Northern Ireland Protocol Bill

Debate between Elizabeth Truss and Joanna Cherry

2nd reading
Monday 27th June 2022 Commons Chamber

[Elizabeth Truss]

As I said at the outset, our preference is for a negotiated solution, and we have sought that for 18 months, but as recently as last weekend the EU has refused to change the text of the protocol. That is why there is strong legal justification, as set out in our legal statement, for us taking this action. Our priority, as the United Kingdom Government, has to be political stability within our own country. While we put this Bill through Parliament, we will continue to seek a negotiated solution with the EU, and there are provisions in the Bill to deliver that. I would strongly encourage my right hon. Friend to raise this with the EU directly and to encourage a negotiated solution, because there is a solution to be achieved. We have laid it out very clearly with our red and green proposal, but we do need the EU to agree to change the text of the protocol. That is the fundamental issue that needs to be addressed.

[Joanna Cherry (Edinburgh South West) (SNP)]

I am grateful to the Secretary of State for giving way. The Government’s legal position prays in aid the international law doctrine of necessity, but the International Law Commission says that where a state has itself contributed to the situation of necessity, that doctrine cannot be prayed in aid. Given that the Prime Minister signed the withdrawal agreement, including the protocol, in the knowledge that it would give rise to precisely the difficulties of which the Government now complain—we debated it on the Floor of the House—does the Secretary of State not see that there is a pretty big hole in the legal advice she has been given?

[Elizabeth Truss]

We set out the case extremely clearly in the legal advice, and the doctrine of necessity has been used by other Governments in the past where there is a severe issue and the other party is unwilling to renegotiate that treaty. That is the position we are in with the Northern Ireland protocol. What I would ask the hon. and learned Lady and other Members on the Opposition Benches is this: given that the EU refuses to reopen the Northern Ireland protocol, and issues around customs and tax are specifically baked in, what is their solution for dealing with the real issues in Northern Ireland? We have looked at all the alternative solutions, and the only effective solution is this Northern Ireland Protocol Bill, in the absence of the EU being willing to negotiate a new protocol.

Oral Answers to Questions

Debate between Elizabeth Truss and Joanna Cherry

Tuesday 21st June 2022 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

When I led the Joint Committee on Human Rights delegation to Strasbourg last week, we were repeatedly told that threats made by the United Kingdom to withdraw, or even just disengage, from the European convention on human rights risked giving succour to eastern European states, including Russia, which do not have the same respect for human rights and the rule of law that the United Kingdom has historically had. Will the Foreign Secretary tell the Prime Minister to tone down his veiled threats to leave the convention, and tell her more excitable Back Benchers to back off?

[Elizabeth Truss]

I honestly thought that the hon. and learned Lady would welcome the fact that the UK led in kicking Russia out of the Council of Europe and holding it to account.

Bills Presented

War Pension Scheme and Armed Forces Compensation Scheme (Public Inquiry) Bill

Presentation and First Reading (Standing Order No. 57)

Owen Thompson presented a Bill to establish an independent public inquiry into the administration of the War Pension Scheme and of the Armed Forces Compensation Scheme by Veterans UK; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 16 September, and to be printed (Bill 51).

Ministerial Code (Enforcement) Bill

Presentation and First Reading (Standing Order No. 57)

Owen Thompson presented a Bill to make provision about the enforcement of the Ministerial Code; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 16 September, and to be printed (Bill 112).

Ministerial Interests (Public Appointments) Bill

Presentation and First Reading (Standing Order No. 57)

Owen Thompson presented a Bill to require a Minister to make an oral statement to Parliament if a person is appointed to a paid post by them, in whom, or a company in which, that Minister has a personal, political or financial interest.

Bill read the First time; to be read a Second time on Friday 16 September, and to be printed (Bill 113).

Northern Ireland Protocol

Debate between Elizabeth Truss and Joanna Cherry

Tuesday 17th May 2022 Commons Chamber

[Elizabeth Truss]

There are some things that are within my powers and some things that are not, and controlling what the British media print is simply not within my power. We are very clear that we are not about scrapping or tearing up the protocol. We want to change the protocol, ideally working with the European Union, but the mandate does have to change to get the changes on the ground that we need to see. In the absence of that, the legislation will ensure that those changes are made. There is provision specifically in the legislation to implement a negotiated solution; I was very clear about that in my statement.

[Joanna Cherry (Edinburgh South West) (SNP)]

Last week it was reported that the Attorney General has provided legal advice as part of the background to this Bill. I have no doubt that that will be based on her views on parliamentary sovereignty and the supremacy of domestic law, with which she previously favoured this Chamber the last time we were planning on breaking international law. The hon. Member for Stone (Sir William Cash) says that we should ignore “siren voices to the contrary”, but the difficulty for the Foreign Secretary, the Attorney General and the hon. Member for Stone is that the siren voices to the contrary include the United Kingdom Supreme Court. Has the Foreign Secretary read paragraph 55 of the judgment in the first Miller case, which was about triggering article 50, in which the Supreme Court is clear that international treaties signed by the UK Government are binding on the UK in terms of international law and that, as such, our obligations under them cannot be unilaterally rewritten? Is she aware of that?

[Elizabeth Truss]

We fully respect the rule of law, and we are very clear that this Bill is in line with international law.

Oral Answers to Questions

Debate between Elizabeth Truss and Joanna Cherry

Tuesday 26th April 2022 Commons Chamber

[Elizabeth Truss]

I am pleased that we were able to resolve the funding issues so that the Westminster Foundation for Democracy could continue its excellent work. What we are learning about as a result of the Ukraine crisis is the strength of democracies in fighting back and fighting for what they believe in, and it is organisations such as the foundation that help to provide the intellectual ballast for them to do so.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Spanish Government stand accused of using Pegasus, the controversial Israeli spyware, to hack into the phone of a Scottish solicitor who was representing Professor Clara Ponsati, Catalonia’s former Education Minister and now a Member of the European Parliament. Does the Foreign Secretary agree that if this occurred, it would constitute a disgraceful breach of solicitor-client privilege and a direct attack on a democratically elected politician, and will she take the matter up with the Spanish ambassador next time she meets him?

Oral Answers to Questions

Debate between Elizabeth Truss and Joanna Cherry

Tuesday 8th March 2022 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

The Minister is cautioning against donations in kind to Ukraine because of the red tape our exports are tied up in as a result of the Brexit deal; I know that for a fact because I have explored it on behalf of a number of charities in my constituency. What action will the Department take to talk to EU counterparts and ensure the flow of humanitarian aid to Ukraine, given the complexity of sending second-hand goods and so forth abroad now?

[Elizabeth Truss]

What the hon. and learned Lady said is simply not true. The Polish Government, who the hon. and learned Lady should be listening to—and she should take responsibility here—have said that donations in kind generates

“disproportional amounts of additional work and cost, which proves ineffective and counterproductive”.

With all due respect to the hon. and learned Lady, I think the Polish Government know more about the situation on the border with Ukraine than she does.

Oral Answers to Questions

Debate between Elizabeth Truss and Joanna Cherry

Thursday 5th March 2020 Commons Chamber

[Elizabeth Truss]

One of the points that we laid out in our negotiation objectives is that we want to achieve an advanced digital and data chapter. Currently, 79% of all our services are provided remotely. A digital and data chapter will give us the ability to underwrite those transactions and do more electronically, which will provide huge benefits to those high-tech industries in my hon. Friend’s constituency.

[Joanna Cherry (Edinburgh South West) (SNP)]

All this debate between the Secretary of State and Labour’s Front-Bench spokesperson shows how important it will be to scrutinise the small print of the deal, so will she allow this Parliament a vote on the deal, such as the kind that the US Congress will get, or does she think that America deserves more democratic scrutiny of the deal than the United Kingdom?

[Elizabeth Truss]

We have a parliamentary system in this country, so for these types of decisions the treaties are laid before Parliament through the CRAG—Constitutional Reform and Governance Act 2010—process. I point out to the hon. and learned Lady that we also have an extensive programme of engagement with business. We have 17 expert trade advisory groups, through which we will ask business for their specific feedback to ensure that we are not lowering standards, and to ensure that we have the right standards for our industry. That is the consultation process that we are undertaking.

UK-US Trade Deal

Debate between Elizabeth Truss and Joanna Cherry

Monday 2nd March 2020 Commons Chamber

[Elizabeth Truss]

I agree that we need to make a clear case, and to ensure that Parliament is engaged.

[Joanna Cherry (Edinburgh South West) (SNP)]

I am interested to hear the Minister say that she wants to ensure that Parliament is engaged because, unlike our counterparts in the US Congress and the EU Parliament, Members of this House do not get a vote on trade deals. Is she prepared to consider reversing that policy? If not, can she tell us in what way having no debate on the trade deal constitutes taking back control?

[Elizabeth Truss]

The hon. and learned Member will be aware that the UK has a parliamentary system that is similar to those in Australia and New Zealand, and we are following a similar process to those Parliaments. It is a different structure from the separation of powers in the United States.

Oral Answers to Questions

Debate between Elizabeth Truss and Joanna Cherry

Tuesday 24th January 2017 Commons Chamber

[Elizabeth Truss]

My hon. Friend is absolutely right. This is a vital issue for our fantastic legal services profession—four of the top 10 international law firms are headed in the UK. I said this week at a joint meeting with the Lord Chief Justice and members of the legal profession that mutual enforcement of judgments will be a key part of our Brexit negotiations.

[Joanna Cherry (Edinburgh South West) (SNP)]

Civil and criminal justice are devolved to the Scottish Parliament. Does the Secretary of State for Justice agree with the conclusions of the first report of the Exiting the European Union Committee that the great repeal Bill must be dealt with in a way consistent with the existing devolution settlement, and does she accept, therefore, that the legislative consent of the Scottish Parliament to the great repeal Bill will be required?

[Elizabeth Truss]

I look forward to meeting the hon. and learned Lady to discuss the issues of the devolved Parliament. The Prime Minister has been clear that she wants to strike a bespoke Brexit deal that works for the whole UK.

[Joanna Cherry]

Because civil and criminal justice are devolved, the triggering of article 50 will have major implications for the rights and freedoms of people in Scotland. Does the Secretary of State accept, therefore, that the Sewel convention will be engaged, and does she agree with the Supreme Court’s judgment this morning that the Sewel convention has an important role in facilitating harmonious relationships between the UK Parliament and the devolved legislature?

[Elizabeth Truss]

As I said, the Prime Minister and the Secretary of State for Exiting the EU are working closely with the Scottish Government, and the Government have been clear that they will respect the decision of the Court this morning.

Oral Answers to Questions

Debate between Elizabeth Truss and Joanna Cherry

Tuesday 6th December 2016 Commons Chamber

[Elizabeth Truss]

I completely agree with my hon. Friend. As I said last month, the Supreme Court justices are people of great integrity and impartiality.

[Joanna Cherry (Edinburgh South West) (SNP)]

In response to the constitutional change brought about by devolution, the renowned international jurist, the late Professor Sir Neil MacCormick, stressed the importance of the principles that justified judicial independence and the concept of the separation of powers. As the United Kingdom once more faces major constitutional change after the EU referendum, will the Justice Secretary join me in reaffirming the importance of those principles?

[Elizabeth Truss]

I absolutely will. The independence of the judiciary is a vital part of our free society, as is our free press. Both those things are important. We have seen over the last months that we have a robust independent judiciary and a robust free press, which I look forward to discussing with the hon. and learned Lady very soon.

[Joanna Cherry]

In recent years, it has become commonplace for some Conservative Members to deprecate the judges of the European Court of Justice and the European Court of Human Rights simply for doing their job. Does the Lord Chancellor agree that such scant respect for the rule of law has encouraged a climate in which a major tabloid, which I believe some people call a newspaper, thinks it is appropriate to describe justices of our own Supreme Court as “enemies of the people”?

[Elizabeth Truss]

I have been very clear that the independence of the judiciary is a vital part of our rule of law. As my right hon. and learned Friend the Minister for Courts and Justice has just said, it is important for the UK that British courts make those decisions, and that is precisely what we are going to achieve.

Oral Answers to Questions

Debate between Elizabeth Truss and Joanna Cherry

Tuesday 6th September 2016 Commons Chamber

[Elizabeth Truss]

My hon. Friend is absolutely right: human rights were not invented in 1998 with the Human Rights Act. We have a strong record, as a country, of human rights, dating back to Magna Carta, and the British Bill of Rights is going to be the next step in enshrining those rights in our laws.

[Joanna Cherry (Edinburgh South West) (SNP)]

May I welcome the Secretary of State to her new role and say that while, of course, it is not a prerequisite for the person in her role to be a lawyer, she will no doubt wish to listen carefully to any legal advice she receives about any proposals to reform the law?

There is almost universal opposition to the repeal of the Human Rights Act in Scotland; this is reflected in the Scottish Parliament and across Scottish civic society. On 11 August, I wrote to the UK Government seeking clarification of their plans for so-called reform of the Human Rights Act, following press reports. I have yet to receive a substantive response. At what stage in her plans will the Secretary of State seek to consult the Scottish Government, and can she confirm that she will listen to and respect their answer?

[Elizabeth Truss]

I have already had a number of legal meetings about this issue, and I am sure I will enjoy working with the legal profession in my role. The Prime Minister has already had a very good meeting with the First Minister of Scotland. I will be meeting the Scottish Justice Minister shortly to discuss a number of issues.

--- Later in debate ---

[Joanna Cherry]

I was rather hoping to have a second bite of Her Majesty’s Government, Mr Speaker.

If the Secretary of State has been having legal meetings about the Human Rights Act, she will have been advised that human rights are not a reserved matter and that therefore the Scottish Parliament must be consulted regarding any legislation with regard to human rights. During the independence referendum, Scotland was told that it was an equal partner in this Union. Does she appreciate that to proceed with repeal of the Human Rights Act across the UK would fly in the face of that promise and exacerbate the democratic deficit that already exists in Scotland, where a Tory Government we did not vote for are planning to take us out of the European Union against our will?

[Elizabeth Truss]

I would point out that this was in the Conservative party manifesto and we secured a majority at the general election. As I said, I will be in touch with the Scottish Justice Minister; I look forward to talking to him about this subject.