United Kingdom Internal Market Bill

Debate between Colum Eastwood and Kirsten Oswald

Monday 21st September 2020 Commons Chamber

[Kirsten Oswald]

I thank the hon. Member for that intervention. The short answer is no. Regrettably, I do not believe the Prime Minister, on this or other matters.

The Prime Minister said at that point:

“We have to protect the U.K. from that disaster”:

a disaster—and that is his word, not mine—that was negotiated by him and the same adviser as he has now. The Prime Minister visited Northern Ireland last month and talked of close co-operation between central and devolved Governments, but in the least surprising news of the day, certainly to viewers in Scotland, he did not engage with anyone outside Westminster in the development of his Bill. He excluded all of the devolved Administrations from the process of developing a so-called single market through the United Kingdom—plus ça change. Despite the clear relationship between this Bill and the peace process, as well as not engaging with the Northern Irish Executive, the Prime Minister failed to engage with the Irish Government. Despite the clear importance of doing so, he just breenged on regardless. We know why there was no engagement. It is because this shabby Bill—his shabby Bill—had to be put together out of sight of people that the Prime Minister could not control, people with respect for the rule of law and for accountability.

The SNP amendments would ensure that this Parliament would receive an assessment of the impact of any future action on these matters on the UK Government’s obligations under international law—a proper assessment, not the usual triumph of blustering bombast over good judgment by the Prime Minister. The people of Northern Ireland deserve better from the Conservative party, and our amendments recognise that. How can businesses and communities plan with any confidence when their future depends on the internal battles of a party that shows such scant regard for the rule of law?

[Colum Eastwood]

There has been a lot of talk in recent weeks about consent. The hon. Member rightly says that the devolved Administrations were not spoken to at all about this Bill. With all the talk about consent, it might be useful for the House to know that the Northern Ireland Assembly has just voted in favour of the withdrawal agreement—in favour of sticking to the agreement that the British Government have made with the European Union, and that includes the Northern Ireland protocol. It is the voice of Northern Ireland and it is saying very clearly that this Bill is wrong.

[Kirsten Oswald]

I thank my hon. Friend that intervention. That is a key point for us. How can anyone trust a Government who do not stand behind the agreements they negotiate—a Government who cannot even agree with themselves?

The Prime Minister’s approach has led to several senior legal figures making a sharp exit. Sir Jonathan Jones, the head of the Government’s legal department; Lord Keen, the UK Government’s most senior adviser on Scots law; and David Melding, Shadow Counsel General in the Welsh Senedd, have all walked away. We have heard about Lord Keen’s letter of resignation, but it was particularly telling in respect of the matters that are before us today. He said:

“I have endeavoured to identify a respectable argument for the provisions at clauses 42 to 45 of the bill, but it is now clear that this will not meet your policy intentions.”

That is a damning condemnation from a former chair of the Conservative party in Scotland. No Member representing a Scottish constituency can defend these clauses—or, in fact, this Bill—and expect to be taken seriously when they claim to stand up for Scotland in this place.

We have also heard that the Sir Declan Morgan, the Lord Chief Justice—Northern Ireland’s top judge—warned that when Governments break international law, that

“might undermine…the administration of justice.”

That should concern us all. Even the hon. Member for Gillingham and Rainham (Rehman Chishti), who is a barrister, felt the need to resign as the Prime Minister’s special envoy on freedom of religion. These are telling actions and words that should give the Prime Minister pause for thought and reflection. This Bill is a grubby power grab that we cannot and will not support, and this part, as it stands, hangs like a badge of dishonour around this Prime Minister’s term of office—however long or short that might be.

Unfortunately, the Prime Minister’s approach is being propped up by those with somewhat flexible standards. The Attorney General’s take could most charitably be described as mince, and the Lord Chancellor says he will resign only if the Government break the rule of law in a way that is “unacceptable”, which obviously, for a Law Officer, prompts the question: what is an acceptable way to break the law?

What of the effect of the Bill on the UK and Northern Ireland? In October last year, when he was still trying to convince us that he had negotiated a great deal, the Prime Minister said of his withdrawal agreement Bill:

“For those who share my belief in the transformative power of free trade…a new deal, enabled by this Bill, will allow us to sign free trade agreements around the world.”—[Official Report, 22 October 2019; Vol. 666, c. 830.]

By using this Bill to trash that deal, the Prime Minister has again exposed the ethical vacuum at the heart of his Government and undermined trust around the world—and all the time he has singularly failed to deliver what is needed by Northern Ireland. As Professor Katy Hayward of Queen’s University Belfast put it,

“the one thing most hoped for from this bill—certainty—has become an even more distant prospect.”