Northern Ireland Protocol Bill

Lord Bach Excerpts

2nd reading
Tuesday 11th October 2022 Lords Chamber

[Lord Bach (Lab)]

My Lords, I am a simple soul, and the argument put forward by the last few very eminent speakers is not one which persuades me. The reason that persuades me that this is a bad Bill which should never become law is that it will not only allow Ministers excessive powers—which have not yet been defended by anyone so far, so I look forward to what the Minister has to say about that—but also put us at serious risk of breaking the rule of law. And it is that, as a simple lawyer a long way back, that concerns me, and I have not heard an argument yet that says that that is a wrong argument.

Of course the other parts of the Bill are astonishing—the Henry VIII powers I have mentioned and the potential effects on human rights too—but, as far as the rule of law is concerned, I remind the House that this is the second time in less than six months that the Government have sought such powers. Noble Lords will remember perhaps how this House resisted on a number of occasions earlier this year that part of the Nationality and Borders Bill which also represented a breach of our obligations under the very well-established refugee convention to which we have always been signatories, and this too was an attack on the rule of law. At length, the Government got their way and the offending clause stayed in the Bill, which is now—shamefully, I would argue—an Act of Parliament. But as my noble friend Lady Chakrabarti said, as she moved for the last time her amendment, if the House of Lords does not defend the rule of law, what are we for? I think that issue arises again today.

And now we have been asked to do it again. The Government claim necessity in law, and the arguments that we have already heard in this debate have shattered that proposition in this particular case. Has there been enough thought, or any thought, by the Government of the difficulty to the reputation of our country and what it stands for, and has done for a long, long time? Does it matter to the Government that other countries will already be reluctant to take our word on anything if we can so callously breach obligations? Why should they listen to a word that we say?

Of course, we all hope for an agreement in the current negotiations, but to me it is essential that we must be firm: we must as a House tell His Majesty’s Government that this Bill is unacceptable. I want to quote—and I have warned him that I am going to—from the noble and learned Lord, Lord Brown of Eaton-under-Heywood, who said on the occasion that I was just referring to, when that last Bill became an Act of Parliament:

“There are not many issues that it is worth going to the stake for, but surely the rule of law is one.”—[Official Report, 27/4/22; col. 299.]


Sometimes we just have to say no.