Oral Answers to Questions

Debate between Chris Bryant and Dominic Raab

Wednesday 29th March 2023 Commons Chamber

[The Deputy Prime Minister]

I thank my right hon. Friend for all that she has done in this area. There have been a considerable number of changes to the Online Safety Bill, not least because of her forensic attention to detail. They will include the creation of a new base offence of sharing intimate images without consent that does not require proof of an intention to cause distress. The Government also support the revenge porn helpline, which offers free and confidential advice. If there are any further changes that she thinks need to be made, I would be happy to look at them with her.

[Sir Chris Bryant (Rhondda) (Lab)]

I do not know whether the Deputy Prime Minister ever met Lily Savage or whether he has ever spent a night out at the Royal Vauxhall Tavern. I can take him sometime if he wants to go—[Interruption.] I think that was a yes, actually. Lily was performing there at the height of the AIDS crisis in 1987 when police officers raided the pub and arrested her, among others. They were wearing rubber gloves because, supposedly, they were protecting themselves from contracting HIV by touching gay men. Lily, amazingly, said at the time, “Oh, lads, you’ve come to do the washing up! That’s great!” Her alter ego, Paul O’Grady, campaigned acerbically and hilariously for elderly people and care workers and against oppression of every kind. Is it not time that we in this country celebrated our naughty, hilarious drag queens and comics of every kind who inspire us to be a better and more generous nation?

[The Deputy Prime Minister]

I thank the hon. Gentleman, and I totally agree with him. Paul Grayson was an incredible comic, but he also—[Hon. Members: “Paul O’Grady!”] Yes, Paul O’Grady. In terms of Lily Savage, some of that comedy broke glass ceilings and boundaries in a way that politicians would struggle to do, so I agree with the hon. Gentleman on that. I also think it shows how we need greater, more rambunctious free speech and how we need to avoid the wokery and the limitations on comedy, which, I am afraid, both of them would have had no time for.

Oral Answers to Questions

Debate between Chris Bryant and Dominic Raab

Tuesday 5th July 2022 Commons Chamber

[Chris Bryant (Rhondda) (Lab)]

The Justice Secretary said this morning on television and on the radio, on the basis of conversations that he had had with the Prime Minister in the last 24 hours, that Lord McDonald’s claim that the Prime Minister had been directly and personally informed and briefed, in person, on the allegations that were substantiated at the Foreign Office, while he was Foreign Secretary, against the right hon. Member for Tamworth (Christopher Pincher) was untrue. Has the Justice Secretary had further conversations with the Prime Minister, and is that still his position?

[Dominic Raab]

That is not what I said.

Oral Answers to Questions

Debate between Chris Bryant and Dominic Raab

Tuesday 22nd March 2022 Commons Chamber

[Chris Bryant (Rhondda) (Lab)]

Does not Mariupol alone demand that we go even further on sanctions in relation to Russia? Could we not sanction all the Russian banks, rather than just 60% of them? Should we not be taking action against the oil and gas companies? Should we not be removing tier 1 visas from people in the UK who have them and have not yet condemned the war in Ukraine? Should we not be putting more pressure on companies—such as Infosys in India—that have big investments in Russia? Should we not make sure that all the family members and apparatchiks are also sanctioned?

[Dominic Raab]

The hon. Gentleman is absolutely right that we should continually challenge ourselves. The most important thing, though, is that we are focused on and targeted at those either with direct links into the Kremlin or who fund or indirectly fund, to put the squeeze on Putin’s war machine.

Strategic Lawsuits Against Public Participation

Debate between Chris Bryant and Dominic Raab

Thursday 17th March 2022 Commons Chamber

[Dominic Raab]

I pay tribute to all the work that my right hon. and learned Friend did in his tenure as Justice Secretary. He and I have looked at various things in this House together over many years, and the one thing we have always agreed on is the primacy of free speech. It is not entirely unqualified—libel laws are there for a reason—but he is absolutely right that the quintessential British liberty that guards all the others is freedom of speech and expression. However troubling it may be for politicians to have the journalistic scrutiny, rigour and all that, we understand in our hearts that it is critical to a healthy, vigorous democratic society, and I will certainly look at any other examples that he may wish to raise where we see this kind of legalised bullying through the courts and our jurisdiction.

[Chris Bryant (Rhondda) (Lab)]

This is all really good stuff, and I am delighted that we are moving in the right direction. I always want the Justice Secretary to go faster; he can be very slow in delivering what he knows I want him to deliver. The real trouble we have had in this country is that the people of Britain have never known the truth about Russian money, because journalists, broadcasters, sometimes politicians and Governments have been too frightened to go to court because they know that the pockets on the other side are so deep, and they are terrified they will lose their home or their business, or the Government will lose millions of pounds on behalf of the British taxpayer. Can I ask him about the seizure of goods? We will need to seize assets. Take Chelsea football club—we will not be able to sell it on until we have seized it. Will we not need legislation for that, as well, and will he ensure that there is a proper tender for the sale of that, so that it does not go to somebody who is equally dodgy?

[Dominic Raab]

Forgive me if I do not get drawn into Chelsea football club, which is outside the scope of what we are discussing in this statement. I pay tribute to the hon. Gentleman. Since doing BackBench Business debates on Magnitsky in 2012, he and I have always, whatever else we may differ on, made common cause on the need for robust sanctions. He has been one of the leading lights in relation to SLAPPs, and I will certainly look carefully at the important specific points he has made.

Legal Aid

Debate between Chris Bryant and Dominic Raab

Tuesday 15th March 2022 Commons Chamber

[Dominic Raab]

I thank my hon. Friend for raising this very important point. In 2020, the gender balance at the point of entry among specialist criminal barristers was roughly 50:50, but at the senior level there is a much higher imbalance, with a ratio of 70:30 men to women. What are we doing about that? Our fees changes, for example in relation to duty solicitors, will particularly support younger lawyers. They will disproportionately help women with caring responsibilities.

We are also looking at further diversification through the roles and the rights that CILEX members can acquire. CILEX has allowed non-graduate routes into the profession, and I think 76% of its members are women. More generally, breaking down glass ceilings and barriers to entry into the profession is important. Beyond fees, the consultation will allow us to consult and to understand what more we can do systemically to attract a broader diversity of practitioners into the profession and then, critically, allow them to flourish.

[Chris Bryant (Rhondda) (Lab)]

The Secretary of State is right to say that we need to deliver swifter justice for victims, but if you will allow me a slight detour, Madam Deputy Speaker, do we not also need to deliver swifter justice to victims of war crimes in Ukraine? What is the Government’s attitude now towards the International Criminal Court? I think he would agree that attacking a nuclear power station or civilians is a war crime, but will he ensure that it is a war crime to initiate a war of aggression?

[Dominic Raab]

I share the hon. Gentleman’s interest in this subject and it is a timely, if circuitous, question, because I was in The Hague yesterday, where I met the ICC chief prosecutor and the president of the court; as he Gentleman knows, the ICC is independent and it is for it to determine those issues. I think I was the first Justice Minister to go there, and I was clear that we will provide a package of support, including financial and technical assistance, to enable the office of the prosecutor to do its job. We will be co-ordinating with our allies and our key partners so that is a concerted effort. The message needs to go out to Putin and to every commander on the ground in Ukraine that if they follow illegal orders they will end up in the dock of a court in The Hague and potentially in prison.

Afghanistan

Debate between Chris Bryant and Dominic Raab

Wednesday 18th August 2021 Commons Chamber

[Chris Bryant]

Will the Secretary of State give way?

[Dominic Raab]

May I make a little progress and then I will come back to the hon. Gentleman?

I thought that the hon. Member for Barnsley Central (Dan Jarvis)—I do not know whether he is back in the Chamber—spoke particularly powerfully about the need for a concerted international response. The right hon. Member for Hackney North and Stoke Newington (Ms Abbott) gave voice to a veteran in her constituency, Jack Cummings, and spoke about the sacrifices that were made by so many on the battlefield.

My right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) also made a very powerful speech in which he made the point that how we leave is as important, if not more important, than the question of withdrawal itself. I can tell him, because he asked a specific question, that we tested the approach very rigorously with our US allies when they consulted us. The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) also gave witness to the many terrified Afghans who now face the threat and risk that come with Taliban control.

[Chris Bryant]

Lots of my constituents have got in touch today to say that the thing that they are most anxious about—many Members reflected this during the debate—is those people who are terrified in Afghanistan today and want to get out. We want to help many of them to get out of Afghanistan but, for some reason, we are saying that we will take 20,000 over several years, but only 5,000 this year. If the Government could simply say that whoever manages to get here this year, we will take this year, that would be a significant advance.

[Dominic Raab]

I will come on to address that matter, but I understand the point that the hon. Gentleman makes.

My right hon. Friend the Member for North Shropshire (Mr Paterson) gave a courageous speech.

Belarus: Interception of Aircraft

Debate between Chris Bryant and Dominic Raab

Monday 24th May 2021 Commons Chamber

[Dominic Raab]

I think we all want to stand up for the same issue. I have spoken to a range of the key figures and that is not the feedback we have had, at least in terms of the UK response. We engaged very swiftly—before the EU, in fact—after the rigged election and imposed sanctions on 99 individuals in total, if we include not only the Belarusian regime but the Magnitsky sanctions that we imposed. I take the hon. Lady’s broader point. It is a question not of tit-for-tat but of making sure that we exercise every potential due diligence to stand up and hold to account those who violate people’s human rights and—I think this was the hon. Lady’s point—making sure that we seal every crack so that there is no possibility of businesses linked to the regime making money in this country.

[Chris Bryant (Rhondda) (Lab)]

There is no doubt that Belarus is now a rogue state. Lukashenko is a criminal, and I hope that eventually he will spend many years in prison. I celebrate the phenomenal courage of the politicians, activists, ordinary members of the public and, of course, journalists, who have made sacrifices that none of us in the UK would ever even dream of having to make. I have a terrible fear that every time we discuss these authoritarian regimes and issue another statement, we are basically throwing another snowball into a river. When are we actually going to take serious measures to make sure that these things do not go unpunished?

[Dominic Raab]

I have campaigned on these issues with the hon. Gentleman for many years and he is always an eloquent, powerful, tenacious and articulate advocate. I am not quite sure what action we could take that he thought we should take, but I am open to all suggestions, in a spirit of openness, and we need to marshal all our resources. One issue that I have not mentioned is that we are one of the largest shareholders in the European Bank for Reconstruction and Development and—I say this for completeness—we fully support its announcement that it will no longer support Belarusian sovereign funds. I accept the argument that we need to look at every possible lever, but, as the hon. Gentleman alluded to and implied, that is not easy when a regime is as dug in as the Lukashenko regime so clearly is.

Oral Answers to Questions

Debate between Chris Bryant and Dominic Raab

Tuesday 20th April 2021 Commons Chamber

[The Secretary of State for Foreign, Commonwealth and Development Affairs and First Secretary of State (Dominic Raab)]

We have significant concerns about the recent Russian military build-up of forces on Ukraine’s border. We are working with our allies—I was at a NATO meeting of Foreign and Defence Ministers last week—and our objective is to deter Russia, reassure Ukraine and de-escalate the situation.

[Chris Bryant]

I am glad to hear that, but, in 1994, the UK, Russia and the United States of America signed the Budapest memorandum, which issued not exactly guarantees but assurances that we would respect the independence, sovereignty and existing borders of Ukraine, in return for which Kiev surrendered 1,900 strategic nuclear warheads, which was vital to secure peace in the region. Is it not now all the more incumbent on us to make it very clear that we will continue to provide political, diplomatic, scientific, financial and, if necessary, military support to Kiev?

[Dominic Raab]

I thank the hon. Gentleman, who has long-standing experience of this issue; I agree with his level of concern. There are three things that we are doing right now that matter. The first is holding Russia to its international commitments, including not just the ones that he mentioned, but the OSCE principles of accountability for the build-up of troops. Russia has not responded to the calls for an explanation within the OSCE. We will continue our robust approach to sanctions. He is right that we will continue to provide diplomatic support, but we will also continue to provide military support: since 2015, through Operation Orbital, we have trained more than 20,000 Ukrainian armed forces personnel.

--- Later in debate ---

[Chris Bryant (Rhondda) (Lab)]

I agreed with the Prime Minister when he said that his greatest mistake when he was Foreign Secretary was in relation to Russia—that he had misplayed the relationship with Russia—and I want to return to that point. We now know for certain that the two men who were involved in the Skripal poisoning, or attempted poisoning and inadvertent successful poisoning, were GRU officers, almost certainly acting on the direct command of the Kremlin, and that those two officers were also involved in a murder and an explosion in the Czech Republic. It seems extraordinary to me that this has taken so many years to come out. Why has there been such a delay in this information coming to the public, and what are we going to do to make sure that murderers on Putin’s payroll are not strolling the streets of every capital in Europe?

[Dominic Raab]

The hon. Gentleman will know that the Czech explosion that led to the attribution was many years ago. The decision to attribute was the product of a long investigation by the Czech authorities, and he will have seen that we stood absolutely full square in solidarity with our Czech friends.

In the ways that I explained earlier to the shadow Foreign Minister, the hon. Member for Wigan (Lisa Nandy), we have increased and continue to increase our measures for screening and for accountability, and of course, through the Magnitsky sanctions—which the hon. Gentleman himself has championed—we have a new means of targeting human rights abuses. To the extent that they also impinge on dirty money, which in fairness the hon. Member for Wigan spoke about, I have already made clear that we will shortly be introducing an extension to the Magnitsky sanctions to cover that.

Human Rights Update

Debate between Chris Bryant and Dominic Raab

Monday 22nd March 2021 Commons Chamber

[Dominic Raab]

I thank my hon. Friend for his powerful statement and his welcome support. Obviously, we do not comment on individual names, not least because we do not want to give them foresight or advance warning if we were to take measures. We keep the evidence under review. If he has any particular evidence—I have talked to other Members of the House in relation to some of the third-party and open-source information that has been published—we will, of course, look at it very carefully.

[Chris Bryant (Rhondda) (Lab) [V]]

I warmly commend what the Foreign Secretary has announced today, not least because I have been calling for it, like many others across the House, for weeks and weeks. It is a delight to hear what he has had to say today, but I wish he would be a little bit less of a lawyer about all of this. Sometimes it ends up looking as if the Government are trying to have it both ways all the time. Yes, announce sanctions against those involved in what I would certainly call genocide in China, but, at the same time, they drag their feet about it, take too long to deal with the human rights abuses in Hong Kong being perpetuated by Carrie Lam, and quite often refuse to take action against the dirty money, for instance, from Russia that is coming into the UK. May I urge him to think seriously about how we make the Magnitsky sanctions regime, which he very wisely and courageously introduced, have more of a parliamentary angle to it, so that we can help review and bring these sanctions into place?

[Dominic Raab]

I thank the hon. Gentleman and pay tribute to him, because, back in 2012, he was one of the cross-party alliance in favour of these measures. I remember his moral courage and tenacity in calling for it in relation to the Uyghur Muslims. He has complained about lawyerliness. Let us remember that we are talking about a legal regime that imposes visa bans and asset freezes, which affects the rights of others. It is absolutely right that we take very seriously the legal criteria and the evidence base for doing so, and there is absolutely nothing stopping him, either in relation to the regime or by providing evidence to the Government, from playing a full role. However, let us also ensure that we have due process, otherwise the risk is that we trip up, we get legally challenged and we give the PR coup to precisely those whom we want to be calling to account.

Xinjiang: Forced Labour

Debate between Chris Bryant and Dominic Raab

Tuesday 12th January 2021 Commons Chamber

[Dominic Raab]

I thank my hon. Friend for his support for the measures we are taking. He is right about them. I share his concern in relation to Xinjiang and also, specifically, torture. Torture is an international crime, and anyone who engages in it, directs it or even takes an order in relation to it will be guilty under international law. The real challenge with China, as we know, is how to get remedy—redress—for these actions. The measures that we have announced today will prevent any profiting from forced labour, or indeed torture, and also prevent any UK businesses from financially, whether inadvertently or otherwise, supporting it.

If we want more significant accountability, the answer is to get an authoritative third-party body that is to review such matters—as, with the greatest respect to my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), we have managed to secure in relation to World Health Organisation access to China this week. We have to keep pressing, with our international partners. That is why the group of international partners that is assembled is very important. It must be as broad as possible in order to secure access for the UN Human Rights Commissioner.

[Chris Bryant (Rhondda) (Lab) [V]]

Of course I warmly welcome these measures, but they simply are not sufficient for the moment at hand. We need only listen to the Secretary of State’s own comments and read them against the genocide convention to see that there is a clear example of genocide being practised in Xinjiang now. Killing people, causing bodily or mental harm, preventing births, forcibly transferring children—these are all the markers of genocide. Of course we need to come to a view both in this House and in the courts, but the difficulty about doing so through the courts is that China has a veto. How are we going to make sure that we name this as it properly is and that the people who are accountable for it actually come to justice? I have lauded the Secretary of State many times for introducing the Magnitsky measures, but there is no point in having them and just constantly reviewing them if we never blasted well use them.

[Dominic Raab]

We have used the Magnitsky sanctions. We recently announced another tranche of measures in addition to the first, and, as the hon. Gentleman will know, we are working on proposals to extend the model to corruption, so we have been extremely assiduous in this area. I understand his point about how we actually hold people individually to account for these crimes. Whether it is genocide or gross human rights violations, the label is less important than the accountability for what are, no doubt, egregious crimes, but he has not suggested anything to me that would precipitate that. We are taking the targeted measures that will cut the funding, inadvertently or otherwise, going into the internment camps, and prevent those in the internment camps who are running them from profiting from it. If we want any wider initiative, we will need a far wider range of international support and we will need to get authoritative third parties to have some kind of access. That is why I referred to the work of the United Nations Human Rights Commissioner, as difficult and challenging as it is, and why I raised it with António Guterres yesterday.

Global Human Rights Sanctions Regime

Debate between Chris Bryant and Dominic Raab

Monday 6th July 2020 Commons Chamber

[The Secretary of State for Foreign and Commonwealth Affairs and First Secretary of State (Dominic Raab)]

Mr Speaker, with permission, I would like to make a statement on the global human rights sanctions regulations. As we forge a dynamic new vision for a truly global Britain, this Government are absolutely committed to the United Kingdom becoming an even stronger force for good in the world: on climate change, as we host COP26; as we champion 12 years of education for every girl in the world, no matter how poor their background; and on human rights, where we will defend media freedoms and protect freedom of religious belief; and, with the measures we are enacting and announcing today, hold to account the perpetrators of the worst human rights abuses.

I first raised this issue in a 2012 Backbench Business debate. It was a cross-party issue then, as I hope it will be now. I recall co-sponsoring it with the former Foreign Secretary, David Miliband. I also would like to pay tribute to Members from across the House, particularly my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), who sponsored that debate, and the hon. Member for Rhondda (Chris Bryant), who joined me in that initial debate and who has been chivvying me along ever since, normally from a sedentary position.

[Chris Bryant (Rhondda) (Lab)]

I’ve not stopped.

--- Later in debate ---

[Dominic Raab]

I pay tribute to my right hon. Friend for all the work he has done in this area and in promoting human rights in international relations, particularly in his time as International Development Secretary. There is clearly an important role for the legislature, not only in debates and scrutiny in this House, but in the Select Committees. Select Committees, individuals, NGOs and external actors can provide information and evidence, as well as suggestions about how we take these matters forward. We have also, to give maximum transparency to the House today, published a policy note to explain how we will go about it and in particular how the designation process will look at the worst crimes and those who bear the greatest responsibility for those human rights violations.

[Chris Bryant (Rhondda) (Lab)]

I am absolutely delighted. Well done. That is not least because human rights in the end are a seamless garment. Uyghur Muslims, gay Chechnyans, Russian journalists, Colombian campesinos and the Rohingya all have human rights. Corruption nearly always goes hand in fisted glove with human rights abuse and nearly always the first step is the repression of democracy—the preventing of people from enjoying their freedom of assembly and their freedom of speech. That is why I strongly urge the Foreign Secretary to look at another clause that would include the repression of democracy and the rights of assembly and of freedom of speech, and therefore look very carefully at whether Carrie Lam should not be on the list.

[Dominic Raab]

I thank the hon. Gentleman and also pay tribute to him. These measures would not have come about without the tenacity and advocacy he has consistently put into this area over many years and on a cross-party basis. As I said, this is a first step, and we will consider how we can proceed, but I make no apology for wanting to make the first step a sure-footed one. Just for clarity, the most serious human rights abuses that we have chosen often are used precisely to suppress peaceful protest or freedom of speech. Magnitsky himself was a whistleblower who was tortured for blowing the lid on the biggest tax fraud that we know of in Russian history. I take the hon. Gentleman’s wider points. We will look to progress, develop, fine-tune and enhance this regime as we proceed.

Hong Kong National Security Legislation: UK Response

Debate between Chris Bryant and Dominic Raab

Tuesday 2nd June 2020 Commons Chamber

[Dominic Raab]

I appreciate the hon. Lady’s spirit, but nothing has happened because we do not control China or the Government in Hong Kong. It is not entirely clear to me what specifically she proposes. I am open to all suggestions. I welcome them.

[Chris Bryant (Rhondda) (Lab)]

Magnitsky!

[Dominic Raab]

We have called for a fully independent investigation in relation to police treatment of the protesters. We will introduce our mechanism for so-called Magnitsky legislation shortly. [Hon. Members: “When?”] We have been slightly disrupted because of coronavirus, but we will bring it forward shortly. I pay tribute to the work of the hon. Member for Rhondda (Chris Bryant), who speaks from a sedentary position and has a long-standing position on the issue.

--- Later in debate ---

[Dominic Raab]

I thank my right hon. Friend, and he is right to say that the actions in relation to Hong Kong and in other areas are opposed to our values as well as our interests. I certainly welcome the fact that we have, it feels to me, a groundswell of cross-party consensus on this issue, because we are stronger when we are bigger than the sum of our parts and we are more effective in getting our message across. We now have to translate that into the wider international community.

[Chris Bryant (Rhondda) (Lab)]

I applaud the Foreign Secretary for what he has said; he is being very, very reasonable and, as the right hon. Member for Ashford (Damian Green) said, has the whole House behind him. I just want more oomph from him—a bit more vim and determination—because these are really important principles; the rule of law around the world must hold. So I say to him: please, please, please, bring forward the blasted Magnitsky regulations, which he proposed when he was a Back Bencher. I want him to bring them back to the Dispatch Box, not in weeks, months and years, but in days and hours.

[Dominic Raab]

I will do my level best to get this before the House before the summer recess. I hope that the hon. Gentleman, who is most understanding, will recognise that one or two other things have displaced our focus—[Interruption.] I should point out to the hon. Member for Wigan (Lisa Nandy) that the Government have not been in power, and I have not been Foreign Secretary, for two years, but we will get on with it. I share the hon. Gentleman’s restlessness to deliver it and look forward to his support when we do.

Covid-19

Debate between Chris Bryant and Dominic Raab

Tuesday 17th March 2020 Commons Chamber

[Dominic Raab]

I thank my hon. Friend the Chair of the Foreign Affairs Committee. He is absolutely right about the consular measures that we are taking to support UK nationals who feel vulnerable or stranded overseas. I also agree with him about the need for an international approach to pandemics such as this; we have not seen anything like this before. That is why we are providing support to build up the capacity in some of the most vulnerable countries. We are doing that with a total envelope of up to £241 million of aid funding and we are working through the World Health Organisation, the Red Cross, UNICEF and other organisations.

More generally, the Prime Minister spoke to his counterparts in the G7 yesterday. They agreed on the importance of a stronger co-ordinated international approach, and that will include everything from economic measures to research and development to make sure that there is the collaboration that will prevent further pandemics from happening.

[Chris Bryant (Rhondda) (Lab)]

Our consular staff are doing an amazing job and many of them around the world are volunteers—they are not paid for their work. I hope that the Foreign Secretary will pass on our gratitude on behalf of all our constituents.

May I tease out the issue of people returning home? As I understand the Foreign Secretary’s advice, it is that if somebody is thinking about travelling abroad now, they should bear in mind that they may not be able to get back. But at the same time he is saying that people should not necessarily come back now. That seems to be inconsistent.

[Dominic Raab]

I thank the hon. Gentleman for what he said about consular staff; we will pass that on. It does matter that we have cross-party support for the essential work that all our public services are doing.

The hon. Gentleman asked about travel advice. Obviously, we are advising against all but essential travel globally. It is up to individuals to make the individual judgment calls, which will depend on their personal circumstances and on the availability of commercial flights. In the last resort, we have been able to provide repatriation flights, but that is getting more difficult. We will continue to provide support and advice, but ultimately some of those judgment calls will remain a decision for the individual.

Global Britain

Debate between Chris Bryant and Dominic Raab

Monday 3rd February 2020 Commons Chamber

[Dominic Raab]

I pay tribute to my hon. Friend, not for his role in the House, but for his experience and role in peacekeeping operations. I particularly remember him giving evidence to the Yugoslavia tribunal, in my time in The Hague, as an expert witness. He is absolutely right, and as we leave the European Union, while we want to maintain strong relations with our European friends and partners, we also want to make sure that NATO is fit for the future, and is strengthened and reinforced, given the changing threats that it faces. As he so rightly says, there is also an increasing role for an even more ambitious approach in the United Nations on human rights, but also on peacekeeping.

[Chris Bryant (Rhondda) (Lab)]

Successive Prime Ministers have come back from the European Council and boasted, quite rightly in many cases, how well they have done persuading the whole of the EU to adopt sanctions in relation to Russia. How are we going to do that when we are no longer sitting in the room?

[Dominic Raab]

The hon. Gentleman makes an interesting point. We will have the freedom to have a more autonomous approach to sanctions. [Interruption.] It is not quite true, if he looks at the competence of the EU. In relation to human rights abuses, we will set out our proposals shortly, but we have an interesting opportunity, working with our Canadian and wider Five Eyes partners, as well as with our bilateral partners who are closest to us on human rights issues, to provide, cement and reinforce an even broader coalition of like-minded countries that will hold dictators and despots to account for the worst abuses.

Joint Comprehensive Plan Of Action

Debate between Chris Bryant and Dominic Raab

Tuesday 14th January 2020 Commons Chamber

[Chris Bryant (Rhondda) (Lab)]

I certainly do not want to defend the actions of the Iranian regime on any count. The Foreign Secretary was instrumental, when he was on the Back Benches, in making sure that the Government introduced legislation known as the Magnitsky amendments, which were to enable the Government to have another tool in the box in relation to sanctions. They were primarily considered as relating to Russia, but would it not be a good idea to have them on the statute book in the UK now, as fast as possible, and would we not be considering using those sanctions in relation to Iranians as well?

[Dominic Raab]

The hon. Gentleman is quite right, first, about the importance of having that sanctions capacity. As we leave the EU we will have more autonomy to do that. We are looking forward to bringing that forward. It was mentioned in the Queen’s Speech. He also made the point—I think we have always agreed about this since the campaign for a Magnitsky regime in this country—that such capacity certainly should not just apply to Russia, or to one country, but should be universal in geographic scope, and the approach that we are taking will be.

Brexit Negotiations and No Deal Contingency Planning

Debate between Chris Bryant and Dominic Raab

Tuesday 4th September 2018 Commons Chamber

[Dominic Raab]

The Prime Minister has made this very clear, and we are working across Whitehall to ensure that the laws are in place and that the money has been allocated, as the Chancellor did in the last Budget, as well as, crucially, ensuring that the regulatory and practical arrangements are in place. That is what these technical notices will help to achieve.

[Chris Bryant (Rhondda) (Lab)]

What passport queues will British citizens use from next April when they are entering European Union countries? What passport queues will EU citizens use when they arrive at Heathrow, Gatwick or any of our other airports? Will there be any special British passport queues?

[Dominic Raab]

I am going to leave the question of passport queues to the Home Secretary. I will say, however, that the hon. Gentleman is right to point out, in relation to the deal and no deal planning, that in order to get the right outcome we will need collaboration and goodwill, which I am confident we will get from the EU side. That is why we are continuing these negotiations. Even in a no deal scenario, in relation to the default arrangements that would apply, we would want to keep co-operating and communicating to ensure that we minimise any disruption.

EU: Future Relationship White Paper

Debate between Chris Bryant and Dominic Raab

Thursday 12th July 2018 Commons Chamber

[Dominic Raab]

I understand my hon. Friend’s concerns, and in my earlier remarks I addressed points about how in practice this House will retain scrutiny. Under the facilitated customs arrangement, up to 96% of UK goods trade is likely to pay the correct or no tariff at the border. I hope that that gives him a sense of the minimisation of disruption that we will achieve.

[Chris Bryant (Rhondda) (Lab)]

The problem still remains that there is no majority for this in the House of Commons—to be honest, the sooner we have a vote on it the better, because it will save the Government a lot of time. I welcome the right hon. Gentleman to his post. I have found him to be a very good Minister to do business with. I hope, however, that today has shown that the more the Government try to use the powers of the Executive to skirt around the side of Parliament, the less likely they are to achieve an agreement in the House that can eventually be sold to the European Union. I urge him to work with all Members of the House to try to get a better deal. Otherwise, we will fall out of the European Union without a deal, and that will harm our security.

[Dominic Raab]

I respect the hon. Gentleman’s views, and even though we differ on this issue, we agree on many other things. I will certainly take up the offer to work with him in future as the negotiations and legislation unfold. I say gently, however, that all Labour and Conservative Members stood at the last election on manifestos that committed to leaving the EU. We cannot leave the EU and stay in the single market and the customs union. No amount of haggling over procedural or process points can mask the divisions among Labour Members, or their failure to take a decision about what their position on Brexit should be.

European Union (Withdrawal) Bill

Debate between Chris Bryant and Dominic Raab

Committee: 7th sitting: House of Commons
Wednesday 13th December 2017 Commons Chamber

[Chris Bryant]

No. The hon. Gentleman can point and hail as many cabs as he wants, but I am not going to give way to him again because others wish to speak.

All too often, the Government have urged us to accept clause 9 and the related measures on the basis of trust alone. As has already been said, it is just too difficult to see how we can put that trust in their hands. For a start, they have systematically ignored resolutions of the House over the past seven years; they have regularly refused to allow annulment debates on statutory instruments so that they could be meaningful—they have refused to do that even when they have guaranteed at the Dispatch Box that they were going to do so; and they have insisted on having majorities on all Committees. I fear that if we allow the Government to have excessive powers, they will tend to use every single one of those powers. The truth is that they seem to want a carte blanche.

I wish the Government welcomed the role of Parliament in this process, but I just do not detect that. The devil will be in the detail. The Government cannot just bamboozle the people with verbiage that has absolutely no meaning whatsoever: “Brexit means Brexit”, “a red, white and blue Brexit”, “nothing is agreed until everything is agreed”, and all the rest of it. It is a denigration of the English language, let alone anything else.

What we actually need is a Bill, with words in it that have legal effect, because, in the end, this is an existential matter for Parliament. Are we really a sovereign Parliament if we surrender our power to the Government? Not really. Are we really a representative democracy if MPs are denied a truly meaningful role in the process? Not really. Are we really a United Kingdom Parliament if we carry only 52% of the country with us? Not really.

[Dominic Raab]

It is always a pleasure to follow the hon. Member for Rhondda (Chris Bryant), who made some very serious constitutional points with great colour and eloquence. I am grateful to hon. and right hon. Members who have contributed to this debate through their various amendments and speeches. My approach over the course of my speech—I suspect that it will take me an hour to get through it—will be to take clause 9 first, and then to come on to clauses 16 and 17 as well as schedule 7.

It may be helpful to hon. Members who want to intervene to know that I will first explain the function of clause 9 and why it is necessary, and then set out some of the illustrations that the hon. Member for Greenwich and Woolwich (Matthew Pennycook) suggested were required. I will come on to talk about the limits, and then I will address the amendments, including amendment 7, which was tabled by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve). The key issue will come down to timing, so I will also touch on that, but first, let me set the scene.

Clause 9 highlights the interaction between diplomacy at the international level and the domestic legislative preparation for Brexit. The Government are committed to securing the best deal that we can with our EU partners for the whole United Kingdom against the very acute time pressure set out under the article 50 process imposed on us.

Clause 9 enables regulations to be made for the purposes of implementing the withdrawal agreement. It is now, as hon. Members have said, a supplementary provision to give us agility in the negotiations and the flexibility of legislative procedure to deliver the best deal under time pressure. The Secretary of State for Exiting the European Union announced to this House on 13 November the Government’s intention to bring forward new primary legislation in the form of the withdrawal agreement and implementation Bill to give effect to the major elements of the withdrawal agreement. That will include citizens’ rights, the implementation period, the financial settlement and the other issues wrapped up within the exit negotiations.

--- Later in debate ---

[Dominic Raab]

What I am saying is that my hon. Friend has had an assurance, given by me at the Dispatch Box, that I hope addresses his concern. If hon. Members want to come back on Report with further amendments, I will continue to give them proper consideration. I think all hon. Members who have dealt with me directly have found that I have been true to that commitment.

[Chris Bryant]

Will the Minister give way?

[Dominic Raab]

No, I am not going to give way again.

Amendment 47, tabled by the Chair of the Exiting the European Union Committee, is slightly different in that it would make the use of clause 9 dependent on approval of the withdrawal agreement by both Houses without specifying statute. Similar timing concerns apply. We would need to retain the option to ready statutory instruments before such approval, but I have made clear, and I make clear again, that they would not enter into force until Parliament had held its meaningful vote.

New clause 68 replicates the provisions of amendment 47, with the addition that the Government must seek the approval of Parliament no later than three months before the date of exit. We cannot bind ourselves to such strict sequencing constraints when the latter stages of the negotiations remain unknown. To do so, in fact, would be irresponsible. It is also a vague and arguably defective new clause, I say with the greatest respect, because it is not clear whether by the “conclusion” of the agreement the hon. Member for Swansea West (Geraint Davies) means finalisation of the text, signature, ratification or entry into force. For those reasons, I hope hon. Members will not press their new clauses and amendments.

--- Later in debate ---

[Dominic Raab]

As I said earlier, clause 9 retains the residual necessity to provide us with agility in these negotiations. I think that I have given the assurances on substance that Conservative Members and, I believe, some Opposition Members wished to hear. If other Members want to table amendments on Report, I will of course continue the dialogue in which I have engaged all along.

[Chris Bryant]

Will the Minister give way?

[Dominic Raab]

I am going to make some progress, because I have been on my feet for some time.

[Chris Bryant]

rose—

[Dominic Raab]

I will not give way to the hon. Gentleman, because I have given way to him already. I am going to make some progress.

[Chris Bryant]

rose—

--- Later in debate ---

[Dominic Raab]

I welcome the chance to reiterate what has already been said and what is already set out in the written ministerial statement: we will guarantee that there will be a meaningful vote in this House, and that none of statutory instruments introduced under clause 9 will enter into force until we have had that meaningful vote. That squarely addresses the substantive issue that my right hon. and learned Friend is getting at. He criticises me for dealing with all the other amendments, but it is only fair in the proper course of parliamentary proceedings to ensure that all amendments from all hon. Members are fairly addressed.

[Chris Bryant]

Will the Minister give way?

[Dominic Raab]

I will not. I am going to finish, because I have been at it for well over an hour and I want to make my final points and give other Members the opportunity to have their say.

Orders under clause 7 will designate Ministers so that they can exercise the power in section 2(2) of the European Communities Act 1972 to implement EU obligations. Once the 1972 Act is repealed, designation orders will be redundant, so we need to be able to tidy up such laws on the statute book. Hon. Members will know that consequential provisions are a standard part of many pieces of legislation, even legislation of constitutional importance such as the Constitutional Reform Act 2005 or the devolution Acts. Equally, transitional provisions are a standard way of smoothing the application of a change in the UK statute book.

The Bill already includes the lengthy schedule 8, which contains consequential amendments, but some more may be needed, and it will take time for departmental experts to identify and correctly resolve others. For example, the Bill amends the definition of “enactment” in the Interpretation Act 1978, and Departments will need to review all the references to “enactment” across the whole statute book to identify any that need amending as a consequence of the Bill. That is not a novel use of a consequential power, because the definition of “enactment” was inserted into the 1978 Act by the Scotland Act 1998, and the consequential power in the 1998 Act was then used to amend other references as a consequence. The Government are therefore taking a normal power to make these and other important but technical consequential amendments as they are identified.

Hon. Members will know that transitional, transitory and saving provisions are standard ways to smooth the introduction of change to the statute book. As with clause 9, it is important that we can provide legal certainty to everyone in the UK, from businesses to individual citizens. For example, the Bill removes the UK from the direct jurisdiction of the Luxembourg Court, but the UK will remain a full member of the EU up until the very moment of exit. The power could therefore make specific provision for court cases still before a court on exit day. Again, schedule 8 introduces some of those measures, but Government will need some residual flexibility to ensure that we do not create uncertainty as we leave. I can reassure the Committee that the Government cannot abuse such powers. Case law and an array of legal authorities provide a very narrow scope for the exercise of the powers, which are necessary to ensure that we can enable a process of exit from the EU that promotes maximum certainty. I commend clauses 16 and 17 and schedule 7 to the Committee.

Oral Answers to Questions

Debate between Chris Bryant and Dominic Raab

Tuesday 5th September 2017 Commons Chamber

[Dominic Raab]

I thank the Chair of the Select Committee. We will certainly further consider his Committee’s report into this—[Interruption.] The former Chair of the Select Committee—

[Chris Bryant (Rhondda) (Lab)]

There is no Committee. He’s the Chair, but there is no Committee.

[Dominic Raab]

In due course.

The cost of employment tribunals last year was £68 million. Only £8 million came from fees; the rest was from taxpayers. It is inherently difficult to balance the contribution required by those who use the justice system against the amount that needs to be borne by the taxpayer, and we recognise that we got that balance wrong. We have ended those fees and are looking at practical arrangements to ensure that those affected are reimbursed.

Immigration Bill

Debate between Chris Bryant and Dominic Raab

Thursday 30th January 2014 Commons Chamber

[Mr Raab]

I will just expand on this point. I have quoted the advice that I have received. If anyone thinks that the new clause has been tabled with the aim of flouting UK law or engaging in illegality, as opposed to doing something that might be incompatible with the wider, opaque obligations of the ECHR, they misunderstand the point. It is wrong to say that that is what the Home Office’s advice states, because I deliberately sought its advice.

Even if we face a longer-term claim to Strasbourg that is not based on injunctive relief, the new clause remains faithful to the convention. We must not forget that for a second. Paragraph 2 of article 8 on the right to family life provides a list of grounds for curtailing the right to family life, including law enforcement, crime prevention, public protection and protecting the rights of others, which is what the colleagues from both sides of the House who support the new clause care so deeply about.

[Chris Bryant]

I understood the hon. Gentleman to mean that he had sought the same legal advice as the Home Secretary. The Home Secretary said clearly that the Attorney-General had said that new clause 15 was incompatible with the European convention on human rights, but the hon. Gentleman says that he has seen the same advice and that the new clause is compatible with the convention—or have I got that wrong?

[Mr Raab]

Very briefly, that is not what I was saying. I think that the hon. Gentleman has added one and one and made three. I have received a memo from the Home Office team that sets out the position on rule 39 in relation to article 8 cases. Precisely because of the concerns that are shared across the House, I asked whether we were likely to see a deportation process gummed up by a rule 39 injunction.

[Chris Bryant]

So the Home Secretary is wrong.

[Mr Raab]

I will come to that, but I want to be clear about what the advice is. The advice that I received from officials was that Strasbourg would rarely, if ever, consider a rule 39 injunction in relation to an article 8 case because there is no irreversible harm.

EU Police, Justice and Home Affairs

Debate between Chris Bryant and Dominic Raab

Wednesday 12th June 2013 Commons Chamber

[Chris Bryant (Rhondda) (Lab)]

This has been an interesting debate, although we are absolutely none the wiser about the Government’s policy. I am delighted that the Home Secretary has come back into the Chamber; perhaps she will be able to provide us with some answers later.

Last year the Prime Minister said that he would be exercising the opt-out, then the Deputy Prime Minister disagreed, and then the Home Secretary said that the Government’s current thinking was to opt out. We have therefore tabled an Opposition motion to try to tease out the Government’s position and precisely what they intend to do, because we know that this is a matter of national security. The Under-Secretary of State for the Home Department, the hon. Member for Old Bexley and Sidcup (James Brokenshire), was absolutely right when he said not long ago that we should not be naive about the process of renegotiation if we want to opt out and then opt back in. As he said, the Commission would attach conditions—for instance, it might allow us to join groups of related measures, some of which we like while others we might not.

Our view is that thus far this has been a pretty shabby process. When we tried to enable the House to debate the European arrest warrant during the progress of the Crime and Courts Bill, Government Ministers and Back Benchers talked out the debate so that we never managed to discuss the matter at all. All the relevant Committees in this House and in the House of Lords have complained that they have been given negligible information by the Government. We have been given no clarity of any kind as to what measures they might be considering opting into—not even a clear idea on their final resolution of whether they intend to opt out in general—and we had no clarity today.

We still have no clarity about what kind of votes we are going to have. The Home Secretary trumpeted the fact that last year the Europe Minister, who is in his place, charming chap that he is, said that we would have a vote in both Houses. However, he did not say whether they would be binding votes—just that they would be votes before the Government made their final decision. He did not say whether the votes would be on a list of what we are to opt into and opt out of. He did not say whether they would be on amendable motions. He did not say what would happen if one House voted one way and the other House voted the other.

The truth is that a double tug of war is going on, as we know from The Guardian today. The first is between the two sides of the Government—the Liberal Democrats and the Conservatives. It is great that the man who actually boasts of having invented the poll tax when he worked at No. 10 under Mrs Thatcher is now in charge of these negotiations as the Minister for Government Policy. The other tug of war is between Conservative Members, some of them on the ultra-right and some on the moderate right. Some might be referred to historically as the H-block—the Heaton-Harris and Hannan end of the Conservative party. It reminds me of the Old Testament—two women claim that a baby is theirs and it is only when Solomon says that the baby should be cut in half that one of them owns up. I am worried that the Government’s policy-making process means that they are simply playing a numbers game in which they spin different things to different parts of the media and the end result will be that British security will lose out.

It is all pretty sad, really, because historically the United Kingdom has led and campaigned for greater co-operation on many of these issues in the European Union. It is a simple matter of fact that ease of travel, faster telecommunications and the ability to send money from one country to another much faster mean that no country is hermetically sealed any more. Indeed, as my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) has said, criminality does not stop at the channel. When I first typed out that sentence, it said, “does not stop at the Chanel”, which is rather different.

On joint investigation teams, our advances in recent years and the increased number of such teams mean that we are able to tackle forms of criminality that we were never able to deal with before.

The Association of Chief Police Officers has been mentioned many times. I accept the point made by the hon. Member for Esher and Walton (Mr Raab) that, just because a police officer says something, that does not necessarily mean that we need to put it into law. However, ACPO has pointed out:

“The presence of fugitives from justice fleeing to the UK is a significant public safety issue.”

It stands to reason that if we make it more difficult for people to be extradited from this country by resiling from the European arrest warrant, we will, in effect, open ourselves up to the danger of being a haven for them.

[Mr Raab]

rose—

[Chris Bryant]

I will not give way, because we have very little time left and the hon. Gentleman took up quite a large amount of time himself.

I believe that the European arrest warrant is invaluable. As my hon. Friend the Member for Hackney South and Shoreditch (Meg Hillier) has said, it is invaluable for victims apart from anything else. Without it, ACPO says that

“It is not just foreign criminals who would sit for years in UK jails. UK court cases would stall for many years as we waited to get our fugitives back, robbing their victims of the chance for justice to be served.”

Similarly, the hon. Member for Cambridge (Dr Huppert) referred to the case of Hussain Osman, who planted a bomb on 21 July 2005 which, thank God, did not go off. Within eight days he had been arrested, having gone through Paris to Rome, and by September he was back in this country, thanks to the European arrest warrant. Without it, such a process might take up to 10 years in future. That is precisely the kind of thing that we want to avoid.

We have only to look at the statistics for 2011-12. Sometimes the hon. Member for Esher and Walton—whom I respect enormously in many regards, but not in what he says about this—often suggests that this is all about British citizens being extradited, but the vast majority of people surrendered from and to the UK under the European arrest warrant are not British. In 2011-12, Government statistics show that 922 people were extradited from the UK, just 32 of whom were British nationals. They were not extradited to the kinds of countries referred to by the hon. Gentleman: eight went to Ireland, six to the Netherlands and five each to Spain and France. The flow in the other direction was similar: 17 from Ireland and the Netherlands, and 14 from Spain. Of the extraditions, 50 were for homicide, 20 for rape and 90 for robbery. The thought that we might surrender the European arrest warrant and have no sure knowledge of what would stand in its place must be of serious concern to everybody in the country.

The hon. Member for Daventry (Chris Heaton-Harris), charming though he is, was quite casual about whether there would be an alternative to the European arrest warrant, but all the work of the Lords Committee, the Bar Council and others suggests that we might have to rely on the 1957 convention, which would not solve any single one of the problems with the European arrest warrant that the hon. Member for Esher and Walton referred to. In fact, it would make many of them considerably worse, because it would lead to a longer process and people like Andrew Symeou might end up being imprisoned. Bilateral agreements, for which the hon. Member for South Northamptonshire (Andrea Leadsom) has argued—she is not present, but she leads the charge for many of the more ardent Eurosceptics—would not help either. As my hon. Friend the Member for Hyndburn (Graham Jones) said, there is a danger that we will create a new version of the costa del crime in this country.

There are measures other than the European arrest warrant that we think are vital to our national security. The Schengen information system, the second incarnation of which is not yet fully in place, will mean that every country in the EU will be able to access real-time information on anybody who is of interest to the criminal justice system of any other country at their border and elsewhere. That is an important system and it covers 23 of the measures that we are discussing.

David Anderson QC, the independent reviewer of terrorism legislation, said that SO15 considers many of the measures that we are talking about to be essential in tackling terrorism. The hon. Member for Esher and Walton mentioned one person who made his concerns about the European arrest warrant known to the Baker review. However, I point out to hon. Members who are deeply troubled by the European arrest warrant that the Baker review said clearly:

“we believe that the European arrest warrant scheme has worked reasonably well.”

[Mr Raab]

rose—

[Chris Bryant]

I will still not give way to the hon. Gentleman because hon. Members wish to hear from the Minister.

I will end by making one further point. I know that there are many pragmatic, sensible pro-Europeans on the Government Benches. Sometimes they remind me of Nicodemus in the New Testament, who was only able to visit Jesus at night because he did not want to own up to his Jewish colleagues on the Sanhedrin about his real views. I can see some of those sensible pro-Europeans now and I am tempted to name them—to out them. Of course, there are plenty of Liberal Members who are sometimes sensible. There are also plenty of Conservatives. It is just a shame that they dare not own up to their true views.

I hope that what comes out of this process is a proper consultation with all the Select Committees and a proper list that does not come out only on the day after the end of May 2014—we know that the Home Secretary is not very good at getting her dates right. I hope that we have a proper process whereby everybody in the House can declare their commitment to the systems that work well in the national interest, and that there is an amendable motion for which all Members can vote.

Sergei Magnitsky

Debate between Chris Bryant and Dominic Raab

Wednesday 11th January 2012 Westminster Hall

[Mr Dominic Raab (Esher and Walton) (Con)]

rose—

[Chris Bryant (Rhondda) (Lab)]

rose—

Voting by Prisoners

Debate between Chris Bryant and Dominic Raab

Thursday 10th February 2011 Commons Chamber

[Mr Dominic Raab (Esher and Walton) (Con)]

Thank you, Mr Speaker. I wish to pay my thanks to the Backbench Business Committee, and to pay tribute to my hon. Friend the Member for Kettering (Mr Hollobone), who initiated an earlier debate on the same subject, which was extremely useful.

It is a privilege to wind up this debate after so many excellent speeches from all parts of the House. There have been insightful contributions on the criminal justice aspect on both sides of the debate: my hon. Friend the Member for Witham (Priti Patel) was on suitably robust form and the hon. Member for Carshalton and Wallington (Tom Brake) made an eloquent contribution on the other side of the argument. We have heard compelling arguments about democratic accountability from my hon. Friends the Members for St Albans (Mrs Main) and for Gillingham and Rainham (Rehman Chishti). There were valuable contributions on the history of the convention from my right hon. Friend the Member for Hitchin and Harpenden (Mr Lilley) and my hon. Friend the Member for Aldridge-Brownhills (Mr Shepherd).

I will start even further back. The House will recall that Alfred the Great was notorious for smiting Vikings, but he was not just a bruiser.

[Chris Bryant]

The hon. Member for North East Somerset (Jacob Rees-Mogg) can remember. He was there.

[Mr Raab]

I give way to my hon. Friend.

Fixed-term Parliaments Bill

Debate between Chris Bryant and Dominic Raab

Wednesday 24th November 2010 Commons Chamber

[Chris Bryant]

You would rule me out of order, Mr Amess, if I debated whether there should be confirmation hearings for all Ministers and related matters. I understand why some might say that my amendment could be improved upon by including a third category of no confidence motion—one relating to the tabling of an amendment to the Loyal Address at the beginning of a new Parliament. To those who think that way, I say that it would be better to carry the amendment today so that we improve the legislation and then move further forward to suggest amendments to amplify that provision on Report.

With that, I conclude. I shall want to press amendment 25. If you took the view that we could divide on that amendment later, Mr Amess, I would be grateful.

[Mr Dominic Raab (Esher and Walton) (Con)]

This is my first opportunity to speak on the Bill. Before I deal with the specific clause and amendments, I want to say that I generally support the idea of having fixed-term Parliaments because it will promote the basic concept of electoral fairness, end some of the deal-making and lack of scrutiny we have seen inherent in the wash-up procedures, improve electoral planning for the Electoral Commission and avoid some of the return to hype and confusion that we saw dominate the last three years of the previous Parliament.

In one area, however, I have to reserve my unequivocal support. That concerns the consequences of a successful vote of no confidence in a Government. It must be right for such votes to continue to be decided by a simple majority. If a Government cannot command the support of a simple majority of elected representatives, they should fall. I welcome the Government’s withdrawal of the qualified majority provision that was previously under consideration. However, clause 2(2)(b) sets out a novel and rather anomalous parliamentary procedure.

Reference has been made to this country’s practice, which is that a successful mid-term vote of no confidence leads to an immediate election. In the last century, there were just two examples of that, both of which led to the announcement of Dissolution the following day. The exception—I stand to be corrected if I am wrong—was after the election of December 1923, which the hon. Member for Rhondda (Chris Bryant) mentioned. A minority Conservative Government led by Stanley Baldwin switched to a minority Labour Government led by Ramsay MacDonald. However, that took place immediately after an election, so it arguably reflected rather than ignored the shifting will of the electorate.

Practice therefore shows that this convention is reasonably clear, yet clause 2(2)(b) undoes it. It provides a window of up to 14 days after a no confidence vote before a general election must be called. I stand to be corrected again and ask the Minister for some clarification, but the aim appears to be to allow the formation of an alternative Government without an election. The mechanism appears almost explicitly designed to facilitate a third party leaving a coalition in order to form an entirely new Government of an entirely different character—mid-term and without seeking a democratic mandate for such a profound change. I see no sound reason or any good justification for such an inherently undemocratic device—even one formulated in permissive terms. I see only the risk of this clause being used for political expediency, sidestepping the democratic process.

It might be said that the existing arrangements already allow for this to happen, but they do not encourage it and they do not institutionalise it. At best, this provision is unnecessary; at worst, it is undemocratic. I would therefore be grateful for some further explanation and clarification from Ministers of the explicit purpose of this window— and, indeed, of why it is necessary at all.

[Mrs Laing]

Amendments 36 and 37 were also submitted by the Political and Constitutional Reform Committee. I am pleased to say that, unlike the last group of amendments, these are amendments with which I agree. I apologise again on behalf of the Chairman of the Committee, the hon. Member for Nottingham North (Mr Allen), who would have liked to be here to speak on the Committee’s behalf. I am pleased that other Select Committee members are present, along with other hon. Members who have supported the amendments.

The purpose of amendments 36 and 37 is to improve the Bill and help the Government to clarify a very important issue. There cannot be anything more important than knowing when the House is facing a motion of confidence in the Government and when it is not. This is not a matter that ought to be left open to speculation. When we face a confidence motion we need to know that it is a confidence motion, and—as has been said by Members on both sides of the Committee—it should not be used by the Whips as a tool to coerce people to vote for a particular issue lest their Government fall if the vote be lost. A motion of confidence is not a tool of the Whips; it is a very important convention of our constitution.

Amendment 36 is designed to address the Select Committee’s finding in our pre-legislative scrutiny report that, under the Bill,

“the requirement that the House would need to show that it had confidence in any alternative government within fourteen days to avoid an early general election could be made impossible if the Government ensured that the House was adjourned or prorogued for any substantial length of time.”

The amendment would prevent the incumbent Government from using the prerogative power of prorogation to frustrate the formation of an alternative Government, which they could do under the Bill as it is currently drafted. At present, the Government could get around the provisions in clause 2 by simply proroguing Parliament.