Official Development Assistance

Debate between Hilary Benn and Dominic Raab
Thursday 26th November 2020

(4 years ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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I join my right hon. Friend in paying tribute to Baroness Sugg, a terrific Minister who will be greatly missed. I congratulate my right hon. Friend on her appointment as the UK’s international champion on various climate change issues. With her expertise, passion and dedication, she makes an excellent case for taking a more strategic approach, not only in relation to the ODA spend that derives from the FCDO, but looking right across the piece, across Whitehall, to ensure that it is allocated in the areas where it has the greatest life-changing impact. We will do that on climate change and biodiversity, and on girls’ education and helping the very poorest around the world.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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For the record, the ODA GNI figure in 2010, the last year of the previous Labour Government, was 0.57%.

May I say to the Foreign Secretary that of all the promises that our country has made, to choose to break this promise to the world’s poorest people, is unforgivable? We are talking about a cut of roughly one third in the aid budget. The thought that some babies might not be delivered safely, or some children might not be able to go to school or be vaccinated so that they do not die of the diseases that our children do not die of, should trouble every single one of us.

The Foreign Secretary said that he intends to make decisions about where the reductions will fall before Christmas. Will he assure the House that the decision on whether that will go ahead will be brought to Parliament, so that we can decide whether to break our promise or, instead, to keep our word?

Dominic Raab Portrait Dominic Raab
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May I thank the right hon. Gentleman? I know that he cares about this subject passionately and served as International Development Secretary himself. Frankly, he used rather hyperbolic language, but he should have at least noted the reassurance that I gave about strategic prioritisation—even with a reduced financial envelope—and our commitment regarding disease, particularly immunisation and vaccination around tuberculosis, covid, malaria and the like. He mentioned schools, and he will have noted that I said we would be safeguarding girls’ education. He wanted to trade figures with me, so I hope that he will bear with me: when he became Development Secretary in 2003, ODA spend was 0.34% of GNI; and when he left in 2007, it was 0.36%. The Conservatives are the ones who hit 0.7%, and we are proud of that. We will go to 0.5% next year. I think I am right in saying that the last Labour Government hit 0.5% in only one year of his tenure as Development Secretary, so he should have just a little bit more humility when he engages in quite such hyperbolic critique of what we have achieved on this side of the House.

Global Human Rights Sanctions Regime

Debate between Hilary Benn and Dominic Raab
Monday 6th July 2020

(4 years, 5 months ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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I thank my hon. Friend for his support and his generous remarks. We will of course look carefully at any further proposals he might wish to make to strengthen the measure. I will not pre-empt or prejudge further designations down the track, but we are already working on the potential next wave and will proceed based on evidence.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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I, too, warmly welcome the Foreign Secretary’s statement. I assume that when he talks about the powers applying around the world, it means they will be open to individuals from any country, not just those on the Foreign and Commonwealth Office’s list of countries of concern. On corruption, he says he wants to extend the regime. He will be aware that, over a decade ago, the Proceeds of Crime Act 2002 was used to seize the assets of three former Nigerian state governors. It would be helpful if he told the House what further powers he is considering to bring corruption within the scope of the arrangements that he has just announced.

Dominic Raab Portrait Dominic Raab
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I pay tribute to the right hon. Gentleman for all his work on human rights in the international sphere, both in the Select Committee and previously as a Minister. We have the asset-freezing powers in place; the additional element that makes the Magnitsky model is the visa bans. We will look throughout at ways to fine-tune and strengthen the measures. With corruption, the legal definition is an issue. We want to get it right and to avoid all sorts of people bringing litigation against the Government regarding people on the list; we do not want to mis-step in that regard. Also, we want to make sure we have a firm basis for the regime, so that we are not judicially reviewed, so we have started with the clearest and most serious human rights violations. We want to proceed based on evidence and I am certainly open to further consideration of evidence and information, which we will assess independently, from Members in all parts of the House, and to suggestions of other ways to strengthen the regime.

Covid-19

Debate between Hilary Benn and Dominic Raab
Tuesday 17th March 2020

(4 years, 9 months ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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My hon. Friend makes a really important point. I take the point, raised in the Chamber, that we need to try to get better and more effective international co-ordination. That is what the Prime Minister was pressing for when he spoke to his opposite numbers in the G7 by phone and what I have been pressing for at the Foreign Office. At the same time, in the last analysis we will take the right measures. Every country is a bit different depending on where it is on the curve. Crucially, we will take the right and most effective decisions at the right time. That is why we have changed our travel advice today and why the Prime Minister announced new measures yesterday.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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The Foreign Secretary rightly said that the Government do not want British nationals to be stranded overseas, but has referred to the practical difficulties of getting them all home. What are the exceptional circumstances in which the Government would be prepared to act to bring British nationals home? That will help inform decisions that individuals make about any travel plans they have.

Global Britain

Debate between Hilary Benn and Dominic Raab
Monday 3rd February 2020

(4 years, 10 months ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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My hon. Friend makes some good points. Of course, the E3 co-operation lies outside the formal structures of the EU, but it worked effectively in the recent Berlin conference on Libya, and we also worked closely on triggering the DRM under the joint comprehensive plan of action. By working in co-operation with our French and Spanish partners on the coronavirus evacuations and chartered flights, we have shown that bilateral relations provide ample opportunity to prove that we will be even stronger neighbours, partners and allies in the years ahead.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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In the Prime Minister’s other written ministerial statement this morning on the closure of the Department for Exiting the European Union, he said:

“Those of its functions which are still required have been transferred to relevant government departments.”

Will the Foreign Secretary tell the House to which Department and which Minister responsibility for the negotiations on our future relationship with the EU has been transferred? The Exiting the European Union Committee will be keen to hear from him or her as soon as they are identified.

Dominic Raab Portrait Dominic Raab
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Of course, people from a range of Departments were siphoned into DExEU when it was created. We have taken back a significant number of DExEU officials into the Foreign Office, and the Minister for Europe and the Americas, my right hon. Friend the Member for Tamworth (Christopher Pincher), talked to them earlier today. They will be integrated into the wider functions of Government in the usual way.

Joint Comprehensive Plan Of Action

Debate between Hilary Benn and Dominic Raab
Tuesday 14th January 2020

(4 years, 11 months ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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My right hon. Friend is absolutely right. We want to preserve the JCPOA—it is the only current deal in town—but of course we are ambitious to see a broader rapprochement. That is not just the Prime Minister’s view. He has been actively supporting President Trump and President Macron, and there is a huge amount of diplomatic work being undertaken by me, by the Prime Minister and others and by our international partners to achieve that. But we come back to the basic equation and the basic choice: this is ultimately a decision that must be made in Tehran, because leaving the diplomatic door ajar is one thing but Iran has to be willing to walk through it. We will make sure that that diplomatic route—that diplomatic path—to a better alternative Iran is there, but it must be something that the regime in Tehran, bearing in mind all the recent events, the growing economic isolation and the disaffection of many, many people in Iran with the state of affairs, chooses and pursues of its own volition.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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It is precisely because we support this deal that the E3 was left with no option but to take the action that it has, and I support the Government in doing so. But can I bring the Foreign Secretary back to the Prime Minister’s remarks this morning? Either the Prime Minister wants to maintain this deal or he is now advocating for its replacement: he cannot credibly hold both positions. Which one is the policy of the Government?

Dominic Raab Portrait Dominic Raab
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The right hon. Gentleman is just wrong. Of course one can want to preserve this deal but be ambitious and, if it is possible, bring the United States and Tehran into a broader rapprochement, dealing not just with the nuclear issue but with the wider destabilising activities. That is the policy that we are pursuing and we are doing so with the US and also, crucially, with our EU partners. There seems to be a bit of amnesia on the Opposition Benches. It was President Macron who last year proposed a very similar approach. Just as we are willing to support that in relation to proposals initiated in Washington, we supported it in relation to Macron. We want to keep the transatlantic alliance together and we want to bring a broader rapprochement between the US and Iran that can lead to a better path for the Iranian people.

Iran

Debate between Hilary Benn and Dominic Raab
Monday 13th January 2020

(4 years, 11 months ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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We are looking very carefully at this. As someone said from the Opposition Benches, it is about balance. On the one hand, we need to have some accountability for the systematic non-compliance, which well predates the death of General Soleimani; on the other hand, we want to make sure it is very clear that there is always a diplomatic route back. We are looking at it very carefully. One reason why I was in Paris yesterday evening was to make sure that we are co-ordinating and engaging closely with our E3 partners as well as our American friends.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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Given that the shooting down of flight 752 is, sadly, the latest instance of civilian airliners being shot down in regions of conflict apparently by mistake, may I urge the Foreign Secretary, with colleagues, to see what more might be done to enable defence forces properly to distinguish between civilian aircraft and potential military threats in order to ensure that such deaths are avoided in future?

Dominic Raab Portrait Dominic Raab
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I thank the right hon. Gentleman for his question. That is incredibly important. It is not clear to me whether that is what caused the shooting down of the Ukrainian airliner in this case, but I am very willing to hear his points on that and on any initiative related to it.

Turkish Incursion into Northern Syria

Debate between Hilary Benn and Dominic Raab
Tuesday 15th October 2019

(5 years, 2 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Dominic Raab Portrait Dominic Raab
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My right hon. Friend is absolutely right. He has a lot of experience in this. I pay tribute to the work he did at the Foreign Office. I have spoken to the Secretary of State for International Development. We will be engaged, and we are already engaged, very closely with the UN agencies and the non-governmental organisations on the ground. The concern that he raised is absolutely spot on. We share it and we are doing everything we can to alleviate it.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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There can be no doubt that it was the sudden announcement by the US Administration of a decision to withdraw their troops that has led to what Turkey has done, yet we discover that the United States is now imposing sanctions on Turkish Ministries and senior Government officials. The Foreign Secretary said that we need to be clear and candid with our allies, and I appreciate what he has said to the Government of Turkey about what they are doing, but could I encourage him to be equally clear and candid with the US Administration, whose policy at the moment, frankly, has perplexed their allies and friends and is making a bad situation much more dangerous?

Dominic Raab Portrait Dominic Raab
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I thank the Chair of the Brexit Committee. I would share many of his concerns in relation to this. The key point right now is to be working with our allies right across the transatlantic spectrum, with NATO, the US and our European friends, to try to exercise maximum restraint and maximum leverage on Turkey. Both in this case and more generally—because we will see a whole range of threats posed to this transatlantic alliance—we need to work out that some of the differences between us pale into insignificance compared with the challenges and the threats we face. This is one such example. We must redouble our efforts to cement the NATO alliance and work together collaboratively.

Oral Answers to Questions

Debate between Hilary Benn and Dominic Raab
Thursday 25th October 2018

(6 years, 1 month ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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I can give my hon. Friend that assurance. It is true that we have a large export relationship with our EU partners, but equally, as the EU itself recognises, the vast majority—the lion’s share—of future growth opportunities will lie with the growth markets of the future, from Latin America to Asia, as I said earlier.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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Last Sunday, when the Secretary of State was asked on “The Andrew Marr Show” how long the proposed UK-wide customs backstop might last, he said:

“It could be time-limited, there could be another mechanism.”

Whichever of the two it turns out to be, can the right hon. Gentleman assure the House that the backstop—if needed—would not be terminated before the conclusion of our negotiations on the future partnership? If he is not able to give that assurance, will he tell the House what would replace it to ensure that the border in Northern Ireland remained open?

Dominic Raab Portrait Dominic Raab
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The Chair of the Select Committee is right to say that we need to respect our commitment to provide a bridge between the end of the implementation period and the future relationship. That does need to be something we are not locked into indefinitely, and, of course, the EU side cannot agree anything under article 50—which provides only for the winding down of the EU arrangements—that would allow something to be indefinite, so this ought to be a matter that there is mutual interest in and agreement on resolving.

Leaving the EU: Meaningful Vote

Debate between Hilary Benn and Dominic Raab
Monday 22nd October 2018

(6 years, 2 months ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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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.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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Having read the Secretary of State’s memorandum to the Procedure Committee, and paragraph 13 in particular, may I point out to him that the Exiting the European Union Select Committee’s recommendation on amendments to the withdrawal agreement motion is that these be taken before the vote on the main question, not after? That is the issue. Will he take this opportunity to accept both that that is what the Select Committee recommended and that to order the vote in any other way would be unacceptable to many Members of this House?

Dominic Raab Portrait Dominic Raab
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I always respect the views of the Select Committee Chair, but the position is set out in the memorandum. We think it the proper course to ensure both a meaningful vote to which substantive amendments can be tabled and a clear decision on the outcome.

EU Exit Negotiations

Debate between Hilary Benn and Dominic Raab
Tuesday 9th October 2018

(6 years, 2 months ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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I thank my right hon. Friend for his questions. The search for a Labour party policy on the EU and on Brexit continues, but on the reports that he mentioned—there have been various reports on the technical solution to Northern Ireland—they have provided very important, useful additional insights. The reality is that we have committed, on top of the technical solutions, to agree a legally binding backstop with the EU, but it will have to be temporary and it will have to meet the conditions that we have set out and that the Prime Minister repeated in her statement after the Salzburg summit.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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The more no deal technical notices that the Secretary of State published over the summer, the more he confirmed as correct the judgment of the Select Committee that a no deal Brexit would be chaotic and damaging. My question, however, relates to the outstanding issue in the negotiations, namely agreeing a legally operable and sound backstop to keep an open border in Northern Ireland. Given that the backstop, if it is used, will have to last until such time as another agreement is reached that achieves the same outcome, can he please explain to the House how on earth a backstop could be limited by an artificial time limit?

Dominic Raab Portrait Dominic Raab
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The point is that we hope the backstop will never be used. If it is required, it should be for a temporary, limited period. The right hon. Gentleman asked how that can be guaranteed. In fact, there are limits to the extent to which the EU can rely on article 50 for the backstop—there are very real legal concerns on the EU side—but of course we expect that there is no deal until we have the whole deal. That includes not just the withdrawal agreement and the protocol on Northern Ireland, but clear steps and a clear pathway to the future relationship, which will provide the lasting, sustainable answer on the Northern Ireland issue by ensuring that we have frictionless trade.

Brexit Negotiations and No Deal Contingency Planning

Debate between Hilary Benn and Dominic Raab
Tuesday 4th September 2018

(6 years, 3 months ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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I share my right hon. Friend’s conviction that we need to avoid any return to the hard border. All sorts of technical work is going on. We have seen the EU’s proposals and made it very clear that they are unacceptable because they would involve a customs border down the Irish sea. We continue to work through these issues, mindful of the commitment that we have made together to give effect to the joint report that was made in December.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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Michel Barnier made it very clear to the Exiting the European Union Committee, when we met him yesterday in Brussels, that the Government’s proposal for a facilitated customs arrangement and a common rulebook is not acceptable to the European Union. Does that emphatic rejection of the central plank of the Chequers proposal concern the Secretary of State? If so, what alternative does he now propose to put forward to honour the promise that has been made to keep an open border in Northern Ireland and to ensure the continuation of friction-free trade in goods that is so important to the future of the British economy?

Dominic Raab Portrait Dominic Raab
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The right hon. Gentleman might have also, in quoting Michel Barnier, referred to his comments on 27 August, when he said:

“We are preparing to offer Britain a partnership such as there has never been with any other third country”.

The right hon. Gentleman is certainly right to raise those points when they are pushed back, but this is a negotiation. We continue to explain our proposals to Michel Barnier and to the other member states, and we are confident that we will make progress.

EU Withdrawal Agreement: Legislation

Debate between Hilary Benn and Dominic Raab
Tuesday 24th July 2018

(6 years, 5 months ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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My right hon. Friend is absolutely right. There are two distinct issues at play here. We are absolutely committed to the Belfast agreement and to peace and stability in Northern Ireland. At the same time, it is unacceptable for a customs border to be drawn along the Irish sea, as that would be a direct threat to the territorial integrity of this country. I am sure that that is not what our European partners intend—there may be similar pressures in countries within the EU—but we are absolutely clear about our position on this.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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Paragraph 24 states that

“all EU citizens lawfully residing in the UK”

by 31 December will be able to stay. Can the Secretary of State give the House and those 3.5 million European citizens an assurance that that commitment from the Government will still hold in the event of us leaving without a deal? Yes or no?

Dominic Raab Portrait Dominic Raab
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I apologise for the disruption that this is causing to the right hon. Gentleman’s evidence session, which I look forward to joining later.

We are very clear that, in the event of no deal, there would be no wholesale removal of rights of EU nationals in this country. We are absolutely committed to providing the reassurance and security that they need. That is the point of agreeing these aspects of the withdrawal agreement up front and publishing this White Paper—so that EU nationals here and UK expats abroad can see precisely not only the substance of their rights, but how they will properly be protected.

Oral Answers to Questions

Debate between Hilary Benn and Dominic Raab
Thursday 19th July 2018

(6 years, 5 months ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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My right hon. Friend is absolutely right. He will have seen from the White Paper that we have set out the approach that we are taking—the strategy that we have. I will be out in Brussels today because we do need to step up the pace, the intensity and the heat of the negotiations. But, at the same time, the only responsible thing for the Government to do is to prepare for all eventualities out of these negotiations.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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The Secretary of State will be only too well aware that, without an agreement on a backstop for the border between Northern Ireland and the Republic, there will be no withdrawal agreement. The technical note on customs arrangements that the Government published last month was only half a backstop because, as the paper itself acknowledged, it would need to have added to it something on regulation. Now that the Government have committed to a common rulebook in the White Paper, can the Secretary of State today confirm that that will now be added to the proposal for a backstop so that he can make progress on it?

Dominic Raab Portrait Dominic Raab
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The right hon. Gentleman is absolutely right to talk about the progress that we have undoubtedly made with our European friends on the withdrawal agreement, but to say that issues such as Northern Ireland remain to be resolved properly. He is also right to say that the White Paper and the proposals have a principled but flexible approach that will allow us to make sure that we not just continue the frictionless trade but avoid any issues at the border. We will obviously take forward those negotiations today, and I look forward to discussing this with Michel Barnier later.

EU: Future Relationship White Paper

Debate between Hilary Benn and Dominic Raab
Thursday 12th July 2018

(6 years, 5 months ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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I thank my hon. Friend for his comments and pay tribute to his huge experience in this area. On parliamentary scrutiny and the UK’s ability to control any changes to the common rulebook for goods, as I said, let us be clear that we would expect to have a proper dialogue about any changes that were made on both sides and there would be a parliamentary lock to ensure proper democratic oversight in translating those changes into legislation in this country. If this House and Parliament decided not to do that, that would have consequences for the agreement, and that would feed back into the review mechanisms and dispute resolution mechanism that we have carefully tailored. We have sought that balanced approach to ensure we have consistent interpretation of the rules that we will apply in that area, while retaining democratic oversight in this House.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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May I say to you, Mr Speaker, that I hope a new principle has been established today that, in future, Members of the House will receive copies of White Papers at the same time as members of the fourth estate? In welcoming, genuinely, the Secretary of State to his post—a post that has many challenges—may I suggest that he organise a briefing for Members of the House, with officials, on the White Paper, in line with the very helpful briefing that was held on Monday on the Chequers agreement?

In the statement on the Chequers agreement, the Government said that they would “commit by treaty” to ongoing harmonisation with EU rules on goods. If the facilitated customs arrangement is agreed by the EU, will it be ready to be implemented by 31 December 2020? If not, what arrangements do the Government propose to put in place to cover the gap there would then be between that date and the date on which the new arrangements would finally and fully come into effect?

Grenfell Tower

Debate between Hilary Benn and Dominic Raab
Monday 5th February 2018

(6 years, 10 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

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Dominic Raab Portrait Dominic Raab
- Hansard - - - Excerpts

My hon. Friend is right. As I said, I think it is perfectly reasonable to ask questions about the testing system and how we get it right. It is the leap into the other sensitive issues on which a range of concerted action has been taken that is wrong.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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There are leaseholders living in blocks all over the country, including One Brewery Wharf and Quay One in my constituency, who, having discovered that their homes are covered in unsafe cladding, now face the prospect of having to pay for its replacement, and they are facing difficulties in remortgaging and selling their properties. Since the Secretary of State’s urging freeholders to do the decent thing and pay is not working, what are the Government now going to do to ensure that the recladding of those blocks takes place without the cost falling on leaseholders, who are entirely blameless in this matter?

Dominic Raab Portrait Dominic Raab
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The right hon. Gentleman has raised a number of points. First, he talked about cladding that might be unsafe. He did not specify which, but any concerns can be sent to the Building Research Establishment for sampling. We can get that checked in the right way.

In relation to the issue between freeholders and leaseholders, we have been clear all along that it is for the owner of the property to conduct the required renovation and to bear the cost. On local authorities, wherever financial flexibility is required, they can come to us. We have not said no to one yet. Housing associations should go to the regulator. In relation to private sector landlords, we have made it very clear that we believe they should bear the cost. It will depend on the specific leases, and of course the legal question of whether costs are being unreasonably handed over to tenants can be determined by the first-tier tribunal. That is a legal issue and we cannot interfere in that, but morally, we know that there are plenty of freeholders in the private sector who should be doing just as local authorities and housing associations are doing, and who should not be passing on any unreasonable cost to leaseholders or tenants.

European Union (Withdrawal) Bill

Debate between Hilary Benn and Dominic Raab
Dominic Raab Portrait Dominic Raab
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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.

Hilary Benn Portrait Hilary Benn
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Will the Minister give way?

Dominic Raab Portrait Dominic Raab
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I want to make a little bit of progress, but I will of course give way to the Chair of the Select Committee.

Hilary Benn Portrait Hilary Benn
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I am grateful to the Minister. He said a moment ago that one of the arguments he was advancing for not incorporating the charter was that it might then come into conflict with our own human rights law. Given that, as we heard from the hon. and learned Member for Edinburgh South West (Joanna Cherry), it has been part of our law for some time, can he give the Committee one single example of that happening?

Dominic Raab Portrait Dominic Raab
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I think that the right hon. Gentleman should look at, for example, the Devine case on prisoner voting. It is very unclear how the case law in the Luxembourg and Strasbourg Courts meshes together. It is possible to argue in favour of one or the other, but they are not entirely consistent or compatible. When giving evidence to a House of Lords Committee in 2015, my right hon. and learned Friend the Member for Beaconsfield defended the Strasbourg Court very validly by contrasting it with the “predatory” habits of the European Court of Justice in Luxembourg. I think that even those who have been the most enthusiastic human rights defenders, and those on the remain side of the argument, will recognise the clash and the inconsistency between those jurisprudences.

Hilary Benn Portrait Hilary Benn
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rose

Dominic Raab Portrait Dominic Raab
- Hansard - - - Excerpts

I am not going to give way again.

The point I wanted to reaffirm is that, given that the substantive rights codified by the charter will be retained in EU law, it does not make sense to incorporate the EU charter itself, an element of the EU’s institutional architecture designed to regulate EU membership, at precisely the moment when we are leaving.

European Union (Withdrawal) Bill

Debate between Hilary Benn and Dominic Raab
Dominic Raab Portrait Dominic Raab
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I hope that I can give my right hon. and learned Friend some reassurance as the Committee makes progress. Some of what he says relates to clause 5 as much as to clause 6, but let me have a go at addressing it today. We may well return to it next week.

Hilary Benn Portrait Hilary Benn
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The Prime Minister has accepted that in a transitional period, the European Court of Justice would govern the rules of which we are part. Will the Minister explain to the Committee how that is compatible will clauses 5 and 6, which say that the ECJ will have no further sway after exit day, which the Government propose to set as 29 March 2019? Do the Government intend to amend the Bill as it proceeds through Committee to reconcile those two things, or do they propose to do it in the new Bill that the Secretary of State announced yesterday?