Northern Ireland Troubles: Legacy and Reconciliation
Debate between Alex Burghart and Desmond Swayne(1 month, 1 week ago)
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Alex Burghart
That is exactly one of the reasons why the next Conservative Government will leave the European convention on human rights.
Sir Desmond Swayne
The Human Rights Act 1998 does not require the Government to take any action as a consequence of the decisions that were made in the courts; it is entirely a matter for this House. The Government have made a choice. They had a choice to pursue the change through primary legislation or through this remedial order. They made a choice, notwithstanding the fact that they have a Bill coming down the line. Frankly, I think that was a ridiculous decision by my Committee, but there it is. [Laughter.]
Alex Burghart
I believe that we almost got a scintilla of insight into how my right hon. Friend feels about the latest Joint Committee on Human Rights report. I am grateful to him for pre-empting some of what I am about to say. I do worry that there is a bigger game going on in Government. My hon. Friend the Member for Spelthorne (Lincoln Jopp) said that veterans are being used as pawns in lawfare, but I wonder whether the case against veterans is a pawn in a bigger game that the Government are playing with the European Union. The Secretary of State says he has no choice, but of course His Majesty’s Government do have a choice. They have options.
The first option the Government had was to appeal, but they did not. The second option they have is to wait. On 15 October last year, the Northern Ireland Veterans Movement, represented pro bono by Lord Wolfson KC, was heard by the Court, and allowed to give oral and written evidence, which the Court is now considering. It is perfectly in scope for the UK Supreme Court to find that elements of the legacy Act are not actually incompatible with the European convention on human rights. However, if the Secretary of State’s remedial order has gone through both Houses by that time, we will be presented with legal chaos, because the Government will have used an order that they had no authority to use in order to remove primary legislation that should still be in place. The Government can avoid this: all they need do is wait and see what the Supreme Court says. In fairness, the Secretary of State thinks he knows what the Supreme Court will say. In reality, I am not sure that he does—but he has that option.
Northern Ireland Troubles Bill
Debate between Alex Burghart and Desmond SwayneTuesday 18th November 2025
(3 months, 2 weeks ago)
Commons ChamberRead Full debate Northern Ireland Troubles Bill 2024-26 View all Northern Ireland Troubles Bill 2024-26 Debates Read Hansard Text Read Debate Ministerial Extracts
Sir Desmond Swayne
Even if the Supreme Court had opined on the matter and judged it to be incompatible, that would not have changed the law. This House is not required to respond in any way to a declaration of incompatibility by a court. This House remains supreme.
Alex Burghart
As ever, my right hon. Friend is entirely correct. The courts have no power to strike down statute; they can advise this House to remove legislation.
UK-EU Summit
Debate between Alex Burghart and Desmond Swayne(9 months, 2 weeks ago)
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Alex Burghart
The hon. Gentleman has made a very good point. It is one that he has made often in the House, and I look forward to his making it to the Minister in a few moments’ time.
On the subject of fish, we are clear about the fact that there should be no multi-year deal, because that would reduce the UK’s leverage in future negotiations with the EU. We should have 12 nautical miles of exclusive access. That is what our fishermen want, and it is what the Conservative party supports. There should also be fair distribution of quota schemes, and no trade barriers during disputes. My right hon. Friend the Member for Louth and Horncastle (Victoria Atkins), the shadow Secretary of State for Environment, Food and Rural Affairs, has made the position very clear. This is an opportunity to defend the UK’s fishermen, and to build on the deal that we had previously from the Brexit negotiations. We should not be giving up the freedom of our fishermen.
Sir Desmond Swayne (New Forest West) (Con)
It is important to remember the history here. There was no common fisheries policy until the prospect of Britain’s joining the common market arose, and then those countries created one simply so that they could rip us off.
Alex Burghart
Ain’t that the truth! Here is an opportunity for the Government to give guarantees and securities to our fishermen.