Northern Ireland Elections

Bernard Jenkin Excerpts

Wednesday 9th November 2022 Commons Chamber

[Chris Heaton-Harris]

I thank the right hon. Gentleman for his words and his questions. I hear exactly what he says. He details where legislation is in this place. The Northern Ireland Protocol Bill is, I believe, now in Committee in the House of Lords, unamended at this point. It is moving at good pace. This Government’s preferred view is to have a negotiated solution with our European partners, but he can see what we are aiming for in the content of that Bill.

I also hear what the right hon. Gentleman says about the history—I have made that point myself to all those who have raised similar points with me because I am aware of it and of the responsibility that sits on my shoulders. I am also aware that the 25th anniversary of the Belfast/Good Friday agreement on 10 April could and should be a great day for Northern Ireland, its politics and its past, present and future. I look forward to working with the right hon. Gentleman on all those matters.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

I very much welcome the bipartisan tone of these exchanges; we need to look forward without blame and with hope in our hearts that we can restore power sharing and the working of the Belfast/Good Friday agreement as quickly as possible, but are we not learning something from the state of the Northern Ireland protocol? It has been in force for nearly three years but it has not been fully implemented and probably never will be. Might we not have to face the fact that, for as long as the protocol exists and applies EU law in Northern Ireland directly, it is increasingly unlikely that power sharing will be restored in Northern Ireland? Do we not need to look more grandly and strategically at this question with the Republic of Ireland, with our American allies, with the European Union and with all the parties in Northern Ireland about how to restore the functioning of the Good Friday agreement?

[Chris Heaton-Harris]

I concur with the sentiment behind my hon. Friend’s question. He has mentioned a whole host of important interlocutors in this space. Drawing on my experience of European institutions, I do not believe that the protocol was written in malice. I believe that it was written in a way that people believed would work. However, the practicalities of it are obvious to all in Northern Ireland in many different ways. Even its partial application is disrupting goods and the way people can go about their business, and it has had serious ramifications for consumers and businesses across Northern Ireland, so it absolutely does need to be reformed. This is now recognised by all the parties in all negotiations.

Northern Ireland Protocol

Bernard Jenkin Excerpts

Wednesday 21st July 2021 Commons Chamber

[Brandon Lewis]

The implications and outworkings of the protocol are a frustration and a problem for people across communities, and it would be wrong of us as a Government to not recognise that there are problems with the protocol; the way that it is being implemented on the ground is causing problems for consumers and for businesses. I cannot believe for a moment that the hon. Gentleman would want the Government to sit back and see that continue and see his constituents be detrimentally affected by the way the EU wants this to be implemented. That is why it is important that we find a way forward to deliver this in a way that works for people across all of Northern Ireland.

[Sir Bernard Jenkin (Harwich and North Essex) (Con) [V]]

I welcome my right hon. Friend’s statement and today’s White Paper. Is he aware of anybody serious who now doubts that the protocol is failing in its own terms by causing, to use the words from the protocol,

“serious societal and economic difficulties”

and “diversion of trade” which is a threat to the Belfast/Good Friday agreement? The answer is no. Is that what the EU intended when it signed this protocol? Of course not, and that is why all parties, including the EU, should now be able to accept, as the Government now do, that this protocol is not working. So I commend my right hon. Friend for his cautious, reasonable and responsible approach. We are absolutely right to try everything to bring the EU to the negotiating table, but how long have we got before we have to act to safeguard peace, security and political stability in Northern Ireland?

[Brandon Lewis]

My hon. Friend makes an important point and he is right. I think the EU does recognise this, wants to ensure that we get the right outcome for the people of Northern Ireland and does recognise the sensitivities there. That is why it is important that we deal with the core problem underlying all the symptoms that we are seeing. He is also absolutely right about stability in Northern Ireland. When we are seeing people who are party to the Good Friday/Belfast agreement being very clear about the disruption this causes and the threat it is to the Good Friday/Belfast agreement, it is right that we listen to that. It is also right that we get to work on this with the European Union, in a spirit of partnership, to find a solution to the core problems. We should bear in mind, as I say, that if we imagine a place where the framework of the protocol is delivering in the way that was always intended, with the free flow of goods, we really do have a huge economic opportunity for the people of Northern Ireland. We need to get to that space in order for it to be something that is sustainable and has the consent of the whole community of Northern Ireland.

Northern Ireland Protocol

Bernard Jenkin Excerpts

Wednesday 10th March 2021 Commons Chamber

[Brandon Lewis]

The right hon. Gentleman makes an important point. I send my best wishes to his colleague, Minister Poots, who is now returning to work after his recent illness, which is really good news.

The right hon. Gentleman has highlighted the practical impact of some of these things, and the importance of our getting solutions to ensure a good, flexible flow of goods, as we have always outlined was our vision, going back to our Command Paper last year. That is why it is important that we continue the conversations, and I encourage the EU to go further with those with civic society and business organisations in Northern Ireland, which it promised to do. We are keen to see the EU engage further, which I hope it will do shortly to understand the needs and the flexibilities that are practical, both for Northern Ireland and, ultimately, the wider EU as well.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

Could my right hon. Friend explain to the European Union that we are perhaps more committed to the Good Friday agreement and the avoidance of new infrastructure on the border between north and south than it has so far demonstrated itself to be, and that the idea that the Northern Ireland protocol is a work of such perfection that it is beyond improvement is a myth? Can he ask them also to explain why the sale of English sausages in Northern Ireland is somehow a threat to the integrity of the EU single market, or to the Good Friday agreement?

[Brandon Lewis]

My hon. Friend makes a really important point, and I am determined, as the Prime Minister is, to ensure that the great British banger—the great Norfolk sausage—will continue to be enjoyed by those who wish to do so across the counties of Northern Ireland in perpetuity. However, it is important—this is why the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) was absolutely right—that we use these grace periods to get long-term solutions.

My hon. Friend is also absolutely right that our commitment to the Good Friday/Belfast agreement is steadfast. That is why all the actions we have taken, both last year and recently, have been about ensuring that we do not have borders, and that we respect the north-south and east-west dimensions. There is another important point here, which I hope has come through in the conversations we have been able to organise with Vice-President Šefčovič recently: it is important to understand the effect on the sense of identity that people in the Unionist community in Northern Ireland have. After the actions of that Friday a few weeks ago, it is important to repair that.

United Kingdom Internal Market Bill

Bernard Jenkin Excerpts

Monday 21st September 2020 Commons Chamber

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

The hon. Member says it is not the fault of the EU, but can we just remind ourselves that it was the United Kingdom Government who gave an absolutely cast-iron guarantee that we would put up no infrastructure on the border between north and south in Ireland? It was the EU that kept threatening to do that, even though alternative arrangements could be developed to obviate that need. I fail to understand why people just do not want to believe that, except that they want to blame the United Kingdom Government, not the EU.

[Claire Hanna]

It is funny, but we do not hear so much about the alternative arrangements, and this from a party that has us all queuing around the estate because it could not put in place any alternative arrangements for voting. We heard a lot about them for a lot of years, but the magic sovereignty dust that was supposed to solve all of our problems has not yet been produced.

However, it is true that the choices, and they are very difficult choices, are being forced by that Government. We wish that the Government had picked the first of those options. We wish they had picked a higher degree of alignment with the EU, but they did not, and they cannot keep reopening the wound every time they try to deal with the contradictory promises they made. Whatever Bill the Government bring in, the choice will be the same. You cannot opt out of the biggest free trade bloc in the world and then feign shock when the trade is not completely clear, and you cannot refuse to do the first of the two things and then pretend that they are going to happen.

To suggest that any of this is about protecting the Good Friday agreement or the people of Northern Ireland is beyond a parody. We have worked intensively with businesses and other parties to try to address some of the barriers that we accept will exist, but we have to remind the House and others that it is this Government’s choice and the failure of the DUP for the last three years to do anything about those choices that has brought us to this point, and people must own those decisions. The Joint Committee is the place to address those difficulties and those operational issues, and there are the dispute mechanisms.

We see and we very much acknowledge the anxiety that east-west barriers to trade create, but even with the politics and the identity issues stripped out, it is a regrettable fact that the sea border is more practical and more manageable than a border across the island of Ireland, given that there are three such points of entry into Northern Ireland and 108 border crossings between the Republic of Ireland and Northern Ireland. I do not say that to be hurtful; I say it because it is true.

I bit my tongue several times during the speech from the hon. Member for Belfast East (Gavin Robinson), whose opinion is always considered. I bit it for a number of reasons. Not only because of course your party opposed giving a consent mechanism to the Northern Ireland Assembly on article 50 and opposed giving consent on the sequencing, but because you speak about the sequencing. We have seen what has happened with the gamification of the sequencing and the gamification and using of Northern Ireland as a pawn by the UK Government in order to achieve outcomes and to justify no deal. The last thing I had to bite my tongue about was your saying that the petition of concern is not used as a veto. Members can look it up, but your party has used it 86 times. It used it numerous times to veto, for example, equal marriage for absolutely no reasons of offence to the United Kingdom.

--- Later in debate ---

When we make arguments about the Sino-British treaty over Hong Kong or the territorial integrity of Ukraine, when we say that those who have committed crimes against humanity and genocide should be brought to justice, when we make arguments for a world trade system—a legally binding international financial and trading system—about the Paris climate change agreement, or, in our own specific national interests, on Gibraltar, the Falklands and maritime claims, we are undermining our place on the world stage. That is what the Government have done and are continuing to do. I urge all those across the House of principle and conscience who believe in global Britain—we might have disagreements over other things—and believe that this is a country of fair play and decency, which keeps its word and can be respected and influential, not to support these clauses and to speak out against this Bill.

[Sir Bernard Jenkin]

I am grateful to have caught your eye, Dame Rosie, so that I can respond to some of the comments that the right hon. Member for Ashford (Damian Green) was just making. I respect that he feels passionately about these matters, but to equate these clauses with genocide or the annexation of territory against the will of a sovereign state is absolutely ridiculous. It completely misunderstands the degree of doubt that exists about what international law means when interpreting international agreements.

[Damian Green]

My hon. Friend is ascribing the things he most disagrees with to me—[Interruption.] No, he did say “my right hon. Friend the Member for Ashford”. I am sure that the hon. Member for Cardiff South and Penarth (Stephen Doughty) would wish to take ownership of his own ideas.

--- Later in debate ---

[Sir Bernard Jenkin]

I apologise to my right hon. Friend. His name was in my mind because it was on the monitor before the hon. Member for Cardiff South and Penarth spoke.

It is important to see these clauses in the wider context. My heart sank when I picked up the first draft of the agreement, because this was not the departure from the European Union that I had expected to see expressed in the text of the agreement; it was the same oppressive, impenetrable text with endless references to the treaties as they exist. The withdrawal agreement was clearly a concerted attempt by the European Union to continue its influence, even through the direct applicability and direct effect of European Union law on the United Kingdom.

[Kirsten Oswald]

Will the hon. Gentleman give way?

[Sir Bernard Jenkin]

No, I am not going to give way. I am going to be very brief.

The important perspective is to ask ourselves how this debate is going to be regarded in 10, 20 or 30 years’ time. These controversies will be seen as the growing pains of the re-establishment of our national sovereign independence as a national democracy. I dare say that none of us has studied the debates on the Great Reform Act of 1832, but I bet they went through exactly the same kind of painful introspection that we have seen in the Chamber this evening. Today we look upon the 1832 Reform Act as a great stride towards the democratisation of our constitution, and history will look back at these debates in the same way and see this moment in our history as the time that we decided to take back control of our own constitutional arrangements and our own national democracy.

I would go further than that. There is no doubt that this Bill will get through this House intact, but some people are suggesting that there will be more of a problem in the other place. There will be those who continue to resist the consequences of leaving the European Union and the consequences of having signed a highly unsatisfactory agreement that attempts to sustain the influence of the European Union far beyond any legitimate role it has in making the laws of our country. That is what we are talking about, in relieving ourselves of these clauses. However, I can assure the House that, in the long run, nothing is going to stand in the way of the British people re-establishing and reclaiming our independence, and if the other place chooses to stand in our way in that respect, I suspect that in the longer term this House, as the democratic House, will prevail.

[Brendan O’Hara (Argyll and Bute) (SNP)]

There is so much wrong with this Bill that it is difficult to know where to start, but in the time I have available, I will concentrate my remarks on clauses 40 to 45. Those are the clauses that allow this Government to break international law and renege on the legally binding agreement that they themselves negotiated and signed up to less than a year ago—a fact that, try as they might, they can never escape from. I will also speak to amendment 41, which deals with preserving the integrity of the Good Friday agreement, on the basis of which peace has been secured in the north of Ireland for more than two decades and which seeks to defend international law from a Government who believe that somehow, uniquely and exceptionally, it does not apply to them.

On 16 June, the Chancellor of the Duchy of Lancaster stood at the Dispatch Box and said that the Government were “faithfully implementing” the withdrawal agreement, including the Northern Ireland protocol. Just 83 days later, the Secretary of State for Northern Ireland stood at the same Dispatch Box and said that, yes, the Bill did break international law. This unprecedented political handbrake turn left everyone from a former Prime Minister to the United States Congress scarcely able to comprehend what they were hearing—namely, that the United Kingdom was prepared to go rogue if it did not get its own way, and to ditch its own Northern Ireland protocol. It is a remarkable, not to say ludicrous, position for a Government to find themselves in and one that suggests that this is a Government who have scant regard for the law and a particularly cavalier attitude to the Northern Ireland peace process, displaying as they do very little knowledge, understanding or care as to the consequences of their actions.

I know that we live in strange times, but who would ever have thought that we would be debating whether a UK Conservative Government could knowingly break international law and that this House, led by the self-styled champions of law and order on the Conservative Benches, would be about to say that, yes, it could? Let them be in no doubt that, in doing so, they are signalling to the international community that the United Kingdom is a bad faith actor, an untrustworthy partner whose adherence to international law is based solely on expediency. They might want to ask themselves why—why would any Government find the UK an attractive partner with which to enter a legally binding trade deal in the future?

This is a United Kingdom Internal Market Bill, but it has already attracted international attention, and none of it has been good. Even the USA, on which much of the bright post-Brexit future has been predicated, has said that anything that undermines the Good Friday agreement will have dire consequences for the UK, and that there will be no trade deal forthcoming. Did any Conservative Member think that that would not be the case? Is anyone in this House unaware of the political investment that the United States has in brokering peace in Northern Ireland? Did anyone think that, having worked so hard to secure a peace deal, the United States would just watch it crumble into dust when it proved to be an inconvenience to the UK Government? I tell you what, Madam Deputy Speaker, if they did think that then, they certainly do not think it now, because the Speaker of the House of Representatives, Nancy Pelosi, declared that this UK Government must respect the Northern Ireland protocol and that, if they violate it, there will be no chance of a US-UK trade deal. That position was backed up by presidential favourite Joe Biden, who said that any deal between the UK and the United States is contingent upon respect for the Good Friday agreement. The world is telling the UK: do not breach international law, do not become that rogue state, because there will be consequences if you do.

This Bill confirms what many of us have suspected for a long time: there is no long-term or strategic thinking at the heart of this Government. Everything they do is based on expediency and is designed simply to get them off whatever immediate and inconvenient hoop they happen to be caught on. That such behaviour inevitably leads to far bigger and more complex problems further down the line seems to matter little. They are like an errant child trying to avoid facing up to their responsibilities and are prepared to say or do anything to kick that further down the road and avoid the reckoning. They have run out of road and been reduced to using the Good Friday agreement as a bargaining chip, and are on the brink of becoming an international law breaker. This Bill in its current form will see the United Kingdom cross the Rubicon. It has embarked on a course from which it cannot come back. The mask has slipped and any remaining shred of moral authority that the United Kingdom may have thought it had will have slipped with it. The consequence of this Government’s action is coming to a head, and it is a disaster entirely of their own making.

Oral Answers to Questions

Bernard Jenkin Excerpts

Wednesday 5th February 2020 Commons Chamber

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

Will my right hon. Friend join me in extending on behalf of the whole House our sympathy and best wishes to those injured in the Streatham attack last week? I welcome his intention to legislate as a consequence of this attack. Does he agree that Her Majesty’s Government now have no option but to legislate in order to contain the threat of ex-terrorist offenders when they still pose a threat to our country?

[The Prime Minister]

My hon. Friend is entirely right. Most people in this country would agree that the system of automatic early release of terrorist offenders has run out of road and that it is time to find a way, as we are doing, to make sure they are properly scrutinised by a parole board or an equivalent.

Oral Answers to Questions

Bernard Jenkin Excerpts

Wednesday 20th April 2016 Commons Chamber

[The Prime Minister]

I think it is probably that we would get out of the Eurovision song contest. Not only would that be incredibly sad, but given that Israel and Azerbaijan, and anyone anywhere near Europe seems to be able to enter—[Interruption.] Australia, too, so we are pretty safe from that one.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

Will my right hon. Friend point out to President Obama that in a series of European Court judgments such as those in the cases of Davis and of Schrems, using EU data protection laws and the EU charter of fundamental rights, the EU has established its jurisdiction over our intelligence data and sought to prevent our intelligence sharing with the United States? Will he therefore warn the President that if we vote remain, far from gaining influence in the EU the United States will lose control and influence over her closest ally?

[The Prime Minister]

I am sure that the President will take all of these calculations into account before saying anything that he might have to say. Let me just make two points. First of all, this decision is a decision for the British people, and the British people alone. We are sovereign in making this decision. Personally, I believe that we should listen to advice from friends and other countries, and I struggle to find a leader of any friendly country who thinks we should leave. My second point is that, when it comes to the United States, it is worth looking at what so many Treasury Secretaries have said, going back over Republican or Democrat Administrations. It may not be the determining factor for many people—or indeed for any people—but listening to what our friends in the world say is not a bad idea.

Oral Answers to Questions

Bernard Jenkin Excerpts

Wednesday 5th June 2013 Commons Chamber

[The Prime Minister]

The hon. Gentleman conveniently forgets to mention the Labour peers. We do have a problem in Parliament with the influence of third parties, and we need to deal with that. Clearly, all-party parliamentary groups, which are a matter for the House and for Mr Speaker, need to be looked at. As we promised in the coalition agreement, we will be bringing forward a lobbying register, and also some measures to make sure that the trade unions behave properly too.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

May I commend my right hon. Friend’s strong, unambiguous support for the continuation of the British nuclear deterrent? Now that the alternatives to Trident study has concluded that there are no alternatives cheaper or more effective than Trident, what are the reasons for delaying a maingate decision so that the matter can be settled in this Parliament?

[The Prime Minister]

We have set out clearly the steps that need to be taken before the maingate decision is made, but my hon. Friend knows that I am strongly committed to the renewal of our deterrent on a like-for-like basis. I think that that is right for Britain. Obviously, in the coalition a study has been carried out. My view is very clear, and I looked at the evidence again on becoming Prime Minister. I believe that if we want to have a credible deterrent, we need that continuous at-sea posture, and a submarine-based deterrent that is based not on cruise missiles but on intercontinental ballistic missiles. I believe that is the right answer, and I think all the evidence points in that direction.

Oral Answers to Questions

Bernard Jenkin Excerpts

Wednesday 5th December 2012 Commons Chamber

[The Prime Minister]

I think the hon. Gentleman was describing the situation in Wales, where Labour has put in place an 8% cut. Let me tell him what is actually happening in the NHS in England: we have got 1,350 extra clinical staff; we have taken down the number of managers by 6,700; mixed-sex accommodation is right down; the cancer drugs fund is making sure that many more people get access to those drugs; waiting times are down; the number of people waiting a long time is down; and the number of people waiting longer than 52 weeks to start treatment is at its lowest level since records began. He should be supporting this Government for their health policy and telling his Front Benchers to stop cutting the NHS.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

Does my right hon. Friend recall receiving a visit at No. 10 from the pupils of Market Field special school, which had been nicknamed “shed city” as there were so many demountables on its site? Does he share my delight that Essex county council has allocated £8.4 million to build a new school, and may I thank him for his support for that campaign?

[The Prime Minister]

I am very grateful to my hon. Friend for his question. I am a very big supporter of Britain’s special schools; I think they provide an absolutely vital service for parents and for children who have those special and sometimes quite acute needs. I am proud of the fact that this Government have invested in special schools and they are doing such a good job, including in his constituency.

Oral Answers to Questions

Bernard Jenkin Excerpts

Wednesday 7th March 2012 Commons Chamber

[The Prime Minister]

I do not think that there is anything wrong with the police getting back-office functions carried out by private sector organisations. Indeed, when the shadow policing Minister was asked about that at the Select Committee on Home Affairs, he said that he was quite relaxed about it. I think that that is right. I am delighted that the hon. Lady is considering whether to become a police and crime commissioner. That will be an excellent way of calling the police to account, and I hope that many other hon. Members will consider it as a career change.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

Will my right hon. Friend do all that he can to support Mayor Boris Johnson in London, who is pleading with the Pru, our biggest insurer, not to leave the City of London because of the attack by the European Union on the competitiveness of the City? I invite my right hon. Friend to block the fiscal union treaty by making an application to the European Court of Justice that it is illegal, until we get the City safeguards that he was demanding in December.

[The Prime Minister]

My hon. Friend is entirely right to raise the case of the Prudential, because it is an example of ill-thought-out EU legislation endangering a great British business, which should have its headquarters here in the UK. I recognise the importance of this matter. We are working extremely hard at the European level and with the Prudential to deal with it. I know that we have the full support of Boris Johnson in doing that.