(4 years, 8 months ago)
Commons ChamberThere are, I think, two primary arguments for opposing the Government this afternoon. The first is that the 0.7% overseas aid target was a manifesto commitment. That is a serious point, though the electorate will appreciate that the expectations on which those manifestos were based have changed substantially since covid-19.
The second is that the target is in statute in the International Development (Official Development Assistance Target) Act 2015. That is true, but the Act also envisages and allows for circumstances in which the Government might not meet the target in any given year, including the impact on public borrowing, and Parliament cannot stop the Government doing so. The Act, at section 3(1), is very clear about that. We have the right only to be informed of how and why the target is to be missed. As far as I can tell, nobody is proposing to amend the 2015 Act, so it will remain unchanged whatever the vote this afternoon.
I welcome the Government’s clarification that they are not seeking unilaterally to change the statutory target, but rather to miss it. Those are different things, and the former would, in my view, be both wrong and unlawful, but we either trust the Government or we do not. If we do not trust the Government—and we are here because a large number of Members do not—why would we trust them to keep the 0.7% commitment beyond next year when the Act so clearly allows them to decide not to? Transparent, externally judged criteria, arguably at least, would leave those of us who want to see the preservation of aid spending in a stronger position than under the 2015 Act alone, which applies what are in truth fairly loose shackles to Government on aid spending and leaves it entirely to Government to decide when to escape them, and that cannot help provide the certainty that the aid sector rightly seeks.
I believe in the merits of overseas aid spending and I have used many of the arguments made so eloquently by my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell), who deserves huge credit for extracting the compromises that the Government have already made. Those arguments, though, must in the end persuade the public whose money we are spending. As Conservatives, we also argue that high public debt is bad for our long-term capacity to support the vulnerable everywhere. Enduring public support for aid spending may well depend on the public recognising that we have apportioned the financial burden of the covid crisis fairly, and not protected aid spending to the detriment of other areas of spending that they may find at least as deserving. I think the Government are now trying to strike that balance. Recognising though I do the strength of the arguments made by many on both sides of this House in the course of this debate, it is important and necessary to give the Government credit for that effort.
(4 years, 8 months ago)
Commons Chamber
The Prime Minister
That is not accurate. We are continuing to support all those who have to remediate their buildings. I remind Members that the £5 billion that we have provided is five times what Labour offered for support in their last manifesto. We will ensure that all the leaseholders—the people who have suffered from the consequences of the Grenfell conflagration—get the advice and support that they need.
My right hon. Friend will recognise the huge service done by independent hospices to those at the end of their lives, to their families and to the NHS, because those people would be likely to otherwise be in hospital. He will also understand the huge impact that the covid pandemic has had on the fundraising capacity of those hospice charities, so may I ask him to consider carefully and personally the case that is being made by independent hospices for greater Government support for their clinical costs—costs which, if they were no longer there, would undoubtedly be borne by the taxpayer and by the hard- pressed NHS?
The Prime Minister
My right hon. and learned Friend is totally right to draw attention to the incredible selfless work of hospices up and down the country. Charitable hospices receive £350 million of Government funding annually, but he is also right to draw attention to the difficulties they have had in fundraising this year and over the pandemic. That is why they have received an additional £257 million in national grant funding arrangements.
(4 years, 11 months ago)
Commons ChamberAnd in fact could make it worse. If we throw the ICC into that as well, potentially, we could have a much worse situation for personnel who are facing prosecution.
On Lords amendment 3, any derogation from the European convention on human rights for future overseas operations would have set a damaging precedent for an international treaty—an international treaty that this country played a major role in drawing up. These proposals would have undermined the protections that the UK was so integral to establishing. We welcome Lords amendment 3 and are pleased that the Government have accepted it. It is one of those common-sense ones that should not have needed to come to this stage, but we have got there, so we are thankful for that.
On Lords amendment 4, I spoke on Second Reading and in Committee about the issue of the time limit on claims. One thing that was raised was that some personnel are told, while they are still serving, that they are unable to pursue a claim, which is false, or they are told by those higher up the chain of command that they do not have a valid claim. The nature of the armed forces is that, for many serving personnel, if they are told by their superiors that they are not able to do something, they will accept that. It is only when they find out years later that, actually, they do have a valid claim and they are able to pursue it, they will be able to take action, but with this six-year limit, that is problematic.
We very much welcome Lords amendment 4, but it does not go far enough. As has already been mentioned, it in effect creates an unfair two-tier system in which MOD civilian employees, or indeed the families of deceased personnel, will not be able to make claims beyond the six-year limit. So we will be supporting the amendment, but it is disappointing that it only applies to members of the armed forces.
The Government had the opportunity to strengthen Lords amendment 4 by widening it to apply to all, but instead they are rejecting it entirely so that everyone has the time limit applied. We have heard about those with hearing loss, and again I spoke in Committee about an individual whose significant hearing loss could not be pinpointed to one event and had got progressively worse. Certainly, the six-year limit would have caused problems for that individual to pursue a claim, as it would for claims relating to post-traumatic stress disorder, because that can manifest itself very differently in different people and it may be many years later.
I know the time limit is supposed to be from the point of diagnosis, not from the point of first symptoms, but even at the point of diagnosis the link would still need to be made to service, and if that was not done in a timely way, it would prevent further progress of a claim. Another such issue I have spoken about is that of the nuclear test veterans, who 60 or 70 years on are still looking for stuff, but they would be prevented from making any claims under this. It is notable that we should be making it easier for our personnel to make claims against the MOD when the MOD is seen to be negligent, but as has already been said, this legislation seems to be crafted specially to protect the MOD, not the personnel themselves. We should all be quite concerned about that, so we will be supporting Lords amendment 4 today.
Finally, on Lord Dannatt’s amendment—Lords amendment 5—which ensures care and support for personnel involved in investigations, I cannot see why every Member of this place should not be supporting it. I know the Minister has spoken about the reasons why the Government are not supporting this, but if all these structures are in place just now, why do we still have personnel who are not getting that support at the moment? If that support is already there and is not working, then we do need something, and if it has to be statutory, then it should be statutory.
I will finish my comments by saying that I hope, with the change of Minister, that we do see a change of attitude. I know it will surprise Government Members, but occasionally Opposition Members may have points that are worth consideration. We are not always out to get you, although I will not be putting that on social media. I think there has to be an acknowledgment and a recognition of the experience that Members across the House can bring to legislation, particularly legislation such as this. I will, finally, just thank the Minister for his input today, and we certainly look forward to working with him in the future.
Let me begin by warmly congratulating my hon. Friend the Member for Aldershot (Leo Docherty) on his promotion. He started his Government career as the Parliamentary Private Secretary to me, so I congratulate him in particular on overcoming that disadvantage and acquiring a job that I know he will enjoy, and I am sure he will do it extremely well. I congratulate him too on the way he has handled the business this afternoon. It is no easy task to deal with something this complex, and certainly not when given it at almost a moment’s notice.
I want to follow on from what my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) has said. I support the Government’s move to change their approach to Lords amendment 1, but like my right hon. Friend, I am concerned about whether they have gone far enough. Like everyone who has spoken so far and I am sure a large number of people more broadly, I support the intention of this Bill. It is clearly the right thing for us to do collectively to offer what reassurance we can to armed services personnel that they will not be pursued through the courts for offences that are either illegitimately alleged or interminably investigated. I also take the points that have been made about the need to improve investigation. However, like my right hon. Friend, I want to confine my remarks to Lords amendment 1 and the Government’s amendment in lieu.
(5 years ago)
Commons Chamber
The Prime Minister
I think students should choose the Turing project because it is fantastic and reaches out across the whole country. I believe, by the way, that they should reject the SNP—a Scottish nationalist party, Mr Speaker—because it is failing the people of Scotland, failing to deliver on education, failing on crime and failing on the economy. I hope very much that the people of Scotland will go for common sense. Instead of endlessly going on about constitutional issues and endlessly campaigning for a referendum, which is the last thing the people of this country need right now, I think people want a Government who focus on the issues that matter to them, including a fantastic international education scheme like Turing.
The Prime Minister
My right hon. and learned Friend has been a great champion of the arts and culture sectors, and he is completely right about the role that they can play for young people in the recovery. That is why we hope that the massive £2 billion recovery fund that we have given to thousands of theatres, orchestras, choirs, music venues and others will be used for the benefit and the cultural enrichment of young people up and down the country.
(5 years, 3 months ago)
Commons Chamber
The Prime Minister
I make common ground with the right hon. and learned Member for Holborn and St Pancras: it is thanks to our United Kingdom NHS, and thanks to the strength of UK companies, that we are able to distribute a life-saving vaccine across the whole of our country. I think that is a point that the right hon. Member for Ross, Skye and Lochaber (Ian Blackford) might bear in mind.
Most of us do appreciate the difficulty of the judgments my right hon. Friend is having to make, so I thank him, in particular, for the access he has given Members of this House to the Government’s medical and scientific advisers so that we can understand them better. Does he agree that just as it is important that everyone understands the reasons why we have gone into a national lockdown, it is just as important that everyone understands the circumstances that will allow us to leave it? Can I therefore ask him—although I appreciate that he cannot yet give a date—to be more definitive that when a specific point has been reached in the vaccination of priority groups, with the consequent reduction in the risks of hospitalisations and deaths, then the balance of risk between health, on the one hand, and livelihoods and learning, on the other, will be significantly different, and restrictions can be lifted?
(5 years, 4 months ago)
Commons ChamberFor the first time in 10 years on a matter of policy, I will be voting against my Government tonight. That is not because I am unwilling to share responsibility for difficult decisions—I took my share in Government and I have voted for every set of covid restrictions that the Government have proposed so far—and not because I oppose a move away from nationwide restrictions towards a localised tiered structure. I do support that, but the logic of that approach is that we make the restrictions as local as we can, consistent with accurate and reliable virus data. We have that data at borough and district level, so why do we not consistently impose our restrictions at that level?
I am afraid that the Government have been heading in the opposite direction. My county of Warwickshire was assessed alone the last time tiered restrictions were imposed, but this time it has been assessed as part of a much wider area that includes Coventry and Solihull. That means that the restrictions soon to be faced by the people of Warwickshire, and even more so in south Warwickshire, are bound to be based on data less relevant to where they live. My Warwickshire colleagues, including the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Stratford-on-Avon (Nadhim Zahawi), and the Vice-Chamberlain of Her Majesty's Household, my hon. Friend the Member for Nuneaton (Mr Jones), as members of the Government, and I have been working together to have Warwickshire considered separately again and to ensure that everything possible, including new testing, is done to control the virus. However, it is difficult to explain to our constituents why they will be waking up to tier 3 restrictions tomorrow morning. The case rate in Warwickshire was higher when we went into the November lockdown in tier 1 than it is as we come out of it into tier 3, and in my constituency in south Warwickshire it is even lower.
This is not just an inconvenience; it is profoundly damaging to hospitality businesses in particular, which will be obliged to close during the most lucrative part of the year. Let us be clear: a decision to relax restrictions at a review on 16 December would take effect only from 19 December, meaning that most, if not all, of the crucial pre-Christmas season would be lost in an area where the visitor economy is crucial. Some of the businesses I am talking about will not survive further economic damage inflicted by these tiered restrictions, which are a blunter instrument than they need or ought to be. I am being asked to support them for my constituents based either on data that is out of date or on data that applies to different places. This is not just a parochial point. In the management of this pandemic, it really matters that we can be sure that the Government are restricting only where they have to. If they impose restrictions when they are not justified, people are less likely to obey them when they are justified. That will make the Government’s already difficult job harder and do much wider and more lasting damage.
(5 years, 5 months ago)
Commons ChamberThere are three questions here. How did we get into this situation? What do we do about it now? How do we find our way out of it? Much has been said about whether we should have done this or other things earlier. When the crisis is passed, there should be a full and detailed examination of decision making in response to the pandemic. When the time comes for that I will fully support it, but that time is not now. We have more immediate questions to answer.
This House has to take decisions today on the basis of where we are, not on where we wish we were. We have to make those decisions, as so often, on the basis of imperfect information and in the knowledge that all our options will harm someone. I respect the fact that different Members of this House can, for good and decent reasons, come to different conclusions on that. I do not dispute for a moment the human and financial cost of the measures, but it seems to me that the preponderance of the scientific evidence we have seen is telling us that if we do not take a decision with damaging consequences, we face an outcome with devastating consequences. For that reason, I will support the measures today.
At times of threat, we act to protect the most vulnerable members of our society, even when it hurts the rest of us. That is who we are as a nation. Whatever else the pandemic changes, it must not change that. The Government’s job is not just to react, but to plan for the future. On this, I have to say that I do not think the Government have said enough. We must now accept the need to live with this virus in the longer term. It is simply impossible for businesses or individuals to manage their lives if we are to find ourselves continually and unpredictably in and out of lockdown, so these measures may be a short-term strategy, but they cannot be a long-term one.
In a second lockdown, everyone knows that it can happen more than once. What was tolerable as a one-off looks less so when it seems like a repeated occurrence. As others have said, lockdown is hard on our mental health and harder still when it is dark and wet outside, and I am afraid that all this affects likely compliance with these restrictions. If people do not comply, the health benefits of a lockdown disappear altogether. There must be clarity on how we come out of these restrictions, not just on what date the Government hope that we do. The Government must say clearly what objectively we need to see to have these restrictions lifted, so that everyone can see the way out of them as well as the way in, thereby, I hope, making it more likely that people will comply with them and that they will have the desired effect.
(5 years, 6 months ago)
Commons Chamber
The Prime Minister
I thank my hon. Friend very much. The best way for us all to be sure that such lamb can be sold throughout the whole United Kingdom is to vote for this Bill, and to protect the economic integrity of the UK. [Interruption.] To answer the questions that are being shouted at me from a sedentary position, last year we signed the withdrawal agreement in the belief, which I still hold, that the EU would be reasonable. After everything that has recently happened, we must consider the alternative. We asked for reasonableness, common sense, and balance, and we still hope to achieve that through the joint committee process, in which we will always persevere, no matter what the provocation.
I am grateful to my right hon. Friend for giving way, and I want to ask him, if I may, about the ministerial code. When I was the Attorney General in the previous Government, I was happy to confirm that the ministerial code obliged Ministers to comply with international as well as domestic law. This Bill will give Ministers overt authority to break international law. Has the position on the ministerial code changed?
The Prime Minister
No, not in the least. My right hon. and learned Friend can consult the Attorney General’s position on that. After all, what this Bill is simply seeking to do is insure and protect this country against the EU’s proven willingness—that is the crucial point—to use this delicately balanced protocol in ways for which it was never intended.
The Bill includes our first step to protect our country against such a contingency by creating a legal safety net taking powers in reserve, whereby Ministers can guarantee the integrity of our United Kingdom. I understand how some people will feel unease over the use of these powers, and I share that sentiment. I say to my right hon. and learned Friend that I have absolutely no desire to use these measures. They are an insurance policy, and if we reach agreement with our European friends, which I still believe is possible, they will never be invoked. Of course, it is the case that the passing of this Bill does not constitute the exercising of these powers.
I will endeavour to prove that the best advocacy can be the most concise.
There is a great deal in the Bill that I support and that is necessary, sensible and desirable. However, there is one important part of the Bill that creates very real difficulty for me and many others, and I want to go straight to the rub of that point. Part 5 of the Bill, as it stands, gives me real concern as to its leading the United Kingdom into a breach of our international obligations and the law that stems from them. That is, as many others have observed, not something that any country should do, save in the most extreme and pressing circumstances.
The difficulty arises in relation particularly to clauses 42, 43 and 45. They are different from the rest of the Bill, because they give very wide-ranging powers indeed to Ministers to disapply elements of the withdrawal agreement and the protocol, which have the force of international law, by regulation. These are measures of a very sweeping kind, involving any kind of legislation and any part of the agreement, not just those related to the protocol, and appearing to oust the jurisdiction of the courts in any respect. I question whether their being so wide can be justified.
My other concern is that the way the clauses are phrased at the moment runs the risk of bringing us into breach of our legal obligations before it is necessary. I heard what the Prime Minister said about an insurance policy, and I heard what the Lord Chancellor has said about a “break the glass in emergency” provision. That is fine, but it seems clear from the protocol that there are steps that must be gone through first and exhausted before that can properly be done. The most important part to bear in mind is that if article 45 is brought into force immediately after Royal Assent, we would at that point have disapplied the concept of the direct effect of European law, which is part of the agreement we signed up to and which this House passed less than a year ago. So bringing it into force on Royal Assent is needlessly provocative to our negotiations and needlessly undermines our reputation for sticking to the rule of law.
There are also provisions that bind us to act to resolve disputes only through the arbitration process, which is set out in the withdrawal agreement. Article 168, which we have signed up to, states that
“the Union and the United Kingdom shall only have recourse to the procedures provided for in this Agreement.”
There are detailed procedures and timelines for that.
It seems to me that we should be very careful about moving forward with bringing these clauses into force until every opportunity to resolve any dispute has been carried out through the arbitral mechanisms. Only then, and if it is necessary because the EU has not responded to a result of the arbitral mechanism—
Does my hon. Friend agree that one thing that should give us some optimism about the use of the mechanisms that he is describing is the specific references to the defence of the Good Friday agreement and of Northern Ireland’s status as part of the United Kingdom in the protocol and the withdrawal agreement themselves?
My right hon. and learned Friend is absolutely right. That is, I think, the best approach for us to take. We should stick to the letter of those provisions, as that gives proper defence of our strategic interests. For example, there is the safeguard provision in article 16, which would enable us to act if, in extremis, the stability of the situation in Northern Ireland and the Union was threatened, but we could do that while maintaining the moral high ground and our intellectual reputation. I see that the Chancellor of the Duchy of Lancaster is listening. I hope that he will be able to go further than the Prime Minister, either tonight or in the course of debates on the Bill, and assure us that those provisions will not be brought into effect unless and until every one of the legal mechanisms open to us has been exhausted and unless and until there has been a specific vote of this House—not by a statutory instrument, which does not give enough scrutiny for such a constitutionally significant issue, but by a specific resolution. That is why my amendment seeks to give the Government an opportunity to have that “break the glass in emergency” provision, but without our triggering a breach of the international legal obligations before it is absolutely necessary.
The majority of the Bill is sensible and necessary for an effective United Kingdom single market when we are no longer subject to EU rules. My issue, as for others, is clauses 42, 43 and 45, which take what was agreed less than a year ago about the primacy of the withdrawal agreement over domestic law and reverse it. They are not a clarification but a contradiction of that agreement, and the Government are very clear about this: doing that would be breaking international law.
I agree that it is possible to break international law without automatically breaking domestic law. It is also true that Parliament is sovereign, and it can choose to break international law if it wants to, but the fact that an international law breach is not a domestic law breach and is not unconstitutional does not make it a good idea. The blatant and unilateral breach of a treaty commitment could be justified only in the most extreme and persuasive circumstances. The Government say that such circumstances are those in which no ongoing trade arrangement is made with the EU and where the Joint Committee established under the withdrawal agreement to resolve problems of interpretation is unable to do so, leaving the UK in an impossible position.
That is the nub of the argument, is it not? These are exceptional circumstances. We are about to negotiate by far the most important agreement that this country has reached for the last 40 years. In those highly dynamic circumstances it is right that this Parliament should give the Government sufficient flexibility to get the best possible deal for Britain. That is what this is about, and that is why we should support the Bill.
If my right hon. Friend will allow me, I will address exactly that point and what the Government could be doing instead of what they are proposing to do. Let me say first that the possibility of reaching no trade agreement and of deadlock in the Joint Committee was foreseeable yet when the withdrawal agreement was signed, and again when it was legislated for, the Government did not say that the risk of the outcomes they rely upon now undermined the deal on offer; they said then and they say now that this was a good deal. So what has changed?
That leads to the argument to which my right hon. Friend refers: that, unexpectedly, the European Union is now adopting an interpretation of the Northern Ireland protocol so outrageous and so far from a rational reading of that protocol that we could not have seen it coming and we could not possibly accept it, leaving no option but to abrogate ourselves the relevant parts of the protocol. But the withdrawal agreement sets out a mechanism for resolving disputes about interpretation, involving binding independent arbitration and penalties including the suspension of obligations under the agreement. If the EU’s new approach is so far from what the agreement intended, why would the Government not succeed in using that mechanism?
The answer is that any question in European law, under article 174 of the withdrawal agreement, has to be referred to the European Court of Justice, and the Court is acting not on behalf of the 28 as before, but on behalf of the 27. We know it is a political court.
My right hon. Friend might be right to be sceptical about the Court of Justice of the European Union, but the issue likely to arise here is not a question of European Union law; it is a question whether there is compliance with the withdrawal agreement signed by both sides. That does not necessarily raise a question of European law; nor, in my view, is it likely to. It raises a question of treaty law and whether or not this is being abided by in good faith.
I accept that the Government have a problem, but I cannot accept that the proposed solution is either necessary or right. International law matters. The rules that bind nations underpin what the United Kingdom says on the world stage on a variety of subjects, from the Skripal poisonings to the treatment of the Uyghur people to the detention of Nazanin Zaghari-Ratcliffe. We speak often, and rightly so, of the rules-based international order as the foundation of freedom and justice in the world and of our security. The rules referred to are, of course, rules of international law. If we break them ourselves, we weaken our authority to make the arguments that the world’s most vulnerable need us to make. Nor is it in our long-term diplomatic or commercial interests to erode the reputation we have earned for the strength of our word and our respect for the rule of law—a reputation that, ironically, we will rely on more than ever when the Brexit process is complete.
I do not believe that my right hon. Friend the Prime Minister or his Ministers wish to undermine that reputation, but I do believe that if Parliament were to give Ministers the powers they are asking for, and if they were to be exercised, we would all come to regret it. That is why I cannot vote for the clauses as they stand, or for a Bill that contains them.
(5 years, 9 months ago)
Commons Chamber
The Prime Minister
Of course they should be eligible for those, but as I have said to the right hon. Gentleman repeatedly in the Chamber, those who have no recourse to public funds do have access to the coronavirus job retention scheme, the self-employment income support scheme, the measures that we have introduced to protect renters and the mortgage holiday for those who need it. When an individual has been working for long enough in the UK and enough national insurance contributions have been made, they may also be entitled to employment and support allowance. Although “no recourse to public funds” sounds as though it means just that, it is a term of art. There are many ways in which we support the poorest and neediest in this country. We are proud to do so, and we will continue to do so.
I welcome efforts by companies such as Facebook to make the internet a safer and less misleading place. I know my right hon. Friend will agree that we cannot leave online platforms to regulate themselves, so may I urge him to allow no further delay in bringing forward the Government’s response to the online harms White Paper consultation and legislation that will enable this country to play the global leadership role on this that it can and should play?
The Prime Minister
I know that my right hon. Friend has campaigned on this issue, and I remember the interest that he has taken in online harms. They are an evil. There is a real risk that, during the lockdown, terrible things have been going on behind closed doors and closed curtains in this country on the internet. We had a summit on the matter in No. 10 recently, and we are working at pace, as he knows, on new legislation against online harms.
(6 years, 1 month ago)
Commons Chamber
The Prime Minister
We are proceeding with the whole of the HS2 plan, but, as the House will appreciate, given what has gone before, it is right that we interrogate the methods and costs as we go forward with phase 2b.
My right hon. Friend knows that I do not agree with the decision he has reached on HS2, but I respect the fact that it was a difficult decision and I am grateful to him for listening to both sides of the argument before he made it. Now that it is made, is it not right that HS2 Ltd needs not just to compensate more swiftly and more fairly than it has, but to communicate better than it has with those affected by the line? Will he make that specifically part of the remit of the new HS2 Minister?
The Prime Minister
My right hon. and learned Friend is absolutely right. The record of HS2 in engaging and communicating with local people has been woeful, and we will ensure that that changes from now on.