Bill of Rights

Debate between Dominic Raab and John Redwood

Wednesday 22nd June 2022 Commons Chamber

[The Deputy Prime Minister]

I enjoy engaging with the hon. Gentleman, but he is simply wrong. We have had the biggest increase for over a decade in the spending review, so he is simply wrong on the facts, but I am happy to write to him on that.

On lawyers, of course different lawyers will take different views, but I do not think there are any greater authorities than Lord Sumption, the former justice of the Supreme Court, or Jonathan Fisher QC— [Interruption.] He is shaking his head, but he has just asked me to point him in the direction of some lawyers and I am giving him the most authoritative ones that have recently written on this subject. Jonathan Fisher has written about this today, and there is also John Larkin, the former Attorney General for Northern Ireland. If the hon. Gentleman peruses those opinions and that recent commentary, he might get the reassurance and clarity he needs.

[John Redwood (Wokingham) (Con)]

This Parliament is the main guarantor of our rights and liberties; it created them in battles over many centuries for the benefit of us all. Would not this great role be strengthened if our Supreme Court were indeed supreme and not answerable to foreign courts that do not understand the mood of the British people and what they expect of their legislators?

[The Deputy Prime Minister]

My right hon. Friend is absolutely correct. I know that when he gets a chance to peruse the proposals, he will find those principles and that spirit reflected in the Bill of Rights, and I look forward to discussing these matters with him further.

Afghanistan: FCDO Update

Debate between Dominic Raab and John Redwood

Monday 6th September 2021 Commons Chamber

[Dominic Raab]

I thank the hon. Lady for the work that she and the APPG are doing. She raises a really important point. It is a practical point, but one that will only exacerbate people’s fear and anxiety, particularly if they are disabled or from an ethnic minority, as she described. I urge her to send me and the Home Secretary any papers or recommendations that the APPG has.

[John Redwood (Wokingham) (Con)]

Given the way in which the Taliban have taken a lot of NATO equipment to strengthen their hold on the country, how could we send aid in without the Taliban using or abusing it for their own purposes?

[Dominic Raab]

We will not give aid to the Taliban. The Taliban have a choice and a set of decisions that they have to make about whether they want to preside over the wholesale economic and social collapse of the fabric of the country. If not, they will have to give certain assurances. I think that will particularly apply to the permissive environment we would need for aid agencies in order to continue our aid. Again, that falls within the category of early tests for the Taliban, which is why we will engage with them without recognising them.

China

Debate between Dominic Raab and John Redwood

Monday 20th July 2020 Commons Chamber

[Dominic Raab]

I share the hon. Lady’s horror and shock at the appalling human rights abuses in Xinjiang and more broadly. Of course, we carefully assess not just individual investment decisions but the integrity and resilience of the processes, and we keep that under constant review.

[John Redwood (Wokingham) (Con)]

Could we make a study of essential technologies where dependence on China would leave us very vulnerable and then have a strategy for developing those at home or with our allies?

[Dominic Raab]

My right hon. Friend is right, particularly in relation to 5G, but there are the other areas, and that is exactly what we are doing.

Global Britain

Debate between Dominic Raab and John Redwood

Monday 3rd February 2020 Commons Chamber

[Dominic Raab]

I do not share the hon Gentleman’s pessimistic outlook, but it is important that all areas of civil society, including the unions, are engaged and can feed in their views on all the different sectoral aspects he mentioned. The hon. Gentleman talked in particular about aviation; we believe that there is mutual benefit in an air-transport agreement that covers market access to air services, aviation safety and security. That is just one of the wider areas of co-operation that we will look to take forward with our EU partners.

[John Redwood (Wokingham) (Con)]

Will the Government confirm that the European Union has misjudged the mettle of this Government and country in thinking that we are going to give away our fish again and accept all the EU’s laws in return for a free trade agreement that it needs more than us? I congratulate my right hon. Friend on his statement, and say no more concessions.

[Dominic Raab]

I think I agree with all my right hon. Friend’s points. We were asked by the EU to make a choice and we have chosen a Canada-style agreement. It seems to many of us that the EU would like to cherry-pick by giving us the level of access of a Canada-style agreement while wanting the level of alignment of a Norwegian-style agreement. That is not on the table.

European Union (Withdrawal) (No. 2) Act 2019 (Rule of Law)

Debate between Dominic Raab and John Redwood

Monday 9th September 2019 Commons Chamber

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

It is a great pleasure to wind up this debate, and I pay tribute to the interesting points that have been made on both sides of the House.

This Government will always respect the rule of law. That has consistently been our clear position and, frankly, it is outrageous that it is even in doubt. Of course, how the rule of law will be respected is normally straightforward, but sometimes it can be more complex because there are conflicting laws or competing legal advice. The Government usually get their interpretation right, but there have been many judicial reviews down the years, under many different Governments of different complexions. The Government cannot and would not wish to prevent that. Indeed, judicial review is part and parcel of the rule of law.

When, on occasion, the Government have lost a case on one or more contentious grounds—this has been true under successive Governments—of course they must correct their position accordingly and expeditiously.

I am a lawyer by training, I have served twice in the Ministry of Justice and I can reassure hon. Members that I take this duty to respect the rule of law particularly seriously. At the same time, it is true to say that the country is appalled by what it is seeing in Parliament, not for the reasons given by the hon. Member for Birmingham, Selly Oak (Steve McCabe), but because hon. Members voted for a referendum and promised repeatedly to respect the result, and yet now people see that the Leader of the Opposition and others have repeatedly tried to frustrate Brexit. The right hon. Gentleman has now made it clear that that is Labour party policy. The ballot paper in 2016 did not say, “Leave, if and only if Brussels agrees a deal”; it did not require us to seek permission from Brussels before departure. and it did not give the EU a veto over Brexit.

The Prime Minister and this Government have been working hard for a good deal—the Prime Minister has been at it again in Dublin today—but it must be an acceptable deal that Parliament can pass. We will continue that effort. But respecting the referendum must also mean that this House allows us to leave without a deal if Brussels leaves no other credible choice. Three years of experience, to date, demonstrates that taking that option off the table severely weakened our negotiating position in Brussels, yet last week this House voted for another delay, and in doing so it further weakened our position at a critical juncture in these negotiations, a point made powerfully and eloquently by my right hon. Friend the Member for Wokingham (John Redwood).

So we are now in dangerous territory. Across the country, millions of voters are concluding that Parliament is refusing to allow Brexit to happen, because some MPs just do not like it and because some politicians think the voters got it wrong in 2016—that was the thrust of the comments made by the right hon. Member for Ross, Skye and Lochaber (Ian Blackford).

[John Redwood]

Would my right hon. Friend like to comment on the way in which the Commons swept aside the idea that support is needed for the big financial consequences of this legislation—there was no money resolution—and swept away Queen’s consent, which is normally needed when encroaching on negotiations of an international treaty?

[Dominic Raab]

I thank my right hon. Friend for that. Of course, all the normal checks and balances that would apply if the Government were bringing forward a piece of legislation cannot apply—almost by definition—as a result of the way this was done. It has been done swiftly, without the normal scrutiny, and as a result it is a flawed piece of legislation and rightly dubbed the surrender Bill, because of its impact on our negotiations in Brussels.

Leaving the EU: Meaningful Vote

Debate between Dominic Raab and John Redwood

Monday 22nd October 2018 Commons Chamber

[Dominic Raab]

I can assure the hon. Gentleman that, as set out in the memorandum we sent to the Procedure Committee, which has been published, there will be a substantive and amendable motion. I do not think that any hon. Member, on either side of the House, would table a meaningless amendment, so I reject the premise of the question in that regard.

[John Redwood (Wokingham) (Con)]

Will the Secretary of State confirm that no motion of this House can overturn the two Acts of Parliament on withdrawal or the article 50 letter, which all say we are leaving on 29 March next year, and that the Government are not minded to repeal those Acts?

[Dominic Raab]

My right hon. Friend is right on both counts. None the less, on the meaningful vote, the motion will be substantive and amendable, and it will be for you, Mr Speaker, to decide on the scope and acceptability of those amendments.

EU Exit Negotiations

Debate between Dominic Raab and John Redwood

Tuesday 9th October 2018 Commons Chamber

[Dominic Raab]

We have been very clear that the arrangement needs to be time-limited. We would not accept an arrangement that drew a customs border down the Irish sea. It needs to be limited so that we can bridge to the future relationship, which would give us all the advantages of free trade that we want to take advantage of, including export opportunities from Latin America to Asia, and the reduction of the cost of living here at home.

[John Redwood (Wokingham) (Con)]

Will my right hon. Friend confirm that if we just leave without signing a penal and one-sided withdrawal agreement, we will have £39 billion to spend on our priorities, which would be a huge boost to our economy and public services—a true Brexit bonus? How can an agreement be better than that?

[Dominic Raab]

My right hon. Friend is certainly right to point to the countervailing opportunities that a no deal scenario would have, but it is only responsible to be very clear—as we have in our 77 technical notices and our wider planning—that the no deal outcome is sub-optimal because there are risks and short-term disruptions, including a buffeting to the UK economy and all those other things. I am confident that we could get through that, but it is by far and away a superior outcome to get a good deal with the EU that is good for the UK and for the EU, that preserves our trade and security co-operation, and that at the same time liberates us to trade more energetically with the growth markets of the world.

Brexit Negotiations and No Deal Contingency Planning

Debate between Dominic Raab and John Redwood

Tuesday 4th September 2018 Commons Chamber

[Dominic Raab]

I thank the right hon. and learned Gentleman for his reply and some of the constructive tone in it. On timing, both I and Michel Barnier repeated on Friday that we were aiming for the October Council but recognised that there would be some margin of leeway, as is often the case with negotiations.

The right hon. and learned Gentleman has asked me at various points to comment on the newspaper commentary throughout the summer. Actually, I have been focused on the negotiation and getting the best deal for Britain.

On the negotiations themselves, may I just reassure the right hon. and learned Gentleman that progress is real on data sharing, criminal justice co-operation, passenger name record and Prüm data, and continuing fast-track extradition co-operation, which Michel Barnier and I talked about on Friday? Those are the areas one might think a former Director of Public Prosecutions would attach serious weight to, but there was not one mention of them at all.

On the outstanding separation issues, including data protection and cases going through administrative and judicial procedures when we leave, I would have thought that the right hon. and learned Gentleman might at least have paused to welcome some of the progress in those areas.

That is what the Government have been doing over the summer: making progress towards a deal that is within our sights. As for the right hon. and learned Gentleman, well, last week he said that Labour’s position is that a second referendum is “on the table”. I have to say that it is rare that I agree with the shadow Trade Secretary, who said that a second referendum would be “damaging” to the foundations of this country, but I think, in democratic terms, he is right about that.

I am afraid that that shows how frankly useless the Labour party would be, if it were ever in charge of Government, in terms of standing up for the United Kingdom in these negotiations. Nothing could be calibrated to weaken the UK’s negotiating position more than dangling the prospect of a second referendum, which would only invite the very worst terms.

On the technical notices, we are doing the responsible thing that any responsible Government would need to do: striving for the very best deal but preparing for all outcomes. The right hon. and learned Gentleman has not actually asked me a single question of substance about any one of the 25 notices that we have published.

In relation to Northern Ireland, he clearly has not read the technical notices, because they were referred to at various points where they are applicable and relevant to the individual sectoral notices. Again, I am afraid that the Labour party is demonstrating that it is not fit to govern. We have the leader of the Labour party admitting in an interview on LBC that he would accept any deal, however bad its terms, and the shadow Chancellor explaining that he would not set aside any money to deal with the worst-case scenario of a no deal Brexit. Yet again, I am afraid that the Labour party has shown that it would roll over in Brussels and fail to stand up for this country.

[John Redwood (Wokingham) (Con)]

Will the Secretary of State confirm that the UK has absolutely no plans to impose new barriers and bureaucratic complications against German pharmaceuticals, French food and other such products in the event of us leaving and trading under World Trade Organisation terms?

[Dominic Raab]

My right hon. Friend will know from the technical notices that we would prioritise continuity and stability, to make sure that in some of those areas he has raised we could continue to receive those goods and supplies into the UK.

Future Relationship Between the UK and the EU

Debate between Dominic Raab and John Redwood

Wednesday 18th July 2018 Commons Chamber

[Dominic Raab]

The hon. Gentleman is being far too kind, but I appreciate it. I have already met business leaders, from the Federation of Small Businesses to the CBI. The devil will of course be in the detail as we negotiate, but we have received a positive and constructive response. I will be meeting more business leaders on Friday, so perhaps next week I can fill him in further. I think it is widely understood that we have a principled but pragmatic and flexible approach that will preserve frictionless trade. The key advantage of the model we have is that it protects the UK-EU supply and value chains, and the businesses he refers to that rely on them. As well as supporting business, the approach would meet our shared commitments to Northern Ireland and Ireland in a way that respects the autonomy of the EU without harming the UK’s constitutional and economic integrity.

[John Redwood (Wokingham) (Con)]

Will my right hon. Friend confirm that a very large number of components and materials come into this country from non-EU sources every day and fuel just-in-time systems alongside things from within the EU, proving that there is not a border issue about running just-in-time without being within the EU ring fence?

[Dominic Raab]

I understand the point my right hon. Friend makes. What we are trying to do, and what I think this model does achieve, is to make sure that any potential disruption to businesses through the supply chains is minimised to the lowest degree. That is the aim, but I do understand the point he makes.

Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill

Debate between Dominic Raab and John Redwood

2nd reading: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Monday 23rd April 2018 Commons Chamber

[The Minister for Housing (Dominic Raab)]

I beg to move, That the Bill be now read a Second Time.

The Bill takes forward two important measures to promote fairness derived from the autumn Budget: fairness for hard-pressed businesses that face an unjustified tax hike because of the so-called staircase tax; and fairness for the families, young people and many others who see properties lying empty while they struggle to find somewhere to live. On the first issue, we are determined to support the occupiers of business premises in multiple occupation and to ensure that they do not face unfair penalties. For more than 50 years, businesses that operated in adjoining units or rooms accessed from a common corridor staircase received one rates bill. That applied, for example, if a business occupied three consecutive floors in an office block or if a business occupied two rooms separated, let us say, only by a wall.

The rule was widely understood and accepted among all ratepayers, rating professionals and the Valuation Office Agency. No one was looking to change that approach. However, as a consequence of a Supreme Court decision in 2015 concerning an office block occupied by the accountancy firm Mazars, the situation was put in some doubt. After considering the Supreme Court judgment, the Valuation Office Agency concluded that it had to change its long-standing practice. As a result, each unit of property accessed from common parts has to have its own rating assessment, regardless of whether the properties are adjoining or associated with the same business. So, for an office block housing more than one business, each floor will now typically need to have its own rating assessment, even if successive floors are occupied by the same business.

We are not criticising the Supreme Court for reaching that judgment or the Valuation Office Agency for changing its practice as a result, but we have monitored the impact of the changes and it is clear that they have had troubling and damaging implications for ratepayers. First, moving from rating assessments that cover several floors to individual floors has increased some rateable values and rates bills, even when there has been no change to the property or locality. That is because the rateable value per metre squared is sometimes lower for larger properties, reflecting the normal practice in the market whereby landlords will offer discounts on rents for occupiers willing to take more space. This left some ratepayers suddenly facing a backdated increase in their overall rates bill.

Secondly, some businesses have lost small business rate relief as a consequence of the changes. That is not what we wanted to see, given its role in supporting the small independent businesses that are vital contributors to local economies and communities. As hon. Members will be aware, small business rate relief is a generous measure providing relief for ratepayers of property up to £15,000 in rateable value, and as a result more than 600,000 small businesses, occupiers of a third of all properties, pay no business rates at all. It is targeted at ratepayers with only one property and one rates bill to ensure that it benefits small independent businesses, which are very much the lifeblood of our local economy.

As a result of the change in practice that has seen some single rating assessments split in two, some ratepayers who were previously eligible for small business rate relief have lost some or, in some instances, all, of that relief. We understand that the number of small businesses affected by the loss of relief is relatively low, at fewer than 1,000, but that is still about 1,000 too many.

These businesses already pay their fair share. They deserve our support and this Bill will make sure that they get it. That is why we have decided to restore the previous practice of the Valuation Office Agency under clause 1. This will again see adjoining properties that are part of the same business receiving one rating assessment and paying one rates bill. We have decided to do this retrospectively. It is important that we get the process right, so we carried out a technical consultation on draft provisions over eight weeks after Christmas, supported by workshops held by my officials with the ratings sector. Indeed, there were meetings with expert valuation surveyors, too.

The Minister for Local Government, my hon. Friend the Member for Richmond (Yorks) (Rishi Sunak), answered detailed questions from the Chair of the Select Committee. I am pleased to say that a good response to the consultation has helped us to improve some of the draft provisions. We published a summary of those responses and an explanation of the improvements on the Ministry’s website. I want to take this opportunity to express my appreciation on behalf of my Department and the Valuation Office Agency for the help we received from the Rating Surveyors’ Association, the Royal Institution of Chartered Surveyors and the Institute of Revenues Rating and Valuation in this work. It is probably worth saying that the Federation of Small Businesses supports the measure, too. As a result of this work, I am confident that the provisions we are introducing in clause 1 are technically sound and meet the Government’s aims, and that they will be welcomed not just by ratepayers but by everyone who wants to see British businesses thriving, especially small businesses and those on our precious high streets.

We are also determined to deliver a fairer deal for the many people who want and need decent, secure and affordable homes. We are straining every sinew to build more homes. Last year, we saw 217,000 new homes delivered, the highest number in all but one of the past 30 years.

[John Redwood (Wokingham) (Con)]

I am a strong supporter of what the Minister is trying to do but, on the question of a more penal tax on empty properties, will he assure me that, if a property is empty pending permissions for subdivision or improvement to get it into a better state so that it can be enjoyed as a home, there will be some flexibility so that people are not being taxed while they are trying to do that work?

[Dominic Raab]

My right hon. Friend is absolutely right, and that is precisely why we have a minimum period of two years, to ensure that we strike the right balance and encourage the use of existing resources in our housing stock without penalising those who want to get their housing stock on to the market but are taking a bit of time to do so, for whatever reason—perhaps because of renovations or the challenges of the local market.

European Union (Withdrawal) Bill

Debate between Dominic Raab and John Redwood

Committee: 3rd sitting: House of Commons
Tuesday 21st November 2017 Commons Chamber

[Dominic Raab]

My right hon. and learned Friend’s intervention was not in quite the spirit in which we have conducted our proceedings so far, but I shall try to address his underlying concern, and I shall be happy to take another intervention from him shortly if he thinks that I have still not addressed it. He is a demanding customer, but I shall keep on trying.

[John Redwood]

Will my hon. Friend give way?

[Dominic Raab]

I am going to make a bit of progress, but I will give way shortly.

Let me, again, be clear about what the Bill does. It takes a snapshot of substantive EU law, including the underlying fundamental rights and principles at the point of exit. It converts those into UK law, where they will sit alongside the Human Rights Act and other UK legislation on human rights. That is a crucial point. As my right hon. and learned Friend the Member for Beaconsfield rather perceptively asked during debates on the Lisbon Treaty in 2008,

“Will the Lord Chancellor confirm that every country that is a member of the European Union is also a signatory of the European Convention on Human Rights? Indeed, I believe that every single one has incorporated it. In view of that, what is the purpose of the charter of fundamental rights?”—[Official Report, 5 February 2008; Vol. 471, c. 804.]

During the same debate, my right hon. and learned Friend made the point, far better than I can—and I say this with all due deference—that the risk of adopting the charter was that it would, at least potentially, run into conflict with domestic human rights law, thereby creating at least the potential for legal confusion. This is the point that I want to make to my right hon. and learned Friend the Member for Rushcliffe. If we incorporated or implemented the charter, we would in effect be triplicating human rights standards in UK law, opening up wide scope for uncertainty. My right hon. and learned Friend the Member for Beaconsfield was right about that then, and I think he is right about it now.

[Dominic Raab]

As we leave the European Union, it will make no sense to retain the institutional framework of membership. What we will do is retain, in the way that I have described very carefully, the substantive rights that were codified in the charter. If, when we publish the memorandum, the hon. and learned Lady, or any Member on either side of the House, thinks that there is a gaping gap, we will be able to address that.

[John Redwood]

Will the Minister confirm that the evolution of our rights through history shows that the best way in which they are created and defended is through the democratic instincts of the British people, and that they then trust this Parliament to make sure that those rights are fully entrenched? As the Minister has assured those rights, I really do not see what the problem is. What is the threat to those rights? We have a free Parliament representing a free people.

[Dominic Raab]

I suppose the theory is that a majoritarian dominance—a Government with a huge majority—would trample on rights and rattle legislation through the House of Commons, as the last Labour Government did with identity cards and proposals for 90 days’ detention without charge. We saw most of that off.