Northern Ireland Protocol Bill

Joanna Cherry Excerpts

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.

--- Later in debate ---

[Mr Lammy]

My right hon. Friend is exactly right. I have been to Washington on three occasions in the past six months, and I can say that across the political divide, Republicans and Democrats have raised the issue. On my most recent visit, they were aghast; they had not seen the content of the Bill at that stage, but they were aghast at the proposition. Perhaps the Northern Ireland Secretary might tell us what our American friends and allies have said in relation to the Bill now that they have seen the draft.

My second question is whether the Bill is in the best interests of this country. As we stand here today, Britain faces the worst cost of living crisis in decades. Inflation is at more than 9%, bills are rising, energy costs are soaring and supply chains are under pressure. It beggars belief why, at this time, the Government would choose to risk new frictions in our trading relations with the EU. They cannot get away with abdicating responsibility for this reckless conduct. If we choose to break a contract, we cannot plausibly expect the other side to take no action in response. We cannot claim that we did not foresee the consequences. Of course the European Union would respond, just as we would if the situation were reversed. I will wager that the Foreign Secretary would be one of the first people to complain if the boot were on the other foot.

A game of brinkmanship with the European Union will only add to our economic problems, but this is not just about economic concerns, important though they are. We must also see the bigger picture. For four months, the Putin regime has fought a bloody war against Ukraine. As a Parliament, we have been united in our support for Ukraine and our staunch opposition to Russia’s aggression. NATO allies and European partners have stood together. How can this be the right moment to deepen a diplomatic row? How can this be the right time to tell our friends and partners that we cannot be relied on? I cannot help noting that some Conservative Members told us that the situation in Ukraine was too serious—that this was not the right time to change Prime Minister. Apparently, however, it is not serious enough to prevent us from starting a diplomatic fight with some of our closest allies.

Thirdly, is the Bill compatible with international law? [Hon. Members: “ Yes.”] Quite simply, the Bill breaks international law. It provides for a wholesale rewrite of an international treaty in domestic law. One of the most troubling aspects is the dangerous legal distortion that is used to justify it. The doctrine of necessity is not an excuse for states to abandon their obligations. It exists to do precisely the opposite: to constrain the circumstances in which states can legitimately claim that their hand has been forced. It requires this action to be the “only way” possible to resolve the issue, but the Government have not used article 16 and still say that a negotiated solution is possible. It requires a grave and imminent peril, but the Government have chosen a route that will involve months of parliamentary wrangling to fix issues such as unequal VAT rates, which no reasonable person could consider a matter of grave peril. It requires the invoking state not to have contributed to the situation of necessity, but the problems are a direct result of the choices that the Government made when negotiating with the European Union. If they were not, we would not need to change the text of the protocol at all.

[Joanna Cherry]

The right hon. Gentleman is making a powerful speech, particularly on the legal points. He has listed all the problems with the Government’s legal note of advice. Does he, like me, find it interesting that, whenever any of us raise these points, no Conservative Member is capable of answering them?

[Mr Lammy]

The hon. and learned Lady knows that there is not a serious Queen’s Counsel in the country who would support the use of the doctrine of necessity in the way in which the Government have sought to use it, and I think that Conservative Members do as well.

--- Later in debate ---

[Dr Murrison]

I am listening to the hon. Gentleman with a great deal of interest. He is right to defend international law and international treaties. Did he raise the concerns he has just expressed when the European Union was busy breaking those treaties—for example, over subsidies to Airbus?

[Joanna Cherry]

Whataboutery!

[Richard Thomson]

My hon. and learned Friend says it very eloquently in one word: whataboutery.

We have been brought here by 40 years of political dysfunction in the Conservative party and the various neuroses it has had over Europe. The exceptionalists of the “punch above our weight” brigade to be found extensively, but not exclusively, within the European Research Group, where research seems to be at a premium, have led us to this point, in the process shredding any reputation that the UK might have preserved either for good, stable government or adherence to international norms.

Whatever the bluff and bluster, and personal agendas that might be at play—I notice that the Foreign Secretary is no longer in her place—it is of course the UK’s exit from the EU rather than the protocol that created this difficult situation, because there were only ever three options that would allow this particular circle to be squared: a return of a border on the island of Ireland, close alignment between UK and EU regulatory standards to reduce the need for checks, or checks to be carried out at the main Northern Ireland ports. The further that there is a diversion from the single market and the customs union, the harder the border then eventually becomes.

Oral Answers to Questions

Joanna Cherry Excerpts

Tuesday 21st June 2022 Commons Chamber

[Vicky Ford]

I will certainly raise that with the Minister responsible, Lord Ahmad.

[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

Joanna Cherry Excerpts

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.

Shireen Abu Aqla

Joanna Cherry Excerpts

Monday 16th May 2022 Commons Chamber

[Vicky Ford]

It is really important that there is a proper investigation—a thorough, fair and impartial investigation—but I repeat that we are concerned by the number of Palestinians who have been killed by Israeli security forces in recent weeks, and we urge thorough and transparent investigations into the deaths of civilians as well. It is really important that there is restraint in the use of force, and we will continue to say that again and again.

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

A constituent of mine who went to school with Shireen Abu Aqla has been in touch to share her sense of helplessness at what seems to be yet another state-sanctioned killing in the occupied territories. She said to me at the weekend that it seems to her that it is always incumbent on the Palestinians to prove their innocence and fight for basic human sympathy for the events that befall them. I fully accept that the killing has to be investigated independently, but having regard to what followed—the raiding of the home, the appalling behaviour of the Israeli authorities at the funeral—can the Minister please answer the question she was asked earlier: will she summon the Israeli ambassador? Clearly, the Minister feels outrage at what has happened—she has been very honest about that—so will she summon the Israeli ambassador to communicate her outrage?

[Vicky Ford]

We have been very clear that we have condemned this killing. We absolutely share the hon. and learned Member’s concern for the distressing and disturbing scenes at the funeral. We have called for a thorough investigation, we have called for respect and dignity, and we call for all parties to reduce the tensions and to come and work together towards peace. Delivering peace is what Shireen would have wanted and is what we all want.

Prime Minister’s Visit to India

Joanna Cherry Excerpts

Tuesday 26th April 2022 Commons Chamber

[Mr Speaker]

Subject to being on the Order Paper and being taken, I must admit, because otherwise everybody will think they have an entitlement.

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

While the Prime Minister was away in India, the London School of Economics published research showing that our trading relationships with the EU have plummeted by one third since the Prime Minister signed that trade deal and it came into effect. Will the Minister tell the Prime Minister when she sees him after this UQ that no free trade deal he could ever achieve with India will replace the damage done to Britain’s international trade by Brexit?

[Vicky Ford]

I know the Prime Minister keeps a close eye on trade and economic numbers and on the prosperity of this country at a very difficult time for world prosperity.

Oral Answers to Questions

Joanna Cherry Excerpts

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?

[James Cleverly]

I can assure the hon. and learned Lady and the House that we have a strong international relationship with Spain and we are able to raise all kinds of issues. I am not going to speculate or comment on the details that she has raised, as I have no way of corroborating them, but I can assure her that this Government will always stand up for the rule of law and our willingness to support it.

Executions in Saudi Arabia

Joanna Cherry Excerpts

Monday 14th March 2022 Commons Chamber

[Amanda Milling]

Let us be really clear. The international community and the UK have been absolutely clear throughout that the Russians’ invasion of Ukraine was unprovoked, unjust and illegal, and we will do everything we can to limit Putin’s ability to wage war. On human rights, let us be clear: we call out human rights violations where we see them.

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

I am puzzled as to why the Minister is so shifty about the existence of this memorandum of understanding on judicial co-operation—

[Mr Speaker]

Order. Can I just say I am not comfortable with the use of the word “shifty” in the House, especially when it is a straight accusation to the Minister? Whatever we might think, I am sure that the hon. and learned Lady, with her good language from her court days, can come up with a nicer way of putting it.

[Joanna Cherry]

I am happy to put it more politely, Mr Speaker. I am puzzled as to why the Minister is so evasive in respect of the persistent questioning about the existence of this memorandum of understanding on judicial co-operation. If it does not exist, why does she not just say that it does not exist? If it exists, why can we not see a copy? Why can she not tell us whether there is a human rights risk assessment and publish that?

[Amanda Milling]

I do not know about being described as shifty, but I have been really clear about what we do as a UK Government in terms of raising human rights with the Saudi authorities. Saudi Arabia remains a human rights priority country and, as I say, Ministers and the ambassador all raise concerns about human rights.

Oral Answers to Questions

Joanna Cherry Excerpts

Tuesday 8th March 2022 Commons Chamber

[Amanda Milling]

I thank my hon. Friend for his question and let me be absolutely clear that the UK is in no doubt about its sovereignty over BIOT. We were disappointed that Mauritius turned a scientific survey into a political stunt; the raising of Mauritian flags on outer islands of BIOT was an unhelpful way to approach a bilateral dispute. We removed the flags planted by Mauritius on BIOT. There certainly seems to be a range of reactions from Chagossians to this event; it is also very interesting to hear about my hon. Friend’s constituents, and I pay tribute to him for all his work representing Chagossians living in Crawley.

[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.

Nazanin Zaghari-Ratcliffe

Joanna Cherry Excerpts

Tuesday 16th November 2021 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Sir Charles. I congratulate the hon. Member for Hampstead and Kilburn (Tulip Siddiq) on securing the debate and on her hard work on this serious issue. I pay tribute to her constituent, who is sitting behind me. Along with many other MPs, I was privileged to visit him during his hunger strike.

The facts are stark. A British citizen has been detained for five and a half years on unsubstantiated allegations of spying. Successive Conservative Foreign Secretaries have failed to secure her freedom. No less than three distinguished former Foreign Secretaries have said that the debt to Iran should be paid so that Nazanin can come home.

I will keep my comments brief. There have been some good articles about the case in the newspapers over the weekend, particularly The Times and The Observer. I am grateful to them for informing the questions that I will ask of the Minister.

First, why is the Prime Minister still refusing to settle the acknowledged £400 million debt to Iran incurred before the ’79 revolution? Why has he let that unjustified failure to pay up bedevil the talks? Why are the Government saying that bank transfer restrictions arising from international sanctions prevent payment? Is that not untrue? Surely the Government can find legal ways around rules that they helped to create. As we have already heard, the United States settled a similar debt in return for the release of four American hostages.

[Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)]

The hon. and learned Lady is presenting a forensic case in her usual style. Does she agree with the International Observatory of Human Rights that one way around that issue might be to use humanitarian aid?

--- Later in debate ---

[Joanna Cherry]

Yes, indeed. I will come to that.

Secondly, why has the Prime Minister failed to honour the personal promise to pay the debt that he made as Foreign Secretary to Mr Ratcliffe and, indirectly, to the Iranians? That promise was a blatant attempt to compensate for the disastrous blunder that we have heard about when he misrepresented Nazanin’s activities in Tehran. Why will the Prime Minister not keep his word and his promises, particularly when the life of a young mother is at stake?

Thirdly, why are the Prime Minister and the Foreign Secretary persisting with the Foreign, Commonwealth and Development Office’s non-confrontational softly-softly approach? Let us be honest: the Government are not exactly known for their non-confrontational softly-softly approach when it comes to the European Union or the vexed question of the north of Ireland. In this respect, their approach has failed completely. It is not about paying a ransom; it is about the credibility of the British Government abroad and the confidence of British citizens in their Government. When will the Prime Minister take a tougher line with Iran than with the European Union?

Hong Kong: Electoral Reforms

Joanna Cherry Excerpts

Wednesday 10th March 2021 Commons Chamber

[Nigel Adams]

I pay tribute to my hon. Friend for her work as the Prime Minister’s envoy for freedom of religion or belief. We are deeply concerned about the issues that she has raised, and about the severity and scale of violations and the abuses of freedom of religion or belief in many parts of the world, including China. Religious intolerance and persecution are often at the heart of foreign and development policy challenges. Where freedom of religion or belief is under attack, other human rights are often threatened too, as she knows full well. The prosperity of Hong Kong and the way of life relies on respect for those fundamental freedoms. We are committed to defending freedom of religion or belief for everyone.

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

As the hon. Member for Congleton (Fiona Bruce) said, freedom of expression is under attack in Hong Kong like never before. With the introduction of national security education, new censorship guidelines encouraging students and teachers to monitor each other for thought crime, and the removal of pro-democracy academics, the chilling effect on the education sector in Hong Kong is profound. Unfortunately, the UK Government’s visa programme favours the richest in Hong Kong society because of the high costs of the BNO visa route. What steps will the UK Government take to make it easier for students, academics and intellectuals to seek refuge in our democracy?

[Nigel Adams]

We are actively encouraging people and their immediate family members to apply through our new bespoke immigration route. They will be able to come here to live, study and work. They will be able to choose whether to apply for 30 months’ leave in the first instance, followed by a further 30 months, or to apply straight away for five years. Of course, there is an application fee, as well as the associated immigration health surcharge. Since 23 February, applicants have been able to apply via a fully digitally accessed process. We did an impact assessment in October, and we now estimate that between 123,000 and 153,000 BNOs and their dependants could take up the route in its first year. That is a forecast as exact uptake is likely to vary, but, especially looking over five years, potentially between a quarter of a million and 300,000 people will be using this route—something the whole House will welcome.