the highest levels of academia, and sadly universities in the United Kingdom are also infested with antisemitism. Does the Leader of the House agree that British students must be protected from such poison?

Economic Activity of Public Bodies (Overseas Matters) Bill

Debate between Baroness Winterton of Doncaster and Michael Ellis
Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. May I provide a little guidance? If Members speak for a maximum of about eight minutes, we will be able to get everyone in.

Michael Ellis Portrait Sir Michael Ellis (Northampton North) (Con)
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I support this excellent Bill and wish to speak against all the amendments. I commend my right hon. Friend the Secretary of State for taking the Bill through the House. I support it for three principal reasons: first, it is genuinely needed; secondly, boycotts are inherently discriminatory and contrary to public policy, especially when engaged in by third-tier local authorities; and thirdly, the BDS movement internationally is inextricably linked to antisemitism. I will explore those three points briefly.

Perhaps I can give the House just two examples of why the Bill is needed. The first is the example of the now bankrupt Birmingham City Council, which threatened in 2014 not to renew a contract with the French multinational company Veolia due to its operations in the west bank. In 2015, Veolia withdrew from the Israeli market as a consequence and the BDS movement claimed that decision as a victory. Of course, that hurt Palestinians as well as everyone else. Another example, shamefully, is that of the supermarket Sainsbury’s. In at least one of its branches, it was put under so much pressure that it removed kosher food products from its shelves following virulent anti-Israel protests. So this is about protecting communities and avoiding antisemitism succeeding. The Bill will prevent divisive behaviour that undermines community cohesion across the country. I am afraid to say that BDS activity has legitimised and driven antisemitism in the United Kingdom, as it exclusively targets Israel.

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Michael Ellis Portrait Sir Michael Ellis
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I absolutely agree with my right hon. Friend, who makes his point eloquently.

Israel clearly has a vibrant economy and welcomes everyone. I challenge those both outside this House and in other countries who support the BDS movement to bear in mind that I suspect that they would not be able to function in today’s modern society if they were to personally boycott companies that are already deeply engaged in Israel and do business there. I will give some examples: Apple, Google, Intel, Microsoft, 3M, Alibaba, Amazon, Fujitsu, AOL, Siemens, Bosch, Sony, Texas Instruments, Samsung, Nestlé, Coca-Cola, Western Digital, Xerox, Mitsubishi, Pfizer, Salesforce, Visa, Mastercard, Honda, Ford. I have lists of dozens of companies that do business in the state of Israel. Let us bear in mind that those persons who seek to boycott Israel do so with an air of double standards. That is the very least that can be said about it. I support this Bill and reject all of the proposed amendments.

Northern Ireland Protocol Bill

Debate between Baroness Winterton of Doncaster and Michael Ellis
Michael Ellis Portrait Michael Ellis
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I beg to move, That the Bill be now read the Third time.

While the debates in Committee have been heated—literally, given the ambient temperature—the exchanges have been productive. Members heard detailed scrutiny of the Bill and the Government’s planned solutions to the problems that the protocol is causing in Northern Ireland. Some Members do not agree with the Government’s diagnosis, but it has been reassuring to note how many Opposition Members do agree and accept the problems, even if they do not currently accept that the Government have no choice but to proceed unilaterally. I can understand that, but unfortunately, while our door is always open, there does not appear to be a fruitful negotiation to be had with the European Union at present.

We have not had a Report stage debate, as the Committee did not see fit to amend the Bill. I, and the Government as a whole, see that as a strong vote of support for our proposals, and we hope that those who are eagerly waiting for them to come to pass in Northern Ireland will take heart in the knowledge that they may not have to wait too long, and that the House of Commons has heard them. I hope that the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) and his party will hear that too, and will continue their moves towards returning to power sharing.

The Bill is a powerful toolkit. I know that there are noble Lords in the other place who might think it too powerful, but the Government have been clear on our policy and the range of detailed regulations that will be required, and these are the tools for the job. The Bill provides certainty that the elements of the protocol that have developed into problems will no longer apply in our domestic law and, alongside that, ensures that the Government can honour their promises to the people of all the communities in Northern Ireland. We will protect that which is working to maintain the economic and social framework for north-south traders and nationalists, and we will fix that which is undermining the lives and livelihoods of east-west traders and Unionists.

This Bill is the Government’s top legislative priority. Given the grave situation in Northern Ireland, it must be so. Negotiations will always remain a possibility, and the Bill ensures that implementation of any agreement will not cause further delays. Negotiations tomorrow are always a day away, but it is today in Northern Ireland and the issues are clearly with us now. In the absence of other comprehensive and durable solutions, the Government and Parliament must act. I therefore commend the Bill to the House.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I call the shadow Minister, Stephen Doughty.

Appointment of Lord Lebedev

Debate between Baroness Winterton of Doncaster and Michael Ellis
Tuesday 29th March 2022

(2 years, 7 months ago)

Commons Chamber
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Michael Ellis Portrait Michael Ellis
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I have the feeling it will be a very long time before the Labour party is in a position to do that from the Government Benches.

The broader point is that the privacy rights of individuals need to be protected. The information shared to facilitate the vetting process is and must be handled carefully. It would be unwelcome for this House to set a precedent that such information is released, because, as I have said, to do so could deter individuals from putting themselves forward for such positions. I urge the House to reflect on whether the motion before us accords with the principle of restraint that Parliament has characteristically applied to the use of its powers. The passing of the motion would risk compromising the ability of an independent body to perform its role and, constitutionally, would impede the role of the Prime Minister in advising the sovereign on appointments. The process is necessarily confidential and the Government think it is unwise for the House to call for such information.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I call the Scottish National party spokesperson, Brendan O’Hara.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between Baroness Winterton of Doncaster and Michael Ellis
Michael Ellis Portrait The Solicitor General (Michael Ellis)
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I beg to move, That this House agrees with Lords amendment 3B.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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With this it will be convenient to consider Lords amendments 4B to 4J.

Michael Ellis Portrait The Solicitor General
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I am very pleased to be here today for the final debate on this important Bill before it receives Royal Assent and becomes law.

The Government introduced the Bill in order to provide a clear and consistent legal basis for the rare occasions when, in the course of their important work keeping us safe, it is necessary and proportionate for undercover agents to themselves participate in criminal conduct. That is a long-standing practice that has proved critical, frankly, in identifying and disrupting terrorist plots, drugs and firearms offences, and child sexual exploitation and abuse. For the first time, the Bill places that covert human intelligence source activity on an expressly statutory basis, providing our operational partners with the certainty that they can continue to utilise this tactic as we continue to respond to the evolving threat picture we face as a nation.

The Bill also resolves the tension that has previously existed where the state is asking an individual to engage in the difficult and dangerous work of frustrating crime without providing those self-same individuals with protection from prosecution for doing so. It will therefore benefit our ability henceforth to recruit and retain covert human intelligence sources.

I want to take this opportunity to thank all colleagues, in this House and in the other place, who have contributed to the thoughtful and detailed debates that we have had on the Bill. It is right that the important issues that it raises are subject to scrutiny, and I hope that Her Majesty’s Government have demonstrated a willingness to engage and provide reassurance where possible, including through private briefings with operational partners such as MI5 and others.

I believe that we have a good piece of legislation, which will now move on to the statute book. It strikes an important balance by providing for clear safeguards and independent oversight without jeopardising the operational workability of the regime.

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Michael Ellis Portrait The Solicitor General
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I thank Members for their contributions to this debate this afternoon. I will be brief in my response, as there has been extensive discussion on these issues during the Bill’s passage. First, in response to my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), I am happy to confirm that an authorisation of conduct that would breach the Human Rights Act would always be unlawful. All authorisations issued under the Bill must comply with the Human Rights Act or they will be unlawful. I can therefore confirm and place on record that the Human Rights Act binds all the authorised activity of undercover agents, alongside the state itself.

The Government have taken a collaborative approach to the passage of the Bill, as the House knows, recognising the seriousness of national security issues, and I thank Her Majesty’s Opposition for their similar approach. Where we have been able to provide greater reassurance in response to concerns raised by Parliament—for example, on oversight—we have done so, either through briefings, amendments to the code of practice or amendments to the Bill itself.

The Bill provides for a substantive oversight role for the Investigatory Powers Commissioner, who is independent, giving him real-time sight of every authorisation. It sets out detailed additional safeguards for the authorisation of juveniles or vulnerable adults, which will all be subject to oversight by the Investigatory Powers Commissioner. The code of practice that underpins the legislation, which will be subject to debate and vote by Parliament, then sets out the detailed processes that support the Bill and this activity.

Our approach to the Bill has been led by the advice and expertise of our operational partners, who will now implement it. We have sought to ensure that, in seeking to provide greater clarity and reassurance on the safeguards and processes, the Bill is both operationally workable and avoids any unintended consequences for the safety of a covert human intelligence source or, indeed, the wider public. I believe, and operational partners agree, that the Bill does that, and it will now move to Royal Assent.

I close by sending my best wishes to the Minister for Security, as many in the House have done, and expressing my gratitude and abiding respect for our security services and covert human intelligence sources in their work to protect the safety of this realm.

Lords amendment 3B agreed to.

Lords amendments 4B to 4J agreed to.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I will suspend the House for two minutes, to enable arrangements to be made for the next business.