53 Andrew Mitchell debates involving the Cabinet Office

Civil Service Appointments

Andrew Mitchell Excerpts
Tuesday 30th June 2020

(3 years, 10 months ago)

Commons Chamber
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Michael Gove Portrait Michael Gove
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It is the case, as my hon. Friend rightly points out, that one aspect of our negotiations on our future relationship with the European Union relates to internal security as well as defence co-operation, and Mr Frost is well-equipped, well-briefed and authoritative on those issues. It is also the case that an integrated review of defence, aid and foreign policy will be carried out by the National Security Council. It will be the case that David Frost will lead on that, ably assisted by the two deputy national security advisers and, of course, ultimately accountable to the National Security Council itself, which is a Cabinet Committee.

Andrew Mitchell Portrait Mr Andrew Mitchell (Sutton Coldfield) (Con)
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I served on the National Security Council in the first two and a half years after it was set up—with my right hon. Friend in fact—and it does seem to me that it is clearly sensible to have the National Security Adviser separate from the head of the civil service. Both are very exacting roles: they may fit closely together, but they are very different. I have read digitally my right hon. Friend’s brilliant, and long, speech at the weekend: will he confirm the centrality of the National Security Council—the reform that we introduced in 2010—and in particular in its role of wiring together defence, diplomacy and development in our national interest?

Michael Gove Portrait Michael Gove
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I congratulate my right hon. Friend on displaying the stamina to read all of the speech. It would have been a shorter speech had I had the time to edit it appropriately. His point is absolutely correct. The creation of the National Security Council was an innovation pioneered by David Cameron when he was in Opposition. The potential National Security Adviser at that time was a political appointee, and it was the case when the coalition Government was formed that the distinguished figure of Lord Ricketts, then Sir Peter Ricketts, became the first National Security Adviser. It is an innovation in the governance of the UK, but it is one that has served us well, and it is of course the case that national security advisers in other countries are very often political appointees.

Transport Infrastructure

Andrew Mitchell Excerpts
Tuesday 11th February 2020

(4 years, 3 months ago)

Commons Chamber
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Boris Johnson Portrait The Prime Minister
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I can assure the right hon. Gentleman that we will of course collaborate with the Scottish Government on projects that will be of massive benefit for the whole of our United Kingdom. On his substantive question about Barnett consequentials, yes, of course there will be Barnett consequentials as far as the buses are concerned. As for his plan to build a bridge across the North sea, I think he needs to look at the geography of the United Kingdom again. The only obstacle standing in the way of HS2 is the crackpot SNP plans to put an economic border between England and Scotland, break up the United Kingdom and have a border at Berwick.

Andrew Mitchell Portrait Mr Andrew Mitchell (Sutton Coldfield) (Con)
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My right hon. Friend’s comprehensive announcement will be widely welcomed across the west midlands and in Birmingham, and nowhere more so than in the royal town of Sutton Coldfield. Will he pay tribute to the superb leadership of our West Midlands Mayor Andy Street in marshalling the arguments and in putting the case for something that will underwrite our economic prosperity for the future?

Boris Johnson Portrait The Prime Minister
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My right hon. Friend is absolutely right. I salute the work of Andy Street and his vision for transport in the west midlands, which will be supported, encouraged and fomented by HS2.

Oral Answers to Questions

Andrew Mitchell Excerpts
Wednesday 30th October 2019

(4 years, 6 months ago)

Commons Chamber
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Boris Johnson Portrait The Prime Minister
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I am afraid that shows a fundamental division between us, alas, because I think that what we need is a strong and dynamic economy, and the evidence is that reducing corporation tax delivers more in yields and more in growth. That is how we have been able to commit now to spend another £780 million on special educational needs schools, and to allow communities to set up new SEND schools where they desire them. We will back them with the funding made available by that strong economy. That is the fundamental difference between the hon. Gentleman and me.

Andrew Mitchell Portrait Mr Andrew Mitchell (Sutton Coldfield) (Con)
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Is my right hon. Friend aware that during your time in office, Mr Speaker, and the 326 Prime Minister’s questions over which you have presided, thanks to decisions made by the Government and this House the British taxpayer has paid for life-saving vaccinations for more than 140 million children living in the poorest countries of the world? At a time of considerable division in our country, is that not an achievement in which the whole of Britain can take real pride?

Boris Johnson Portrait The Prime Minister
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It certainly is an achievement of which the whole House should be proud. I know that my right hon. Friend has done a huge amount to champion the cause of overseas development, and he can be absolutely certain that this Government will continue not just to provide support for vaccination around the world but to ensure that we continue to lead the world in our overseas development budget. Our commitment is followed and respected by countries around the world.

Debate on the Address

Andrew Mitchell Excerpts
Monday 14th October 2019

(4 years, 7 months ago)

Commons Chamber
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Ian Blackford Portrait Ian Blackford
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My hon. Friend is correct and we celebrate all those who have come to live in our countries, given our membership of the European Union. I stand as someone who has worked in the Netherlands. My son lived and worked in the Netherlands. My grandchildren are losing the automatic right to live, to work, to get an education and to benefit culturally from everything that Europe has meant. And why? Because of the narrow ideology of the Brexit fanboys who sit on the Government Benches.

The rights that we have all shared as EU citizens to live, to work and to receive an education are about to be taken from us—rights that perhaps many of us have taken for granted. That great right of free movement is to be stopped. That is a backward, retrograde and isolationist step. Brexit poses a serious, significant and lasting threat to democracy and to the values that we cherish.

I stand here today not only as a Member of Parliament for Ross, Skye and Lochaber and as the SNP Westminster leader, but as a social democrat and a proud European who wholeheartedly believes in peaceful co-operation across these islands and across the continent. I am deeply saddened. In truth, I am, like many people across these countries, frightened—frightened of the future that this Prime Minister and this Government are planning for citizens across Scotland and across the United Kingdom.

The terms “crisis”, “chaos” and “catastrophe” are now everyday terminology in the United Kingdom, and that is alarming. I fear that the past few years have numbed many of us to the looming disaster of a no-deal Brexit and to the real dangers of the Vote Leave occupants of No. 10. Britain is in a difficult position, with a dangerous Prime Minister who has no majority and no mandate for office. He and his toxic party must be stopped.

Today the Prime Minister has vowed to make the UK the “greatest place on earth”. That is a comment straight out of the Trump playbook, and it is celebrated by the hon. Member for Stirling (Stephen Kerr); that just about says it all. Members across this House—from across Scotland and the rest of the United Kingdom—know that neither Donald Trump nor the Prime Minister have a hope of making America or the United Kingdom great again, simply because both egotists are obsessed only with making life for Trump and for the Prime Minister great again.

Andrew Mitchell Portrait Mr Andrew Mitchell (Sutton Coldfield) (Con)
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Will the right hon. Gentleman tell the House what is wrong with the Prime Minister of the United Kingdom wanting to make this country the greatest place on earth to live?

Ian Blackford Portrait Ian Blackford
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I will tell the right hon. Gentleman what is wrong with what the Prime Minister is bringing forward: it is that he wants to bring forward the catastrophe of a no-deal Brexit. The fact of the matter—[Interruption.]

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Andrew Mitchell Portrait Mr Andrew Mitchell (Sutton Coldfield) (Con)
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I am most grateful to have the opportunity to contribute relatively early in this Queen’s Speech debate, and I draw the House’s attention to my entry in the Register of Members’ Financial Interests.

It is, of course, a great pleasure to follow the hon. Member for East Dunbartonshire (Jo Swinson), the leader of the Liberal Democrats. She and I worked together during the coalition Government—a rather good Government, Mr Speaker, I hope you might agree—and I echo her comments about Paddy Ashdown, whose memorial service a number of us attended in Westminster Abbey just a few weeks ago. I worked closely with him during the coalition. He was a tremendous force for good in the international development world as well as being a great parliamentarian with a hugely distinguished career in politics behind him. I can honestly say that we miss him very much indeed in the international development firmament, so it was good that the hon. Lady chose to say what she did.

I also congratulate the mover and the seconder of the Loyal Address today, a task which I undertook 27 years ago, although it feels like only yesterday. I can still remember the fear and trepidation that attended me as I sat where my hon. Friend the Member for North East Derbyshire (Lee Rowley) is sitting and announced that the address was being seconded by

“an oily young man on the make”.—[Official Report, 6 May 1992; Vol. 207, c. 56.]

You can tell, Mr Speaker, that not much has changed in that respect.

I am one of those who believes that today’s Queen’s Speech encapsulates the most important principles of a one nation approach in Britain today. I have the privilege of being the secretary of the one nation group of Conservative parliamentarians and, away from the sound and fury of politics in the run-up to the approaching general election, there is much in the speech that can be welcomed. My hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) set out several of the key measures that ought to carry strong support across the whole House.

The wings of the momentous decisions on Europe that we will be making in the next few days span the whole of British politics. The hon. Member for East Dunbartonshire said much about Europe that is of concern to all of us. However, she was, in a way, talking about a world before the referendum. Once the referendum had taken place, these arguments were put to bed. In my view, we are all committed to implementing the referendum result and I speak as someone who voted to remain and whose constituents declined to support that—but only just. I think that the sooner we are able to implement the result of the referendum, the better.

Wera Hobhouse Portrait Wera Hobhouse
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Why was it that we did not leave on 29 March? Was it not because Conservative Members consistently did not vote together for a particular Brexit proposal?

Andrew Mitchell Portrait Mr Mitchell
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With the greatest of respect, the hon. Lady has something of a brass neck by intervening with that. Most Conservative Members, most of the time, voted in favour of a deal and it is the party opposite that has not voted in favour of a deal. I respect the result of the referendum and I voted for the deal on the past two occasions it came before the House, believing that at that point there was too little room for manoeuvre and that it was in the best interests of those I represent in the royal town of Sutton Coldfield to vote for it. So I can see no reason not to support the deal I expect my right hon. Friend the Prime Minister to put before the House shortly. The message I get, particularly outside the M25 beltway, is that people want this done. They want to move on. When the House meets in extraordinary circumstances next Saturday, they want a deal to be secured and for us to move on to the next phase. It will only be the next phase, of course, but it will be psychologically important to the markets.

Jamie Stone Portrait Jamie Stone
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I reinforce the point I made to the right hon. Member for Ross, Skye and Lochaber (Ian Blackford). Any form of Brexit is potentially so damaging to the interests of my constituents. I must put my constituency first, which is why I cannot vote for any form of deal. I want to make that plain and have it on the record. My constituents must come first.

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Andrew Mitchell Portrait Mr Mitchell
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To be fair, across the House, nearly all of us are doing what we think is in the best interests of our constituents. In my judgment, the best interests of my constituents are represented by drawing a line and moving on. There are tremendously important negotiations to come, of course, but once we have left the European Union, as we are bound to do following the referendum, we can start to repair two key things that need so much to be repaired. The first is the deep, deep divisions that run throughout our society, throughout all our constituencies and throughout the four kingdoms of the United Kingdom. A second referendum, which will clearly be very much in contention over the next few days, is a ghastly prospect, particularly as it would put back yet further the important and necessary act of healing the terrible divisions that disfigure our country.

Geraint Davies Portrait Geraint Davies
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Does the right hon. Gentleman accept that people out there are saying they want Brexit to be over? They do not want to get Brexit done; they want to get it over. The simplest way to get it over is to put the deal to the people, and then we could see Brexit as it really is, warts and all. The people could then decide, once and for all, whether this is what they want. Is it more money, more control and more jobs? No. People do not want it. Let us get it over, and let us have that vote. Otherwise we will not be getting it done; we will have years and years of trade negotiation and poverty.

Andrew Mitchell Portrait Mr Mitchell
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I do not agree with the hon. Gentleman. I think he is arguing for a second referendum—a confirmatory vote. I cannot think of anything more likely to exacerbate and perpetuate these deep, deep divisions that disfigure our country than going on, month after month, for a second referendum. It is now for the House to decide whether we can secure a deal, and I very much hope the House will decide that on Saturday.

The second thing, and it bears upon the Gracious Speech, is that a resolution to Brexit at the weekend will allow Britain to re-engage internationally. As the House will be aware, our reputation has plummeted over the past three years. We have been absent from parade on a number of big issues where Britain had previously shown great leadership, such as migration, climate change, protectionism, terrorism and the desperate threats that the Kurds face today. Britain’s voice needs to be heard trenchantly on these issues and, over the past three years, Brexit has prevented that from happening.

Climate change, for example, was mentioned in the Queen’s Speech. I have talked to some of the Extinction Rebellion people who blockaded the streets around Westminster over the last week or so. It is easy to mock these people, but there is something rather noble about the cause they espouse. Talking to some of them while negotiating my way through Trafalgar Square on my bicycle has been interesting and constructive, but the problem is that, in attacking this Government, they are attacking the wrong target.

Britain has been a leader in tackling climate change at the major international forums of the UN and elsewhere. I pay particular tribute to important work by Lord Turner and his colleagues on the Committee on Climate Change. Britain has put its money where its mouth is in tackling climate change internationally, as well as domestically. Starting with the coalition, when I had some responsibility for these matters, we allocated some £7 billion for the international climate fund. For 2016 to 2021 we allocated £5.8 billion, from our hard-pressed taxpayers, for adaptation and mitigation of climate change. As the Prime Minister said, we are projected to spend £11.6 billion between 2021 and 2026. In addition, we are streets ahead of some of our European friends and neighbours in developing the technology, and here I highlight the Ayrton fund, which has allocated £1 billion for innovative technology. Britain has standards and an approach to climate change, both in adaptation and mitigation, that have been enormously effective. It is also worth bearing in mind that, this year, for the first time since the industrial revolution, we will consume more energy from renewables and nuclear power than from coal and gas.

Angela Smith Portrait Angela Smith (Penistone and Stocksbridge) (LD)
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I concur entirely with the right hon. Gentleman’s aspiration for Britain to continue to lead internationally on key issues such as climate change, but does he not agree that Britain’s role internationally will be diminished if it is no longer a member of the EU? Britain has played a leading role on these issues within the EU and internationally partly because it has been a member of the EU, and it will be difficult for us to retain our status if it departs the EU.

Andrew Mitchell Portrait Mr Mitchell
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The argument the hon. Lady puts is the one that led me to vote to remain. I did not feel that the architecture of the EU was enormously compelling, but I did think that most of the problems, some of which I listed, were best handled by a more international approach. That is something where we are on the back foot. Nevertheless, it would be wrong not to conclude that, even outside the EU, working closely with our allies and partners in NATO, the United Nations, Europe and the Commonwealth, we can still have an immense footprint in tackling these important issues.

I wish to mention one way in which, under climate change funding, we can do more of this. We have seen Britain leading in the vital, world-changing area of educating girls. That was certainly done in the Blair and Brown years, and it was given a strong boost during the coalition years through the girls education challenge fund, which was designed to get 1 million girls into school in areas where they have been denied any form of education. Of course the Prime Minister, both in his current role and as Foreign Secretary, has made a staunch stand in favour of that.

I want to see, as a result of the Queen’s Speech and of policy development, Britain doing much more to clean up the oceans of the planet. That is a good use of the development budget; millions of very poor people earn their living from the seas. Plastic has now reached almost the remotest places on earth. It has been found 11 km deep in the ocean and even on the island of St Helena, which is thousands of miles from the nearest landform and where, incidentally, the airport is proving to be such a success. By 2050, there will be more plastic than fish in the oceans of our planet. The Government’s policy domestically has been very successful in terms of curtailing the use of plastic bags and microbeads, and from April next year we will ban plastic straws. The Government have also been very successful in using the market to achieve these desirable results wherever they can. This is an area where British leadership could have a big impact. So I urge the Government to put not only the money from the international development budget—or a proportion of it—but the considerable intellectual weight of British thinking and activity in the international forums behind that initiative.

The next point I wish to make about the Queen’s Speech certainly complements a one nation Queen’s Speech and, I hope, a one nation Budget in due course. I wish to stand up for capitalism and free markets, which are under great pressure, not least from the Leader of the Opposition, as was said earlier. We need to do more to stand up for capitalism and free markets and to explain why free enterprise has been such a powerful engine of advancement and social elevation, particularly for those who are among the least well off. It has always been the case that Governments have hedged around the free market system with rules, taxes and laws to stem excesses and excessive greed.

We recently watched the sad demise of Thomas Cook—now mercifully in the hands of Hays Travel—with a consequent loss of livelihoods and jobs and the inconvenience caused to hundreds of thousands of people who were coming back from their holiday. Is it right in Britain today that the chief executive officer of that company has been paid £8.3 million since 2014, with a £2.9 million bonus in 2015? The two chief financial officers have been paid £7 million since 2014, and the non-executive directors have been paid £4 million, including £1.6 million for the non-executive chairman. Effectively, these were the directors of the UK’s oldest travel agency, and they appear to have presided over the destruction of the business while awarding themselves collectively £47 million in pay and bonuses in the past 10 years. I submit that that brings the free enterprise system and the laws that this House should make into disrepute.

Sixty-one FTSE 100 companies do not pay the living wage to their employees. The living wage was championed effectively by the Prime Minister when he was Mayor of London and by the former Chancellor, George Osborne. For those 61 companies, the average chief executive pay is just under £4 million per year. The arguments for capitalism and free enterprise are under attack, as we shall see in the forthcoming general election. They need to be explained, defended and propagated. One of the ways in which we do that is by demonstrating fairness in the way that the system works.

Let me conclude on another point relating to one nation fairness. It has to do with homelessness. Led by our West Midlands Mayor, Andy Street, we are doing our best to eradicate this problem. Last Friday, our Mayor was at Aston Villa with 130 people who slept out voluntarily to raise money to help to tackle the curse of rough sleeping. Throughout the west midlands, good progress has been made in offering rough sleepers accommodation: via Housing First we have got 94 people into accommodation—far more than the other two pilot areas have achieved. Housing First also provides the support that individuals need, including drug and alcohol programmes and mental health support. We all understand and know of the complexities involved. Progress is being made, but it is not just about money. The Government have been pretty generous, with £100 million going towards the rough sleeping strategy. In Sutton Coldfield, we currently have four rough sleepers. We have two extremely well-run food banks that operate and help in a wider area than just the royal town. One man has been sleeping rough in our park for more than 20 years.

The reason I mention that is that I do not think any of us can sleep easy knowing about the extent of rough sleeping throughout Britain and in our cities. In November 2018, the count of rough sleepers in Birmingham stood at 91. That was an increase from the previous year and a big increase indeed since 2010. The number of new homeless is showing no signs of slowing. It is a complex and difficult problem and it is not just about finance and funding, but I hope that this good, one nation Queen’s Speech, which I strongly support, will not neglect this vulnerable cohort in our communities and will regard reversing this most unfortunate trend as a very high priority indeed.

Preparations for Leaving the EU

Andrew Mitchell Excerpts
Tuesday 8th October 2019

(4 years, 7 months ago)

Commons Chamber
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Michael Gove Portrait Michael Gove
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Thank you, Mr Speaker. If we put aside the rhetoric for one moment, there are granular issues that local resilience forums and local enterprise partnerships address. I would be very grateful to address those and, indeed, to meet the right hon. Gentleman if there are specific questions that he wants to put and specific easements that he wants to see put in place.

Andrew Mitchell Portrait Mr Andrew Mitchell (Sutton Coldfield) (Con)
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I thank my right hon. Friend for his courteous and helpful statement, but I ask the Chancellor of the Duchy of Lancaster and, indeed, former Government Chief Whip: is he proud of the tone and character of quasi-official briefings and language coming out of No. 10? Does he think it is helpful?

Michael Gove Portrait Michael Gove
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My right hon. Friend was kind enough to say that I was courteous; I also thank him for the courtesy and thoughtfulness with which he addresses every issue in this House. He is right: it is important for all of us in public life, whether we are appearing here at the Dispatch Box or working for Government Ministers or Opposition figures, to use language that shows our respect for differing points of view, even as we hold robustly to our own.

Detainees

Andrew Mitchell Excerpts
Thursday 18th July 2019

(4 years, 9 months ago)

Commons Chamber
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David Lidington Portrait Mr Lidington
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I am grateful to the right hon Gentleman for his welcome, and I will ensure that we seek to be as public as possible about the five-year review. The five years should be regarded as a maximum period. Frankly, if evidence comes to light at any stage that amendments are needed, I would expect the Government and the agencies to act accordingly and make the amendments sooner.

Andrew Mitchell Portrait Mr Andrew Mitchell (Sutton Coldfield) (Con)
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My right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), the Father of the House, cannot be here today, for reasons he has explained, but were he here, I am sure he would say what I am going to say, which is that this is a breach of the undertaking that was given to the country and to Parliament by the Cabinet, of which the Father of the House and I were members. Both of us were also members of the National Security Council. I am mindful of the serious damage that this has done to our international reputation, and it is a great pity that my right hon. Friend the Minister and the Government have reached the conclusions that they have today.

David Lidington Portrait Mr Lidington
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I respect my right hon. Friend’s position, but I disagree with it, for the reasons that I have set out. We address harm to our national reputation by clearly being seen to admit when things have gone wrong in the past and taking resolute action to put them right, and I think that the measures that have been put in place over the last few years are evidence that we have done so.

Detainee Mistreatment: Judge-led Inquiry

Andrew Mitchell Excerpts
Monday 15th July 2019

(4 years, 10 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

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David Lidington Portrait Mr Lidington
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This has taken time because the Government have felt, I think rightly, that an issue of such importance and sensitivity requires very careful and meticulous consideration. The Government’s decisions are made on the basis of the United Kingdom’s national interest, and nothing else.

Andrew Mitchell Portrait Mr Andrew Mitchell (Sutton Coldfield) (Con)
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Not withstanding my right hon. Friend’s mellifluous and reassuring tones, it is pretty reprehensible that the Father of the House has had to raise this matter yet again. Not only were he and I members of the Cabinet that promised the House this inquiry nearly 10 years ago, but it is day 378 since the 60-day promise made by the Government and reinforced by my right hon. Friend the Minister for the Cabinet Office in answer to a written question from me. The damage that this has done to the UK’s precious international reputation is not well understood. This is not about hauling individuals before the courts; it is about transparency, openness, leadership and lessons learned.

The right investigation would have been by the Intelligence and Security Committee; a senior group of Privy Counsellors would have been best placed to handle this, and it would have been cheaper, but we are asking for this inquiry, the Government having hobbled the ISC’s inquiry. We are thrown back on a judge-led inquiry, but it must be a judge who is not part of the securitocracy.

David Lidington Portrait Mr Lidington
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Looking at international practice, I think we in this country can point to a system that requires high standard, and that is remarkably transparent, given the extremely secret nature of some of the personnel and operations that are relevant here. We now have a statutory role for the Investigatory Powers Commissioner, and we have his annual reports, including on detainee policy. We have enhanced powers for Parliament’s Intelligence and Security Committee, and the Prime Minister no longer has the power to appoint its Chair. The framework established by the Justice and Security Act 2013 and the Investigatory Powers Act 2016 measures up against the best standards in the world.

Oral Answers to Questions

Andrew Mitchell Excerpts
Wednesday 26th June 2019

(4 years, 10 months ago)

Commons Chamber
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Andrew Mitchell Portrait Mr Andrew Mitchell (Sutton Coldfield) (Con)
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On the Yemen-Saudi catastrophe that is taking place, is it not the case that Britain should move to a position of far greater neutrality and support a comprehensive ceasefire? While Britain is absolutely right to condemn the Houthi attacks on Riyadh and Jeddah, should we not also condemn the night-after-night bombings by Saudi aircraft, which are killing innocent civilians and radicalising tens of thousands of young Yemenis?

Theresa May Portrait The Prime Minister
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We have called for a ceasefire and we have supported the efforts that have been made for a ceasefire. We supported those efforts around Hodeidah, which is a very important port for getting in humanitarian relief. This is why it is so important that we continue to work with our international partners and with the UN special envoy to bring about that ceasefire and to enable the parties to come round the table to get a political settlement, which is the only way to ensure the future security and stability of Yemen.

European Council

Andrew Mitchell Excerpts
Monday 17th December 2018

(5 years, 4 months ago)

Commons Chamber
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Theresa May Portrait The Prime Minister
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The right hon. Gentleman asked me three questions during his response. Does the deal still have the confidence of the Cabinet? Yes. Does Cabinet collective responsibility still apply? Yes. Does the Cabinet want to avoid no deal? Yes, the Cabinet wants to ensure that we leave the European Union with a good deal, and that is this deal.

The real indecision is the indecision at the heart of a Labour party that has no plan and no alternative. The national crisis is an Opposition who are irresponsible and who put their party interest before the interests of the British people.

Andrew Mitchell Portrait Mr Andrew Mitchell (Sutton Coldfield) (Con)
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It is clear, is it not, that the deal that my right hon. Friend has negotiated so assiduously is most unlikely to secure the support of this House of Commons? In the circumstances, does she not think it would be wiser to seek an extension to article 50, rather than—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. I am not having the right hon. Gentleman shouted down. I say very gently to a Government Whip, do not stand near the Chair and shout at your colleagues. If you are going to do that, leave the Chamber and we will manage perfectly adequately without you.

Andrew Mitchell Portrait Mr Mitchell
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Does my right hon. Friend not think it would be wiser to seek an extension to article 50, rather than to leave with no deal?

Theresa May Portrait The Prime Minister
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I do not think it is right to seek an extension of article 50. What Parliament will be faced with is a decision to exercise its responsibility to deliver on the referendum vote and to deliver Brexit. I continue to believe that this is a good deal. Yes, we are seeking further reassurances, but I continue to believe that we can leave with a good deal and that this is it.

EU Withdrawal Agreement: Legal Advice

Andrew Mitchell Excerpts
Tuesday 13th November 2018

(5 years, 6 months ago)

Commons Chamber
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David Lidington Portrait The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Mr David Lidington)
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May I first genuinely express my appreciation to the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) for the courteous and constructive way in which he has presented his case? As will become apparent to the House, I take issue with some of his arguments, but I hope that we can continue this debate in such a tone. As he said, we are dealing with issues of the most fundamental, political, constitutional and legal importance—not just to us, but more importantly to the people who send us here and whom we are here to represent.

As the right hon. and learned Gentleman acknowledged, the proposed withdrawal agreement—as it is referred to in today’s motion—has not been finalised. There is a live negotiation still ongoing in Brussels and the Government have consistently said that we will not provide a running commentary on our negotiating position. It is a cardinal principle of our system of government that Ministers and officials need to be able to prepare the British negotiating position in private. After all, the European Commission does not show its hand in negotiations—nor does it publish the legal advice underpinning its position on live negotiating issues—and I do not believe the Government of the United Kingdom should be expected to do so either.

I want to make it clear that I welcome the acknowledgement by the right hon. and learned Gentleman that what he seems to be seeking through this motion is perhaps not quite as all-embracing as a literal reading of the motion would lead the House to conclude. I did have some preliminary analysis done yesterday after we got sight of the Opposition’s motion. The first conclusion we came to is that if we took the wording of the motion literally, then, at a conservative estimate, we could be looking at upwards of 5,000 different pieces of documentation going back over the two years since the referendum and covering, of course, matters deriving not just from the Law Officers’ Department but from legal advisers in every Government Department in Whitehall.

However, I completely understand the concern that the right hon. and learned Gentleman has expressed, which is, I think, felt in all parts of the House by hon. Members of all political parties, that if and when—I hope when—a withdrawal agreement comes forward for debate in Parliament, right hon. and hon. Members should have access not only to an economic and political analysis of what we are being asked to approve or disapprove, but to detailed legal analysis of the meaning and the implications of the agreement.

Of course, one option is that the House or one of its Committees should itself commission its own independent legal advice separate from the Government’s, but I accept that it is a perfectly fair request to be made of Government that we set out the legal implications, as we see it, of the agreement, should we successfully conclude these negotiations. To avoid any risk of misunderstanding, I want to make it clear that when I talk about the agreement, I also refer to any protocols that might be attached to such an agreement.

Andrew Mitchell Portrait Mr Andrew Mitchell (Sutton Coldfield) (Con)
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I am extremely grateful to my right hon. Friend for the tone that he is using in this debate. In his penultimate paragraph, it seemed that he came quite close to accepting the spirit of what the Opposition are saying. I am no lawyer, but the House is about to vote on this agreement, with Members carefully considering what may be one of the most important votes that we take in our political lifetime, in the light of what is in the best interests of their constituents and their country. Would it not assist the Government in securing the support of the House if, exceptionally and in a spirit of good will on this frankly unprecedented occasion, they released the Attorney General’s advice?

David Lidington Portrait Mr Lidington
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I will come on to the specific issue of formal advice from the Law Officers in due course slightly later in my speech, but I first want to conclude the point I was making about the Government’s approach. I hope that, as my right hon. Friend suggested, what I say will be read as an attempt to find some common ground across the House, even if there is not complete agreement.