United Kingdom Internal Market Bill

Angela Eagle Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons
Monday 14th September 2020 Commons Chamber

[Edward Miliband]

Actually, yes we do, and I will tell the hon. Lady why. We respect the fact that the Conservative party, under this Prime Minister, won the election. He got his mandate to deliver his Brexit deal: the thing that he said was—I am sure she recalls this because it was probably on her leaflets—“oven ready”. It is not me who is coming along and saying it is half-baked; it is him. He is saying, “The deal that I signed and agreed is actually—what’s the word? Ambiguous. Problematic.” I will get to this later in my speech, but I wonder whether he actually read the deal in the first place.

[Ms Angela Eagle (Wallasey) (Lab)]

My right hon. Friend is making an extremely good speech. Would he perhaps tell the House who on earth might have signed this terrible deal with so many ambiguities less than nine months ago?

[Edward Miliband]

My hon. Friend makes an important point; I do believe it was the Prime Minister who signed the deal.

In fairness to the Prime Minister, I want to deal with each of the arguments that the Government have made in the last few days for this action. It is quite hard to keep count of the different arguments—you know you are losing the argument when you keep making lots of different arguments—but I want to give the House the top five. First, let us deal with the argument about blockades, which made its first outing in The Telegraph on Saturday through the Prime Minister, and obviously it made a big appearance today.

I have to say, I did not like the ramping up of the rhetoric from the European Union on Thursday, following the Prime Minister’s publication of this Bill, but even by the standards of the Prime Minister, this is as ridiculous an argument as I have ever heard. Let me let me explain to him why—the point was very well made by the former Attorney General this morning. This is what article 16 of the protocol says:

“If the application of this Protocol leads to serious economic, societal or environmental difficulties that are liable to persist, or to diversion of trade, the Union or the United Kingdom may unilaterally take appropriate safeguard measures.”

In other words, let us just say that this threat somehow materialised—and by the way, I believe that Department for Environment, Food and Rural Affairs officials would have to implement it, making it even more absurd that it would happen. If the threat materialised, it is not overturning the protocol that is the right thing to do; it is upholding the protocol, as article 16 says. But do not take my word for it, Madam Deputy Speaker; take the word of the former Attorney General—who definitely read the protocol—who wrote this morning:

“There are clear and lawful responses available to Her Majesty’s government”.

As if that was not enough, there is also an irony here—the Prime Minister tried to slip this in; I do not know whether the House noticed—which is that this Bill does precisely nothing to address the issue of the transport of food from Great Britain to Northern Ireland. It is about two issues where the Government are going to override international law: exit declarations, Northern Ireland to GB, and the definition of state aid relating to Northern Ireland. If the Prime Minister wants to tell us that there is another part of the Bill that I have not noticed that will deal with this supposed threat of blockade, I will very happily give way to him. I am sure he has read it; I am sure he knows it in detail, because he is a details man. Come on, tell us: what clause protects against the threat, which he says he is worried about, to GB-to-Northern Ireland exports? I give way to him. [Interruption.]

--- Later in debate ---

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

Over the past few years, we have all witnessed this Tory Government plunging this Parliament and our broader politics into ever deeper chaos and disgrace. In that time, Scotland has been dragged out of the European Union against our will. It is almost a year to the day on which this Parliament was illegally prorogued, and in recent months a raft of senior civil servants has been forced out the door. That instability is this UK Parliament’s new normal; it is now part and parcel of a broken Westminster system.

Here we are again: having dragged us deeper and deeper into their dangerous agenda for the past four years, today this right-wing Brexit cabal has reached rock bottom. The United Kingdom Internal Market Bill is the greatest threat to devolution that Scotland has faced since our Parliament was reconvened with the overwhelming support of the Scottish people in 1999. We are discussing the principles of a Bill that this Tory Government casually and brazenly admit violates international and domestic law—a Bill that cynically uses the precious peace at the heart of the Good Friday agreement as nothing more than a Brexit bargaining chip.

The Bill runs to 50 pages, but people across these islands have a right to know exactly what it proposes to do. It does two fundamentally dangerous and undemocratic things: it breaks international law and it breaks devolution. Those two facts explain why there has been such a widespread chorus of opposition to the Bill. That opposition comes from every profession, sector and corner of these islands, and it is why this legislation should and must be resisted by anyone who claims to respect the rule of law and anyone who claims to respect the current devolution settlement.

As we know, there is opposition on the Conservative Benches. In the other place, the former Tory leader, Lord Howard, told the Government that the legislation would result in the UK is showing itself as having “scant regard” for its treaty obligations. When the Government are getting verbally slaughtered by a Brexiteer who has—how shall I say it?—“something of the night” about him, it is as clear as day that the Tories have gone way beyond the pale.

The Law Society of Scotland has commented on the Bill, stating:

“The bill should, as a matter of principle, comply with public international law and the rule of international law, pacta sunt servanda…should be honoured. Adherence to the rule of law underpins our democracy and our society. We believe that to knowingly break with the UK’s reputation for following public international law could have far-reaching economic, legal and political consequences and should not be taken lightly.”

I repeat: to knowingly break international law. I ask each Member to think on that tonight.

Every Member has a choice. We know that the Bill breaks international law—so many learned individuals, including the previous Attorney General, have told us so. Tonight, this House can tell the Government that it is not on and that this House is not going to be complicit in a breach of international law. I venture that that is the responsibility that each Member has. Every Member—every Member, Madam Deputy Speaker—should examine their conscience. This is about a Bill that breaches the terms of a treaty, the ink of which is barely dry and on the delivery of which the governing party fought an election.

[Ms Angela Eagle]

The right hon. Gentleman is making points that go to the heart of the Bill, and I share his worries about them. Does he share my worries that the Bill also attempts to curtail judicial review, or prevent it entirely, once that law has been broken?

[Ian Blackford]

The hon. Lady is correct about that, because we know that the Government have got into trouble with the judiciary over their actions in the past, and I will come on to talk about that.

The right hon. Member for Doncaster North (Edward Miliband), who spoke for the Opposition, was correct when he said that the Prime Minister cannot pretend that he did not know the terms of the treaty or its obligations when he signed it—that simply beggars belief. This is a test for the House this evening; do not wait for the Committee stage, as legally, morally and ethically the right thing to do is to vote down this Bill tonight. This House must be accountable. Do not follow the Prime Minister in acquiescing in breaking the law—if you vote to give the Bill its Second Reading tonight, that is exactly what you are all doing. So this is a test, and I understand the challenge the Conservative Members face. Do not support the Prime Minister by breaking the law this evening—it is as simple as that.

Of course, the Prime Minister has form: a year ago he went to the Queen to prorogue Parliament, an illegal act that the courts forced him to reverse. Here he is again—although in this case he is not, because he has run off—woefully breaking international law this time, seeking to ask the Queen to enact legislation that breaks international law. We have the power individually and collectively to stop the Prime Minister in this act of madness this evening. This is a matter of principle; it is about this House saying that we should not breach our legal obligations—I implore the House to say exactly that.

We were expecting the Secretary of State for Business, Energy and Industrial Strategy to have drawn the short straw in having to come here to argue for this dreadful piece of legislation, but he was stood down. We all know who the parcel of rogues are behind this legislation; this Bill has the fingerprints of the Prime Minister, the Minister for the Cabinet Office and, of course, Dominic Cummings. We have just heard the bluff and bluster of the Prime Minister in seeking to defend the indefensible. He can try all he likes to dress this up as a business Bill, but no amount of dressing up will hide the fact that this is a naked power grab. The Tories are fooling no one, least of all businesses in Scotland. If this UK Government were actually serious about delivering an ounce of business confidence, they would not be threatening to blow apart any hope of a future trade deal with the European Union.

--- Later in debate ---

[Ms Angela Eagle (Wallasey) (Lab)]

I never thought I would ever see a piece of legislation this objectionable put before the House. It is a gigantic act of self-harm masquerading as a negotiating strategy in the EU-UK trade talks, as the flounder and the end of the transition period looms. It unilaterally repudiates the devyolution settlements and centralises power to the UK Government.

As currently drafted, this Bill will give Ministers the powers to disapply or unilaterally reinterpret parts of the Northern Ireland protocol and ignore their legal obligations in both domestic and international law to enact the protocol as it was negotiated. It asserts that these powers will be legally effective even though they break international law, thereby unilaterally repudiating the foundations of the withdrawal agreement, which was only enacted by the House earlier this year. The Bill orders the domestic courts to prioritise this new law over any existing international law we have signed up to and it attempts to preclude any prospect of judicial review.

It has already been admitted on the Floor of the House by a Cabinet Minister that the Bill breaks international law in a very “specific and limited way”. The reality is that this is a shocking repudiation of everything the UK holds dear. It threatens to destroy our hard-won reputation as an upholder of international law and as a country that can be trusted to keep its word. Once lost, that reputation will not be easy to regain. This is not only morally wrong—it is self-defeating and undermines the prospect of reaching a deal at all. It is a sign of just how dangerous the Government’s actions now are that all five living ex-Prime Ministers, both Labour and Conservative, have made public their opposition to this reckless course of action, as have the Brexiteer ex-leaders of the Conservative party, Lords Hague and Howard.

This morning, the Prime Minister’s first Lord Chancellor called the Bill “unconscionable” and revealed that he will not vote for it. Many legal experts argue that both the current Lord Chancellor and the Attorney General are in breach of their oaths of office and should resign. Last week, the head of the Government legal service did resign over the Bill because it breaks international law. Given that we have an unwritten constitution which relies on ministerial restraint and responsibility, the Bill is even more dangerous than it first appears. It unilaterally tears up treaty obligations made just months ago and makes it less likely that any of our future undertakings will be believed or trusted, just as we must renegotiate all our existing trading agreements with the rest of the world.

What are we to make of a Prime Minister who presides over this moral vacuum and this reckless gamble with our international reputation; the man who resigned over his predecessor’s deal, which had no Irish border, pronouncing it a betrayal and using it as his path to power in the Conservative party; the man who, nine short months ago, negotiated and signed the withdrawal agreement, declaring it “fantastic”, and expelled from the Conservative party and Parliament all his own MPs who did not back it; the man who went to the country with this “oven-ready” Brexit deal and won a huge majority; the man who now believes it was rushed and flawed, and must be unilaterally written by him and him alone, the world king acting like a two-year-old having a tantrum because he did not get all he wanted; a Prime Minister who is completely careless of the consequences of his own actions; and the leader of a Government who think they can do what they want, purge who they want and act how they want, a Government who think there is one law for them and another for everyone else, repudiating treaties they have just signed and ignoring the lockdown rules they impose on everyone else?

This will not end well. The Government must step back from the brink, withdraw the lawbreaking clauses in the Bill, and think again.