Northern Ireland Protocol Bill

Debate between Layla Moran and Michael Ellis

Committee stage
Wednesday 13th July 2022 Commons Chamber

[Michael Ellis]

Of course, it takes two sides to discuss such matters and come to a solution. I think it has been accepted by all who have spoken so far that there has been some intransigence on the European Union’s side. That is the clear reality. For example, there have been more than 300 hours of discussions between the parties, over 26 meetings involving my right hon. Friend the Foreign Secretary or her predecessor Lord Frost, and 17 non-papers. I am not sure how much more could be done in terms of negotiation; it does need two sides.

I will move on, as I have several amendments to address and I do not want to interfere with Members’ right to speak in due course.

On amendment 26 and new clause 8, tabled by the hon. Member for Oxford West and Abingdon (Layla Moran), she is right to raise the important issue of this Bill’s relationship with the UK’s international legal obligations. However, the amendment is not necessary. The Government have already published a statement setting out their legal position that the Bill is consistent with the UK’s international obligations. In line with the practice of successive Governments over several years, it summarises our position but does not set out the full detail of our legal advice. That is not something that any Government of any shade can do, and it is quite rare to give such a memorandum.

The statement makes it clear that the strain that the arrangements under the protocol are placing on institutions in Northern Ireland, and more generally on socio-political conditions, means there is no other way of safeguarding the essential interests at stake other than the Bill we propose. There is clear evidence of a state of necessity to which the Government must respond. As in other areas, it would not be prudent for the Government to publish evidence or analysis underpinning every point of legal detail—the lawyers in this House will know that that would be extremely inappropriate—particularly in advance of specific cases arising in potential future litigation. I therefore urge the hon. Lady not to move her amendment.

[Layla Moran]

Will the Minister give way?

[Michael Ellis]

I will because it is the hon. Lady’s amendment.

[Layla Moran]

The Minister is arguing that future litigation is why we cannot see the full legal advice, but it is precisely because future litigation is quite likely that this House deserves to see the full legal advice.

[Michael Ellis]

It is long-standing convention for very good reason that legal advice is not published in full. We know that, famously, from the Labour Government a couple of decades ago, when there was an enormous controversy about that. It stands as a very good reason, as I have discussed. However, we have published a memorandum on the matter that goes some way towards answering the hon. Lady’s question.

I move on to amendments 31 and 32 and new clause 10, tabled by the right hon. Member for Tottenham (Mr Lammy). The Bill is designed to bring swift solutions to the issues that the protocol has created in Northern Ireland. Those solutions are underpinned by the designation of elements of the protocol as “excluded provision”. Put simply, by excluding some elements of the protocol and withdrawal agreement in domestic law, the Bill is able to introduce, with the necessary certainty, the changes that are needed in Northern Ireland.

These amendments, through the conditions they would impose, would undermine the ability to exclude elements of the protocol and therefore undermine the entire operation of the Bill. The first condition in particular—that provision is excluded only if the EU and the UK agree to it—is obviously unworkable. Negotiations with the EU have so far been incapable of delivering the solutions that are needed, so to set that as a condition would clearly be dysfunctional. The second condition—that provision is excluded only if necessary as part of an article 16 safeguard—also fails to meet the needs of the situation. As I have said, article 16 has inherent limitations in its scope in that such safeguard measures could address some trade frictions, but not the broader identified impacts of the protocol.

In sum, the right hon. Gentleman’s amendments would unacceptably caveat the core operation of the Bill. In other words, they would be wrecking amendments preventing it from delivering the swift solutions in Northern Ireland that it is intended to provide, and that is why I ask him not to press them.

Appointment of Lord Lebedev

Debate between Layla Moran and Michael Ellis

Tuesday 29th March 2022 Commons Chamber

[Michael Ellis]

Lord Lebedev is a British citizen of Russian extraction who, I understand, had his primary and secondary education in this country. I see no logic in the Labour party’s assessment.

In order to put this issue in its true context, it is necessary to remind hon. Members of the process for nominations for peerages. The power to confer a peerage, with the entitlement to sit in the House of Lords, is vested in Her Majesty the Queen and is exercised on the advice of the Prime Minister. It is a long-established feature of our constitutional arrangements. The Prime Minister is ultimately responsible to Parliament, as he is in all matters, and to the people of the country for any nominations he makes.

Two events have served to shape that process. First, the House of Lords Act 1999 ended the right of hereditary peers to pass membership of the other place down through their families. Secondly, the House of Lords Appointments Commission was created in May 2000—under Labour, which now wishes to break it—and it recommends individuals for appointment as non-party political life peers, such as those on the Cross Benches, and has political representation from the three parties within its members. The vetting process is at the heart of its work. The commission seeks to ensure the highest standards of propriety, and I include party political nominees within that.

It does not apply in the instant case, but it should not be a matter of opprobrium that somebody be a party political supporter. Labour has hundreds of peers in the House of Lords. The Liberal Democrats have some 83 peers despite them having barely enough Members of Parliament to fill a minicab. There is nothing wrong with having a political affiliation.

The House of Lords Appointments Commission seeks advice from a number of sources during its deliberations. Any time we ask any independent advisory body to obtain advice, and it does so discreetly and in confidence, if we seek to break that process, said body will not be able to function. Once all the evidence has been considered, the commission will either advise the Prime Minister that it has no concerns about an appointment or will draw its concerns to the Prime Minister’s attention. It is a long-standing position that it is for the Prime Minister of the day to recommend appointments to the House of Lords. For that reason, the Prime Minister continues to place great weight on the commission’s careful and considered advice before making any recommendations. That arrangement has served successive Prime Ministers of both parties but, as in other areas, they must carefully balance a range of evidence.

[Layla Moran (Oxford West and Abingdon) (LD)]

I am grateful to the Minister for giving way to a Liberal Democrat, few as we are. Nevertheless, I draw his attention to another tweet from Lord Lebedev:

“Openness and transparency are pillars of our democratic system, so I welcome the call for security advice about me…to be released. I have nothing to hide.”

The Minister is highlighting the fact that the appointment was questioned by that commission, so I do not see his argument, because it sounds like there were concerns. If Lord Lebedev has nothing to hide and the commission made its recommendation, that prompts the question: what do the Government have to hide?

[Michael Ellis]

I thank the hon. Lady for asking that question. This is not about any one individual. The Opposition are seeking it to be about one individual who cannot answer for himself in this House, which is wrong. The Government are seeking to protect the system, so even if Lord Lebedev has said that he does not mind, it is not, with the greatest respect, only about him; this is about protecting the system, because the House of Lords Appointments Commission would not be able to function.

The Leader of the Opposition wrote to the commission earlier this month and received a reply a week or two ago, which I believe is in the public domain, in which it outlined the process and did not highlight any problems. The reality is that the Government are seeking to protect a system that has worked well for 22 years, so I ask the House to bear that in mind.

--- Later in debate ---

[Layla Moran]

rose—

[Michael Ellis]

I am conscious of the time, but I will give way.

[Layla Moran]

I am grateful to the right hon. and learned Gentleman for giving way. All those things are very laudable, but will he enlighten the House on how many of the recommendations to the Government in the Russia report have been implemented?

[Michael Ellis]

That has nothing to do with this matter, as I am sure the hon. Lady well knows. I reiterate that we must ensure the ability of the House of Lords Appointments Commission to conduct robust vetting, and to provide advice that is not compromised. That process should continue. I have heard hon. Members say that certain individuals do not mind if detail of the vetting process is disclosed as far as it concerns them. Well, I reiterate that this is not about any one individual. If someone wishes to show that they have nothing to hide, that is laudable and understandable, but we need to protect the process for all. This is not about one individual; it is about protecting the integrity of the system—a system that serves this nation very well. The process should continue to be conducted confidentially, and disclosure should be at the discretion of the Prime Minister.