Overseas Operations (Service Personnel and Veterans) Bill

Carla Lockhart Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 3rd November 2020 Commons Chamber

[Sarah Owen]

As has been raised many times by Members on both sides of the House, we would like to know exactly how many, yet we are left wanting.

We know that the armed forces risk their lives every day—[Interruption.] The Minister does not want to hear this. I have already had to suggest to him that he should turn off Twitter and listen to the genuine concerns of Members around the House. We know that the armed forces risk their lives every day, and we owe them a huge debt. We also know that they are sometimes faced with difficult decisions, but even in the heat of war, the rule of law still applies. The Government have provided no rationale for why sexual crimes should be excluded from the Bill, but not torture and other war crimes. All is not fair in love and war. Our armed forces are still bound to international humanitarian law, and the Bill risks UK personnel being dragged to the International Criminal Court, which is why I urge Members to support the amendments tabled by my hon. Friend the Member for Barnsley Central (Dan Jarvis) and the right hon. Member for Haltemprice and Howden (Mr Davis).

The exclusion of sexual crimes but not torture is important. Under international law, torture is clearly defined as intentional infliction of very serious or cruel suffering, yet the Minister said in Committee that

“we expect our service personnel to undertake activities that are intrinsically violent in nature. These activities can expose service personnel to the possibility that their actions may result in allegations of torture”––[Official Report, Overseas Operations (Service Personnel and Veterans) Public Bill Committee, 14 October 2020; c. 206.]

The definition of torture in international law is clear, yet the Minister seemed to deliberately muddle the violent nature of the work of the armed forces with legitimising torture. Given the world that we live in at the moment, that is a very dangerous path to go down. We are rightly condemning the horrendous abuses by the Chinese state in Xinjiang, the violations of human rights in Kashmir and the plight of the Rohingya people, but how can this Government call out other states for their use of torture and human rights abuses when they seek to pass legislation that legitimises the very same? Some Members on the Government Benches have loudly, and in some cases rather surprisingly, become self-appointed champions of protecting human rights overseas, yet we will see them again walk through the Lobby to vote for a Bill that erodes the international human rights laws that we should all uphold. Our armed forces can and should be held to the same high standards, being protected by, and adhering to, the same international law that we expect of others.

[Carla Lockhart (Upper Bann) (DUP)]

It is a privilege to follow the hon. Member for Luton North (Sarah Owen) in this debate.

My colleagues and I support the good intention of this Bill. It is the right thing to do to protect those who have protected us and this nation, and indeed many other innocents, in the face of the threat to life and the oppression of fundamental rights.

The Bill is not drafted perfectly, but tonight we have an opportunity to address and debate its deficiencies. One area of significant concern is torture. Amendments 1 to 10 seek to address that deficiency and, indeed, go a long way towards addressing this matter of grave public concern. That is the right thing to do. Like sexual offences, torture must fall outside the provisions of this Bill. Let us do nothing to undermine the values we hold dear as a nation. Where no investigation has taken place, it is absolutely right that the provisions of this Bill do not apply.

Cognisant of the purposes of today’s proceedings, I still wish to raise once again the plight of veterans of Operation Banner. I represent many such veterans who live in my constituency, and indeed hon. Members right across this House do so as well. While the operation was in Northern Ireland, those who served came from right across our United Kingdom and beyond. In the previous debate on this Bill, my hon. Friend the Member for Belfast East (Gavin Robinson) and I asked the Minister to state that the provisions of this Bill will not become law until the assurances made in the House on 18 March regarding Northern Ireland are fulfilled. The Minister said in response:

“We are clear that we will deliver our commitments to Northern Ireland. In a written ministerial statement on 18 March, we committed to equal treatment for those who served on Op Banner. We will not resile from that position.”—[Official Report, 23 September 2020; Vol. 680, c. 1049.]

That is a good intention—it is the right intention—but there is no guarantee. I know from our conversations with veterans that the longer this delay continues the more suspicious they get. This is wrong, and I need to know that the Minister believes it is wrong as well, so what is the cause of the delay? Those who await the knock at the door for standing up to terrorism deserve answers, and I urge the Minister to give those answers today.

The Bill is welcome and delivers on promises made by the Government, but we must no longer leave some veterans behind as prey to vexatious prosecutions. That is wrong, especially if, as suspected, it is for no other reason than to give a sop to the political front of the very people who killed and maimed many of those they served beside.

[James Sunderland (Bracknell) (Con)]

Having been spared the commitment of serving on the Bill Committee, I am fortunate also to have been spared some of the polarisation that has affected this Bill, so I talk today from a position of complete objectivity. Having also tracked this important journey very carefully for many years, both professionally and personally, I believe this is an essentially good piece of work that deserves a fair passage through Parliament.

As I stated on Second Reading, any new legislation needs to be set in the context of the prevailing macro-conditions and previous legislation. This Bill fills a void where little has previously existed, so I commend the Minister for his vision, resilience and fortitude to date.

The bottom line is that this Bill delivers on the Conservative manifesto commitment to address the issue of vexatious claims and makes the first substantial amendments of their kind to the Human Rights Act by limiting the time during which claims can be brought. I can say from experience that this is what our armed forces want. They aspire to better protected in law. They want to know that the country values their service. They need to know that they will be supported if they pull the trigger lawfully and, after the misery of the ambulance-chasing years, they want the threshold for prosecution to be raised so that the endless knocks at the door finally stop. This is a no-brainer.

EU Exit: End of Transition Period

Carla Lockhart Excerpts

Wednesday 23rd September 2020 Commons Chamber

[Michael Gove]

My hon. Friend is absolutely right that one of the benefits of departing from the EU is that we can safeguard our marine environment from predators, and we will take all steps necessary to do so.

[Carla Lockhart (Upper Bann) (DUP)]

Seven thousand truck long queues in Kent and two-day delays to trade would be disastrous for UK businesses, but so too would any delays and queues as a consequence of checks imposed within the UK as a result of the repugnant Northern Ireland protocol. What assurances will the right hon. Gentleman give me and businesses in Northern Ireland that no such delays will feature at Larne? Will he give an assurance to meet me and the major agrifood sector businesses in the not-too-distant future?

[Michael Gove]

I am grateful to the hon. Lady for raising that and for the opportunity I had to visit Ulster Carpets in her constituency over the summer. The Government are committed to ensuring that the Northern Ireland protocol operates in such a way as not in any way to disadvantage Northern Ireland’s agrifood businesses. I would be delighted to meet them with her.

United Kingdom Internal Market Bill

Carla Lockhart Excerpts

Wednesday 16th September 2020 Commons Chamber

[Sammy Wilson]

I do not know if there are too many people across the country today sitting in front of their TV screens, watching this debate: I doubt that many are likely to be doing so. But if there are, many of them will be bemused by our now having spent over three hours wrangling about whether it is a good thing that the Government are putting it into legislation that they are prepared to spend money across the United Kingdom on economic development, improving infrastructure, supporting cultural activities, supporting activities and programmes relating to sport, supporting international educational and training activities and supporting educational and training activities and exchanges within the United Kingdom. It is bizarre that we think this is in some way bad, and that the Government, by doing such a thing, are plotting, conniving and cynically trying to destroy parts of the United Kingdom and the devolution settlement.

The fact of the matter is that as far as England, Scotland, Northern Ireland and Wales are concerned, the devolved Administrations will still have significant spending powers over all those things. They will get their allocation under the Barnett formula, as they have always done. They will have the freedom to make the decisions to spend that money, and they will be able to set their own priorities. Even when it comes to the money that the Government will decide to spend centrally, does anybody really believe that some Minister in Westminster will look at, say, Northern Ireland and say, “There is something that the devolved Administration has never thought of, does not even have as a priority and has never even suggested, but by Jove we are going to spend money in Northern Ireland on that project.” It is totally bizarre to think that that is how money, which is hard raised in the first place, would ever be spent. Of course cognisance will have to be given to, first, what is in the national interest and, secondly, what local administrations believe is important to be delivered on the ground in their own areas.

One of the oddest arguments I have heard today was from the hon. Member for Foyle (Colum Eastwood), who is no longer in his place. I do not like talking about people who are not here, but as he has not stayed for my contribution, I must make the point. He wants clause 46 removed because he thinks it is in danger of bringing violence to Northern Ireland, it will break the peace agreement and it will tear up the Good Friday agreement. Somehow or other, the Government spending money on those things, or proposing to do so, will destroy the peace in Northern Ireland. I know that some people in this House have fairly thin arguments. When they have thin arguments, and especially when those arguments are anything to do with Brexit or the withdrawal agreement, they usually talk about violence in Northern Ireland, but this is taking it a bit far.

[Carla Lockhart (Upper Bann) (DUP)]

My right hon. Friend will share my shock and dismay at the comments that the hon. Member for Foyle made earlier, cheerleading threats from some US politicians, such as Peter King, a known IRA sympathiser, to scupper a UK-US trade deal, to the detriment of his constituents, my constituents and indeed everyone in the United Kingdom. Does he agree that those who promote the narrative of threatening violence, destabilising the peace process or threatening devolution have yet to tell us where those threats are coming or indeed to condemn them?

[Sammy Wilson]

I thank my hon. Friend, who has hit the nail on the head. We have all these threats—I have heard them from all around the House in the debate on this Bill. However, I have yet to hear how, first of all, anything in this Bill drives a coach and horses—to use the words of the hon. Member for Foyle—through the Belfast agreement. If it does that, I would have thought that he could give us one example. “Coach and horses” indicates to me that there should be about 100 examples, he did not even give the House one, and of course we get the usual threats.

I want to talk to our amendment 22. My concern is about the provision in this Bill to give financial assistance for all the areas that I have outlined. The danger is that, while it might apply in England, Scotland and Wales, it cannot apply in Northern Ireland, because financial assistance—and a whole range of other assistance, in tax, fiscal policy, industrial policy, research and development, and everything else—falls under the heading of state aid. The Government have realised—rather belatedly, even though they were warned—that the state aid provisions in the withdrawal agreement apply not only to Northern Ireland but to the whole of the United Kingdom, according to article 10 of the Northern Ireland protocol.

The Government have sought to remedy that—of course, they have got a lot of criticism for that—by saying that they will not apply those provisions to England, Scotland and Wales. However, the Secretary of State for Business, Energy and Industrial Strategy made the position quite clear in the letter that he has sent round, explaining that this legislation will

“ensure that there is no legal confusion about the fact that, while Northern Ireland will remain subject to the EU’s State Aid regime for the duration of the Protocol, Great Britain will not be subject to EU rules in this area.”

The reason for our amendment is to remove the exclusion of Northern Ireland in this Bill, which would otherwise prevent Northern Ireland from being able to benefit from that financial assistance.

If these infrastructure projects are to benefit the whole of the United Kingdom and to address national issues, I cannot understand how the Government can then say, “But by the way, we are consciously making a decision to exclude Northern Ireland from these safeguards.” Be in no doubt: without this Bill, under the withdrawal agreement, the whole of the United Kingdom would have to declare any assistance given to its industries, in any form. The Commission would make a judgment whether that was lawful, and if the Government persisted, the European Court of Justice would decide whether that support could be applied. That is the stark fact. That is one of the reasons why the Government have had to take the steps that they have taken, but they have left Northern Ireland out of that provision. Ministers have been quite explicit about that, and the Bill is quite explicit about that.

That has two effects. Let us not forget that we are talking about the internal market of the United Kingdom. The first impact is that Northern Ireland and businesses in Northern Ireland will be left unprotected from predatory behaviour or unfair competition from other countries in the EU, and especially the Irish Republic. We have good experience. People talk about co-operation between Northern Ireland and the Irish Republic. The fact of the matter is that, when it comes to looking for investment, looking for jobs and promoting its economy, the Irish Republic is not co-operating with us. It is not a collaborator; it is a competitor. It has proved that time and again.

We do not have any transatlantic flights between Belfast International airport and North America, even though North America is a very important market for us and a very important source of investment, and connectivity is all-important in that context. Why do we not? Because the Irish Government have promoted flights and used every fiscal device and every means possible to promote Dublin airport. I could go through lots of examples, but time is short.

That is the first impact. Northern Ireland businesses will not have any means of protection. Even if the Northern Ireland Executive spot an issue and say, “We want to have some support for our industries,” that is challengeable in the European Commission and in the Court—which, by the way, we will have no political representation and no judicial representation in.

UK-EU Negotiations

Carla Lockhart Excerpts

Tuesday 16th June 2020 Commons Chamber

[Michael Gove]

Yes.

[Carla Lockhart (Upper Bann) (DUP)]

Can the Minister outline what further progress has been secured to ensure that no additional declaration forms will need to be completed when sending goods from Northern Ireland to Great Britain? Will the Government guarantee that, in all circumstances, no business will be required to fill out such paperwork, as set out in their recently published Command Paper? Will he commit to visit firms in my constituency that have concerns in that regard?