Northern Ireland Protocol Bill

Debate between Elizabeth Truss and Hilary Benn

2nd reading
Monday 27th June 2022 Commons Chamber

[Elizabeth Truss]

The hon. Gentleman makes a very good point. Those who advocate further negotiation with the EU need to persuade the EU to change its negotiating mandate so the text of the protocol can change, because we know that those specific issues, including on the customs bureaucracy and VAT, can only be addressed by addressing the text of the protocol itself.

I want to come on to the specific point the hon. Gentleman made about article 16. Of course we have looked at triggering article 16 to deal with this issue; however, we came to the conclusion that it would not resolve the fundamental issues in the protocol. It is only a temporary measure and it would only treat some of the symptoms without fixing the root cause of the problems, which are baked into the protocol text itself. It could also lead to attrition and litigation with the EU while not delivering sufficient change.

I want to be clear: we do not rule out using article 16 further down the line if the circumstances demand it, but in order to fix the very real problems in Northern Ireland and get the political institutions back up and running, the only solution that is effective and provides a comprehensive and durable solution is this Bill.

[Hilary Benn (Leeds Central) (Lab)]

I suspect that when the Foreign Secretary was campaigning for Britain to remain in the European Union, she never in a million years thought she would be standing here proposing a Bill of this sort. In light of the comment she just made about article 16, why are the Government not proposing to use the legal method to raise these questions with the European Union through the treaty they signed, rather than claiming necessity? The Foreign Secretary has yet to give me a single example where the British Government have claimed necessity for abrogating a treaty they have negotiated and signed.

[Elizabeth Truss]

The reason why I am putting the Bill forward is that I am a patriot, and I am a democrat. Our No. 1 priority is protecting peace and political stability in Northern Ireland and protecting the Belfast/Good Friday agreement. Nothing that the right hon. Gentleman has suggested will achieve that end.

Oral Answers to Questions

Debate between Elizabeth Truss and Hilary Benn

Tuesday 21st June 2022 Commons Chamber

[The Secretary of State for Foreign, Commonwealth and Development Affairs (Elizabeth Truss)]

We have been clear with the EU that the Northern Ireland protocol needs to change in order to uphold the Belfast/Good Friday agreement, ensure that we have a free flow of goods from east to west, and protect the north-south relationship. Our preference is for a negotiated solution, but in the absence of the EU being willing to change the protocol, we are pressing ahead with legislation.

[Hilary Benn]

I am grateful for that reply, but on the Northern Ireland Protocol Bill—which, we note with interest, has not yet found a date for its Second Reading—is there any precedent where the United Kingdom has cited the legal concept of necessity for overriding a treaty that it has freely entered into? We should bear in mind that in this case not only did the Government negotiate and sign the Northern Ireland protocol, but the Prime Minister at the time described it as being

“in perfect conformity with the Good Friday agreement”—[Official Report, 19 October 2019; Vol. 666, c. 583.]

[Elizabeth Truss]

We are clear that our legislation is both necessary and lawful, and have published a Government legal statement laying out exactly why that is. Our priority as the United Kingdom Government is the Belfast/Good Friday agreement, and we know that the Northern Ireland protocol is undermining that agreement. We have not seen the institutions in Northern Ireland functioning since February, and we know that the issues caused are baked into the protocol—namely the customs provisions and the VAT provisions—so we do need to change that.

As I have said, we remain open to negotiations with the EU. That is our preferred course, but they have to be willing to change the issues that are causing real problems for the people of Northern Ireland.

Northern Ireland Protocol

Debate between Elizabeth Truss and Hilary Benn

Tuesday 17th May 2022 Commons Chamber

[Elizabeth Truss]

My right hon. Friend is right to point out the very real issues the protocol is causing, particularly on SPS rules, and particularly in respect of goods that there is no plan to transport to the Republic of Ireland. She is right that our proposals will ensure those goods are able to travel freely through the green lane into Northern Ireland as part of a trusted trader scheme. For any company violating that scheme and not following the rules, there will be enforcement, so that we make sure we protect the EU single market. This is a pragmatic solution. We are supplying commercial data to the EU in real time, so that it can manage the EU single market while we protect our UK single market.

[Hilary Benn (Leeds Central) (Lab)]

I agree that the Commission needs to move further to reduce unnecessary checks and paperwork on goods moving between Great Britain and Northern Ireland; a sandwich made in Yorkshire and sold in Belfast presents no threat whatsoever to the integrity of the European Union single market. However, why does the Foreign Secretary think that threatening to change an international treaty unilaterally—I look forward to seeing the description of why that is legal—will encourage the Commission to change its approach, especially when it is likely to undermine trust further, and may result in trade retaliation, which is not in the interests of any of our constituents?

[Elizabeth Truss]

The right hon. Gentleman points out that we need more flexibility from the EU, and need a changed mandate. His point about sandwiches from Yorkshire cannot be addressed through the operation of the protocol; the protocol itself needs to be changed. I have had six months of discussions with Maroš Šefčovič—my predecessor had a year of discussions—and there still has not been agreement from the EU on changing the protocol, which would fix the issues the right hon. Gentleman raised. We have seen the Belfast/Good Friday agreement undermined; we have seen the balance upset in Northern Ireland; and we have not seen the Executive fully functioning since February. In the absence of being able to achieve a negotiated solution with the EU, we are bringing forward legislation, but I am very clear that I am hopeful that the EU will change its position and be prepared to enter negotiations on that, in order to fix the very real issues that the right hon. Gentleman mentioned.

On the response from the EU, I point out that our solution makes the EU no worse off. We have proposals to protect the single market and to ensure enforcement of the green and red lanes. I hope that it looks at our proposals in a reasonable way, just as we are putting them forward in a reasonable way, and that we can work together on a solution.

Iran Detainees

Debate between Elizabeth Truss and Hilary Benn

Wednesday 16th March 2022 Commons Chamber

[Elizabeth Truss]

Minister Badr and the Omani Government have been incredibly helpful in assisting us with this issue and I want to pay tribute. They flew the detainees out to Muscat. I have been in regular touch with Minister Badr since I first met him in December last year and they have been instrumental in making this happen. They are true friends of the United Kingdom. My right hon. Friend is right in what he says about dual nationals, but fundamentally we need to change the incentives on the system so people can travel freely without fear of unfair detainment.

[Hilary Benn (Leeds Central) (Lab)]

May I join other Members in thanking the Foreign Secretary, her officials, my two hon. Friends the Members for Lewisham East (Janet Daby) and for Hampstead and Kilburn (Tulip Siddiq), and everyone who has brought this wonderful day to pass, made all the sweeter by the smiles we see looking down on us from the Gallery? The Foreign Secretary said that the debt was paid in parallel, but we all know that for the Government of Iran it was always sequential. Given what she said about the work she is doing with other G7 members, including Canada, to try to deal with this, what practical steps is she hoping to secure through that to ensure that in future it is much, much more difficult for Governments to engage in hostage-taking for political purposes?

[Elizabeth Truss]

The right hon. Gentleman is right that we need to change the practice of countries detaining other countries’ nationals unfairly. That is precisely what we are working on with our Canadian counterparts and others, but we need to act in concert to change the system and change the reactions we give overall. I cannot say more at this stage, but I hope to be able to say more soon.

Oral Answers to Questions

Debate between Elizabeth Truss and Hilary Benn

Tuesday 8th March 2022 Commons Chamber

[Elizabeth Truss]

The hon. Gentleman is absolutely right about the importance of the BBC in communicating to the Russian people. The fact is that they have been lied to for years through disinformation via state TV, and we are now seeing Putin taking even more repressive measures to stop social media. One factor of this crisis is that young people in Russia are less likely to believe the regime because they have had access to social media. Putin is now trying to cut that off. We are working with social media companies to see what we can do. We have established a cross-Government information unit to communicate with the Russian people directly in the Russian language. Moreover, one impact of sanctions—and a reason why we have targeted banks—is that they send a message to the Russian people when they are forced to queue for money, when they cannot get on the tube, or when they cannot access the normal services that they have been accessing. I welcome the actions of corporates in Britain to withdraw their services from Russia. The message must get across to the Russian people that this appalling war is being fought in their name.

[Hilary Benn (Leeds Central) (Lab)]

On the referral to the International Criminal Court, what more can be done to assist in the collection and preservation of evidence, including forensic evidence, of potential war crimes? I ask the question because, if that evidence is held in towns that, heaven forbid, the Russians eventually take, by the time the International Criminal Courts asks for it, it may no longer exist.

[Elizabeth Truss]

On our ICC referral to the prosecutor, which is now being taken forward, we are working closely with our allies on helping to collect that evidence. It is important that we did that early on. This is being led by the Justice Secretary who, as I have said, will be visiting The Hague to work out how we can make sure that that evidence is collected. May I praise the brave British journalists who are currently operating in Ukraine? We saw a terrible attack on the Sky team—completely unforgivable action by the Russian army. Those journalists are valuable in helping to collect the horrendous evidence of what is happening.

Sanctions

Debate between Elizabeth Truss and Hilary Benn

Monday 28th February 2022 Commons Chamber

[Elizabeth Truss]

I completely agree with my hon. Friend that we must do all we can to stiffen the resolve of those in Russia who are disgusted by President Putin’s actions in their name. That is why it is important to reach out through channels such as the BBC, and that we communicate clearly. The Foreign Office recently stood up its information unit, which provides communications to challenge disinformation from the Putin regime.

[Hilary Benn (Leeds Central) (Lab)]

My constituent’s wife and child are currently fleeing the violence in Ukraine, and they hope to return home. Her sister, who is Ukrainian, and her two children aged 10 and four, are fleeing with them, because the home they had been living in was destroyed by a Russian bomb. Does the Foreign Secretary agree that that is precisely the kind of case where the United Kingdom, which has a long history of compassion and welcome to refugees, should be enabling that family, together, to return here?

[Elizabeth Truss]

It is appalling to hear about the horrific situation that the family of the right hon. Gentleman’s constituent find themselves in, and we must be welcoming to refugees from this appalling, pre-meditated war created by Vladimir Putin. I will take his inquiry to the Home Office and get him a response.

Russia: Sanctions

Debate between Elizabeth Truss and Hilary Benn

Monday 31st January 2022 Commons Chamber

[Elizabeth Truss]

As I outlined earlier, we have taken action against illicit finance and corruption. We have established the National Cyber Security Centre and we are working hard to support Ukraine on the cyber-attacks it faces from the Russian regime, and I have announced today a sanctions regime that is by far the toughest we have ever had against Russia.

[Hilary Benn (Leeds Central) (Lab)]

The Foreign Secretary’s announcement shows that the Government can act speedily when they want to—these measures will be on the statute book by 10 February—so will she explain to the House why we are still waiting for all the measures referred to by the shadow Foreign Secretary, my right hon. Friend the Member for Tottenham (Mr Lammy), in his response to the statement? Why can those measures not be acted on as speedily as the sanctions that the Foreign Secretary has announced to the House today?

[Elizabeth Truss]

As I said, we put through the Criminal Finances Act 2017, our global anti-corruption sanctions regime. We are reviewing the tier 1 visas and will introduce the economic crime Bill, which Her Majesty’s Treasury is working on.

Oral Answers to Questions

Debate between Elizabeth Truss and Hilary Benn

Tuesday 25th January 2022 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

5. Whether she has plans to change the dispute resolution mechanism in the Northern Ireland protocol.

[The Secretary of State for Foreign, Commonwealth and Development Affairs (Elizabeth Truss)]

The fact is that the Northern Ireland protocol is not working. We need to make sure that the dispute resolution mechanism under the protocol is in line with that in the UK-EU trade and co-operation agreement and end the role of the European Court of Justice as the final arbiter.

[Hilary Benn]

I am grateful to the Foreign Secretary for that reply, but as she will know, article 5 of the protocol requires Northern Ireland to maintain regulatory alignment with EU rules governing manufactured and agricultural goods; there are about 287 in all, set out in annex 2. Do the Government agree that that regulatory alignment should continue, and if so, what type of dispute resolution mechanism does the Foreign Secretary think would be appropriate to determine whether those rules are in fact being applied?

[Elizabeth Truss]

Our view is that the type of arbitration mechanism we need is the type in any standard trade agreement, which is an independent arbitration mechanism.

Russia

Debate between Elizabeth Truss and Hilary Benn

Thursday 6th January 2022 Commons Chamber

[Elizabeth Truss]

I certainly agree with my hon. Friend. It is important that the Council of Europe takes a strong stand on this issue.

[Hilary Benn (Leeds Central) (Lab)]

While Russia’s actions undoubtedly represent a threat to its neighbours, as the Foreign Secretary said, President Putin attempts to justify his unacceptable demands by claiming that his country is somehow threatened by NATO’s defensive presence in countries including the Baltic states and Poland. In standing in solidary with Ukraine—the whole House does that—does the Foreign Secretary think that any steps can be taken in the forthcoming talks to try to show Russia that it faces no offensive strategic threat from NATO?

[Elizabeth Truss]

It is very important that we do not buy into the false narrative that Putin has been peddling that somehow there is a security threat. NATO has always been clear that it is a defensive alliance, responsible for defending the sovereignty and interests of its states, and Vladimir Putin is well aware of that. It is important that we do not buy into that false narrative. I do want to see progress made in talks, but that must be on the basis of freedom and democracy and of what Russia has committed to in the past. It simply has not fulfilled its commitments, whether those made in the Budapest agreement or the Minsk agreements. I see next week, when there will be a series of crucial meetings, as making sure that Russia is holding firm to the commitments that it has made.

Exiting the EU: Costs

Debate between Elizabeth Truss and Hilary Benn

Wednesday 29th November 2017 Commons Chamber

[Elizabeth Truss]

My right hon. Friend is correct. It is irresponsible for Opposition Front Benchers to suggest that any deal is better than no deal. That is the way that we will not get our preferred option, which is an implementation period plus our preferred economic partnership. We are allocating £3 billion to ensure that we are prepared for all eventualities.

[Hilary Benn (Leeds Central) (Lab)]

The United Kingdom is currently a member of a large number of EU agencies, from that dealing with aviation safety to the European Medicines Agency. Have the Government made an assessment of the likely cost to the Exchequer of having to replicate all those functions and activities, if they eventually decide that we have to leave all of them because of their stated principled objection to the European Court of Justice having any jurisdiction over the United Kingdom?

[Elizabeth Truss]

I have been very clear with the House that we are preparing for all eventualities. Of course, looking at the specifics of those agencies is a part of that.