Northern Ireland Protocol Bill

Debate between Baroness May of Maidenhead and Baroness Winterton of Doncaster

2nd reading
Monday 27th June 2022 Commons Chamber

[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.

Article 50

Debate between Baroness May of Maidenhead and Baroness Winterton of Doncaster

Wednesday 29th March 2017 Commons Chamber

[The Prime Minister]

My hon. Friend is right. Obviously, there were predictions about what would happen to the economy if the United Kingdom voted to leave. Those predictions have not proved to be correct and we see a strong economy. Of course, as we go forward we want to build on that. We want to ensure that we get those comprehensive trade agreements. I believe that a comprehensive free trade agreement with the European Union should be our aim. That is what we will be working for, but we will also be looking to promote trade around the rest of the world. As my hon. Friend has said, it is in the interests of everybody—not just the UK or the EU, but countries around the world—that we stand up for the benefits of free trade and promote free trade around the world.

[Dame Rosie Winterton (Doncaster Central) (Lab)]

As has been said, the Prime Minister referred in her statement to “taking account of the specific interests of every nation and region of the UK”, but leading councils in Yorkshire have had no contact whatsoever from the Government. Will she please now work with local government and local enterprise boards in all English regions to analyse the effect of Brexit on jobs, trade and investment, so that negotiations can achieve, as was promised by the Secretary of State for Brexit, not just an aspiration, but the “exact same benefits” as we have from membership of the single market and the customs union? The Prime Minister sidestepped the question from the Leader of the Opposition, so may I ask it again? Does she believe that the English regions can get the exact same benefits as before?

[The Prime Minister]

The right hon. Lady has asked a number of questions. I am very clear that we want to ensure that we get that comprehensive free trade agreement that gives our businesses the benefits that they have had as members of the European Union. My right hon. Friend the Secretary of State for Exiting the European Union is talking to local mayors and local authorities. The right hon. Lady mentioned local enterprise partnerships. As it happens, I had a roundtable with representative chairmen of LEPs on Tuesday in Birmingham and talked to them about the future, so we are listening to those voices from across the regions.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and Baroness Winterton of Doncaster

Wednesday 2nd November 2016 Commons Chamber

[The Prime Minister]

I am very happy to congratulate my neighbouring MP and Henley-on-Thames on that achievement. My hon. Friend is absolutely right that neighbourhood plans are a crucial part of the planning system. That is how local people can have a real say over what is happening in their local area.

[Dame Rosie Winterton (Doncaster Central) (Lab)]

May I add my congratulations to my hon. Friend the Member for St Helens North (Conor McGinn)? Moving swiftly from midwives to doctors, is the Prime Minister aware that doctors in Doncaster face a crisis in primary care, because as GPs retire, it is proving almost impossible to get new ones to take over their practices? Because of restrictions in the Health and Social Care Act 2012, NHS bodies cannot take the necessary action, for example putting in salaried GPs. Will she do something about this matter quickly? Otherwise, many of my constituents will be left without a doctor.

[The Prime Minister]

After my unfortunate mistake earlier about the right hon. Member for Islington North (Jeremy Corbyn), I failed to add my congratulations to the hon. Member for St Helens North (Conor McGinn), so am happy now to do so.

It is important to have GPs coming through, so that we can replace those who are retiring. Over the past six years we have seen thousands more GPs in our NHS. That is why the Under-Secretary of State for Health, my hon. Friend the Member for Warrington South (David Mowat), and my right hon. Friend the Secretary of State for Health are ensuring that we have a programme to bring more doctors into training, so that places such as the right hon. Lady’s constituency, and those of other Members across the House, have GPs in the numbers needed.

European Council

Debate between Baroness May of Maidenhead and Baroness Winterton of Doncaster

Monday 24th October 2016 Commons Chamber

[The Prime Minister]

I absolutely agree with my right hon. Friend. This Parliament voted six to one for the British people to decide whether we should leave or remain in the EU. The British people gave their verdict. It is now our job to get on with it and to make a success of it.

[Dame Rosie Winterton (Doncaster Central) (Lab)]

In preparation for the Council meeting, did the Prime Minister commission any English regional impact assessments of Brexit? DB Cargo UK, whose headquarters are in Doncaster, last week announced 893 redundancies, stating, and I quote from a letter to the ASLEF trade union:

“The Brexit effect means investment decisions on major infrastructure projects...have been delayed or stopped altogether and customers have decreased or cancelled orders.”

Therefore, will the Prime Minister undertake to publish Brexit regional impact assessments? How will she ensure that the voice of the English regions is heard during Brexit negotiations?

[The Prime Minister]

The right hon. Lady makes an important point about the impact that Brexit will have on the economy generally as we go through this period of negotiations. Although people often talk about the impact on Scotland, Wales or Northern Ireland, there will of course be potential impacts on different parts of the United Kingdom. The Department for Exiting the European Union is talking to different industrial sectors and to agriculture throughout the UK precisely to understand what the priorities are and what the impact might be to ensure that when we negotiate the deal we negotiate the best possible deal—one that is right not just for the four nations but for the country and that works for everyone.

Disturbances (London)

Debate between Baroness May of Maidenhead and Baroness Winterton of Doncaster

Monday 28th March 2011 Commons Chamber

[Mrs May]

Of course it was important that the police learned from recent experience of policing demonstrations, and that, as a result, they chose to operate slightly differently and to use slightly different tactics. I quoted Liberty earlier, which made it clear that some of the violent demonstrators were moving in and out of the peaceful demonstration and—

[Ms Rosie Winterton (Doncaster Central) (Lab)]

And the Mayor?

[Mrs May]

I would say to those who want to comment on the remarks made by individuals about the demonstration that the reason Opposition Front Benchers are choosing to say so much about the Mayor is perhaps because they do not want to talk much about the comments made by the Leader of the Opposition at the demonstration.