Product Regulation and Metrology Bill [Lords]

Jim Allister Excerpts

2nd reading
Tuesday 1st April 2025 Commons Chamber

[Jim Allister (North Antrim) (TUV)]

Forgive me for bringing the Commons back to the purpose of Parliament. Its historic purpose is to make laws for our constituents and to hold the Executive to account. That is the fundamental that has been loosened by this Bill. Although it is entirely skeletal in form, the Bill’s effect is very far-reaching indeed.

It is quite obvious that the Bill has a clear purpose, which is to align Great Britain with the EU single market on goods. If it were not so, we would not have clause 2(7). The standard that is set in that clause is the EU standard. If the Bill was just about creating the opportunity to make regulations because of a regulatory gap, it would not be tethered to the EU provisions on goods. It would be open ended, and we would be free to make the choice that best suited us. However, the giveaway clause in the Bill is clause 2(7). That lets the cat out of the bag, as indeed did the hon. Member for Walthamstow (Ms Creasy) when she quite clearly indicated that that was the direction of travel that she sought. Therefore, that is the purpose.

When we look at clause 1(2), we again have the open affirmation of the desire to make the compliance with “relevant EU law”, so it is abundantly clear that this is a creation to realign us with EU law. The intent is to create this vehicle for realignment without voters noticing. Of course that means realignment with laws that we do not make and that we cannot change because they are made by a foreign Parliament. The ambition in this Bill in respect of clause 2(7) is to disenfranchise—as has happened already in Northern Ireland by our subjugation to the EU single market and all its rules—the people of the United Kingdom, so that, in their entirety, they are at the Government’s whim and can be subjected to laws they do not make and cannot change. That then inextricably ties us to the European Court of Justice. It is the ECJ that mediates and deliberates on those laws that this Bill wishes to tie us to. Therefore, it is an attempt to tie us not just to the EU single market, but to the court that rules the EU’s single market.

[Kirsty Blackman (Aberdeen North) (SNP)]

On the point the hon. and learned Gentleman is making about enfranchisement and the fact that he wishes this Parliament to be in control of the powers that it has, does he agree that it would be sensible for the UK Government to ensure that, where powers are devolved to the Scottish Parliament, for example, they seek consent from Scottish Ministers rather than just legislating? The Bill, as currently drafted, allows Ministers here to legislate in areas of devolved competency, much as he is making the case that the EU court would be allowed to do.

[Jim Allister]

One critical thing about the Bill is that, under the Sewel convention, it does not extend to secondary legislation. It does not extend to statutory instruments. The Bill drives a coach and horses through the Sewel convention as far as devolution is concerned, because it heaps all the powers into statutory instruments. One might expect such a bold move to realign the United Kingdom with EU law to be an up-front piece of legislation. I do not think that that is too much to ask—that it should be plain and clear for all to see. Instead, it is to be conveyed in these statutory instruments. And statutory instruments, as we know, are those that, in the main, pass through unnoticed. We have all been to Delegated Legislation Committees. We know that they are farcical in that the Minister comes in with a brief, which is simply rigidly read, and Members nod the motion through. It is a farcical way to make legislation of any sort.

[Jerome Mayhew]

Much of this debate has been about whether this Bill leads us to dynamic alignment. The Government’s position is that it does not and that this is all a mirage and a fantasy. If that is the case, does the hon. and learned Member agree that a simple amendment to this Bill to make that clear would go a long way to reassuring Members.

[Jim Allister]

Absolutely. If the Government are not—as many of us suspect—following a deliberate approach of circumventing debate in this House on key realignment issues, and is seeking rather to channel it through statutory instruments, then call our bluff, change this Bill in that regard. But this idea of skeleton legislation, which sets up the powers that have been taken from Parliament and given to the Executive, is something which, historically, this party of Government have railed against.

Indeed, within a week of Second Reading in the other place, the Attorney General gave the Bingham lecture. He said:

“excessive reliance on delegated powers, Henry VIII clauses, or skeleton legislation, upsets the proper balance between Parliament and the executive. This not only strikes at the rule of law values…but also at the cardinal principles of accessibility and legal certainty. In my view, the new Government offers an opportunity for a reset in the way that Government thinks about these issues. This means, in particular, a much sharper focus on whether taking delegated powers is justified in a given case, and more careful consideration of appropriate safeguards.”

That was the Attorney General. Where did that go to?

[Sir John Hayes]

I am interested in the Attorney General’s view, and we should take it seriously. Does the hon. and learned Gentleman recognise that primary legislation in this place metamorphosises in its passage through scrutiny? I have been involved in many Bills, as shadow Minister, Minister and Back Bencher, and that is precisely what happens. Ministers listen to argument, and as Bills return to the House, they reflect that argument both from here and in the Lords. Secondary legislation does not go through that process. That is why it is so important that the Bills we pass here do not contain the kind of permissive powers that facilitate so much secondary legislation.

[Jim Allister]

The right hon. Member is absolutely right. If one wanted to realign the United Kingdom with the EU, the easiest passage would be by statutory instruments. That is why that is the chosen mechanism here.

I have one final point. This Parliament traditionally and properly makes the law on criminal offences. We set the tariffs. Sometimes we say what the minimum penalty for a criminal offence is, but we always say what the maximum penalty is. We say what the content is of the criminal offence—what are the actus reus and the mens rea. But amazingly under clauses 3(9) and 3(11) and clauses 6(9) and 6(11) of the Bill we are going to make criminal offences by statutory instrument. Surely we have lost the run of ourselves if we think it is appropriate to make criminal offences in that essentially uncontrolled manner. It deprives this House, and therefore those we represent, of the very careful scrutiny that should always go into making something a crime. That is but another of the fundamental flaws of this undeserving Bill.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. Dr Prinsley, I am told that your speech is just a few minutes long, so I hope you will honour that.

Royal Mail Takeover

Jim Allister Excerpts

Monday 16th December 2024 Commons Chamber

[Justin Madders]

My hon. Friend is absolutely right. One of the biggest assets in the Royal Mail is the workforce itself. That is widely understood not just on the Labour Benches but by the EP Group. As I said, commitments have been made between the trade unions and the EP Group on job security. I hope that goes some way to dealing with her concerns.

[Jim Allister (North Antrim) (TUV)]

When I visited the two depots in my constituency last week—I join Members in thanking our posties—I noticed how run down and aged the van fleets are. Will there be an upgrade of Royal Mail fleets as part of this deal? Given the Minister has said that the Government’s golden share does not extend, maybe understandably, to operational matters, is the takeaway today that there can be no assurance for my rural constituents that their service will be maintained at the level that they expect?

[Justin Madders]

I can assure the hon. and learned Member that there is nothing in the deal that affects the universal service obligation, and it is our understanding and commitment to continue to ensure that there is a universal service obligation moving forward. There are commitments in the agreement to deliver more investment. On the van network, I know that Royal Mail has purchased a number of vans in recent times, conveniently from the Stellantis plant in my constituency. Hopefully, that will be replicated throughout the country, because it is an ageing fleet. As the company has ambitious targets to meet net zero, I think it wants to improve the make-up of the stock.

Draft Radio Equipment (Amendment) (Northern Ireland) Regulations 2024

Jim Allister Excerpts

Tuesday 12th November 2024 General Committees

[Jim Allister (North Antrim) (TUV)]

Of itself, of course, there is nothing controversial about the type of USB charger that one might use, but there is something very controversial in Northern Ireland, quite appropriately, about the source of this legislation. Here we are in this Parliament of the United Kingdom and all it can do is to nod through someone else’s laws.

The decision that in Northern Ireland a person must have the EU-style USB charger flows from a decision by parliamentarians in a foreign power. It was the parliamentarians of 27 other countries who decided that this would be the common charger to be used. And, of course, it was the protocol now called the Windsor framework—which did not change one word of the protocol—that decreed that Northern Ireland, in 300 areas of law, of which this is one, would not be subject to the laws made in this place, or in its devolved Assembly.

[Neil Coyle (Bermondsey and Old Southwark) (Lab)]

Would the hon. and learned Member just remind us how Northern Ireland voted in the Brexit referendum?

--- Later in debate ---

[Jim Allister]

The Brexit referendum was a national vote, and it asked a simple question: “Do you want the United Kingdom to leave the EU?” It did not ask the question, “Do you want GB to leave, and leave Northern Ireland behind?” That is what we got, in that this United Kingdom surrendered control over those 300 areas of law to that foreign Parliament. The hon. Member may be comfortable with the fact that my constituents are disenfranchised in the making of the laws that govern them. I wonder whether he would he be so comfortable with that fact if it was his constituents who were disenfranchised in the making of laws, in those 300 areas, that govern them—I suspect not.

All I ask is that my constituents have the same rights —the same enfranchising rights—as everyone else’s constituents in Great Britain. Is that too much to ask? And yet, in the making of this regulation, this Parliament is answering that question: it is too much to ask, because Northern Ireland, we are told, must be subject to foreign colonial rule. That is what it is. When we say to an area, “You will be governed by laws, not that you make, or that your Parliament makes, but that a foreign Parliament makes,” that is the very essence of colonial rule, and that is what we are subjected to.

The degree to which the Government—of course, this was done under the previous Government—have abandoned sovereignty over Northern Ireland is illustrated by the explanatory document that accompanies these regulations. It says that there will be limited impact, but that the Government did not conduct an impact assessment. Why not? Well, paragraph 9.1 of the explanatory document tells us:

“A full Impact Assessment has not been prepared…because measures resulting from the European Union (Withdrawal) Act 2018 are out of scope of assessment.”

So laws that will affect my constituents are “out of scope” of assessment by this Parliament, and this Government, because the right to make those laws was given away to the European Parliament.

This is not about whether, in itself, the type of USB is controversial or not. It is about the constitutional point that Northern Ireland has been disenfranchised—robbed of the right to have its laws made in its own country, and robbed of the right, now, to even have an impact assessment, because those 300 areas of law are beyond the scope of assessment. That is why, for this proposal, there is only an EU impact assessment—no UK impact assessment. That, in a way, says it all.

[George Freeman (Mid Norfolk) (Con)]

The hon. and learned Member is making a powerful and coherent argument. I think what he is saying is that this may or may not be a good law, but that he would have liked its impact to have been assessed properly and the people of Northern Ireland to have had a say on it—the say that he has in the Committee today. Does he think, overall, that this is a good law, albeit one that, constitutionally, he would have preferred to have been passed a different way?

[Jim Allister]

I said that what type of USB is used is not particularly controversial. But how it is made and imposed could not be more controversial, because it is imposed through the avenue of disenfranchising the people of Northern Ireland and saying, “You will have no say over whether it is a good or bad law. It is someone else’s law, and it will be imposed upon you.” That is the mischief that I am addressing. In that mischief lies the reason why this Parliament should not be a nodding dog to someone else’s regulation.

The Minister tells us that the Government will probably bring the same requirements into GB. That is well and good, but it should have been the Government—not a foreign jurisdiction—that were bringing the prescription for the type of USBs into the whole of the United Kingdom. They should not have surrendered control over that to a foreign power.

Post Office Horizon: Redress

Jim Allister Excerpts

Monday 9th September 2024 Commons Chamber

[Jonathan Reynolds]

People are aware that it is fairly challenging to have a situation in which justice is devolved across the United Kingdom. At times that has very much affected the debate in this House. I believe that what the hon. Gentleman says is the case, but I will write to him about the Northern Irish situation to give him the information that he needs.

[Jim Allister (North Antrim) (TUV)]

I welcome the Secretary of State’s announcement and look forward to things proceeding to the necessary conclusion. Redress is about righting wrongs, but there was more than one wrongdoer—there was also Fujitsu. Last week, the Prime Minister told us that firms that had fallen short in relation to Grenfell would be removed from Government contracts. Bearing in mind Fujitsu’s actions and that there was at least one suicide, will it be treated in the same way? Will there be redress against its unlawful actions as well?

[Jonathan Reynolds]

I agree with the hon. Member. That is a crucial and important question. I welcome Fujitsu acknowledging its moral responsibility in relation to these matters. I understand that it is participating fully with the Sir Wyn Williams inquiry. We will need that inquiry to conclude. We should not pre-empt that in any way and take any decisions before that process has been gone through properly, given that we all support it. Accountability will flow from the inquiry. It will be an important step and it will affect many, many organisations that have been part of this story. Fujitsu will clearly be one of them.