(1 year, 11 months ago)
Commons ChamberI agree with nearly everything the hon. Member for Harwich and North Essex (Sir Bernard Jenkin) has just said, but I am going to make a very different speech, not to disagree with him, but just to put a different tone to this. I have believed for a long time that it is essential to Russia’s grand strategy that it must expand: we knew that in 2008 and again in 2014, and, frankly, we should all have been thoroughly aware of it long before 24 February 2022 when the second invasion of Ukraine happened. I am absolutely clear that we must make sure that Putin and the Russian Federation loses.
I agree with the hon. Gentleman that we need to get more materiel to our friends and allies in Ukraine. I do not, however, think that is just a matter for the UK and I worry that sometimes the UK provides, let us say, 12 tanks and Spain provides two and France provides three and none of them work together. The time has come for us all to sit down as allies and ask how we are going to ramp up production of perhaps one or two brands of tank so we are deliberately and solely constructing them to get them to Ukraine as fast as possible. People have been arguing for that for at least a year now, so it is a shame we have not got on with it.
The hon. Gentleman is right because logistically that would make it far easier for the Ukrainians. Leopard is the obvious choice because it is used by so many other allied countries, but German export law currently prevents that unless the Germans waive it. Does the hon. Gentleman agree that they should do that to allow the Ukrainians the Leopards they need?
Yes. I do not do this very often but I was saying “Hear, hear” earlier in agreement with a point the right hon. Gentleman made. I am reluctant to be too down on the Germans, however, for the simple reason that they have had to make a very dramatic and sudden about-turn in their whole understanding of their defence policy, but they do have to get over this hurdle. Many other countries in Europe want them to and are eagerly pressing them to, and the time is long past for them to do so. Perhaps we need a European security treaty to deal with some of these issues and get that materiel to where it is most needed and in a way that it can be readily used.
I want to talk about something slightly different: how we can help Ukraine rebuild. So far, along with many other countries in Europe, we have frozen but not seized assets. On 9 September 2022 a joint statement by the World Bank, the European Commission and the Government of Ukraine estimated that the current cost of reconstruction and recovery in Ukraine was $349 billion. That is now a four-month-old estimate and the sum will grow exponentially as the war continues. We have all seen the pictures of what has happened in Dnipro; we know of the railways, roads and bridges that will have to be reconstructed, let alone the schools, the housing and the rest. Ukraine is going to need a very substantial amount of money.
Incidentally, I am not right honourable, but my hon. Friend makes an important point. I have a view about that; I am not sure whether it will end up being the settled view of the House. It seems illogical to me that two Members of the House, one of whom is a Minister, could be wined and dined at Wimbledon on a ticket that costs £2,500, then the Minister does not have to register that with the House and never has to register its value, even though they might be the Minister who makes decisions about tennis funding in the UK, whereas the Member who is not a Minister has to register it within 28 days. It seems perverse, and it is difficult for members of the public, who might want to see all the information about an individual MP in one place.
May I refer the Chairman to paragraph 58 on page 19 of the report? I take the point he has made very clearly that these are proposals for consultation and could be changed. However, the paragraph says:
“We therefore support the addition to the Code of a rule similar to those adopted by the Welsh Senedd and the Northern Ireland Assembly, making it an investigable breach of the Code for a Member to subject anyone to unreasonable and excessive personal attack in any medium”,
which presumably includes the Chamber and Select Committees. [Interruption.] Well, if we read it literally, that is how we would interpret it.
Let me give the Chairman a quick scenario. In a Select Committee, a Member is pressing a witness, maybe about some Government procurement programme that has gone horribly wrong, and they are reluctant to answer. The member of the Committee, doing their job, presses them harder, and the witness says, “I’m sorry, but I regard your behaviour as an unreasonable and excessive personal attack, and if you continue this line of questioning I’m going to report you to the Parliamentary Commissioner for Standards.” To take another example—this is important, Madam Deputy Speaker—Member A and Member B have a heated disagreement in the Chamber, and someone watching on television writes to the commissioner and says, “I think A made an excessive personal attack on B, and I want you to investigate it.”
The point is that this paragraph seriously impinges on article 9 of the Bill of Rights, if we take it literally, so here is my consultation submission early on: this is actually dangerous, and it should not appear in the final version.
I disagree with the right hon. Member’s interpretation of where we are going, not least because I think article IX is perfectly clear that no proceeding in Parliament should be impeached or questioned in a court of law or in any other place.
No. That has the force of statute law—the Bill of Rights is statute law—and we are not intending to derogate from that in any way at all. The Chair of a Select Committee at the moment could perfectly well say to an hon. Member, if he or she thought that the hon. Member was being excessively or unreasonably rude or personal towards a witness, “Let’s tone that down a little bit, shall we?” I think it would be in the interests of the House and its reputation for the Select Committee Chair to say that, and it is perfectly within their powers now. Indeed, in the work we have been doing in the Privileges Committee, we have been looking at how witnesses should be treated.
It may be that this rule is not perfectly worded as it is now. None the less—and, again, this is me on a personal level—it just seems odd that we would want to argue that we have to continue the right to make unreasonable and excessive personal attacks on others, especially when we are using the reputation of the letters “MP” behind it.
(5 years, 9 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Thank you, Mr Speaker, for granting this urgent question. The Prime Minister is due to attend the critical European Council tomorrow and Friday. However, despite the imminence of those crucial negotiations, very few Members of Parliament in this House are even aware of the extensive powers of the EU-UK Joint Committee contained within the withdrawal agreement. It is very important that those powers are brought to the attention of the House before the Prime Minister attends the Council tomorrow, hence my request this morning.
The Joint Committee is designed to oversee all aspects of the operation of the agreement and, crucially, managing and supervising the implementation and operation of the future relationship. Its potentially wide-ranging powers are contained in articles 164 to 166 of the withdrawal agreement and its rules of procedure, which are an integral part of the treaty found at annex VIII, almost literally at the back of the 585-page document; there is, in fairness, an annex IX.
The decisions of the Committee have full force in international law, equivalent to the treaty itself, as guaranteed in article 166. The Committee can meet in private. It does not have to publish its agenda, any minutes or even a summary of its minutes and can be chaired by two unelected civil servants, nominated by either side, rather than by Ministers. Under its rules of procedure, the two co-chairmen, acting outside normal meetings, can even make legally binding decisions in its name by an exchange of notes, without any recourse to or consent from Parliament. Rule 9 of the rules and procedures, on decisions and recommendations, clearly states on page 565 of the treaty:
“1. In the period between meetings, the Joint Committee may adopt decisions or recommendations by written procedure, if the co-chairs decide to use this procedure. The written procedure shall consist of an exchange of notes between the co-chairs.
2. Where the Joint Committee adopts decisions or recommendations, the words ‘Decision’ or ‘Recommendation’, respectively, shall be inserted in the title of such acts. The Secretariat shall record any decision or recommendation under a serial number and with a reference to the date of its adoption.”
That is almost exactly the same procedure that is used for notifying and recording EU regulations and directives. Despite all of that, this Committee has hardly ever been mentioned in Parliament, and few Ministers have ever referred to it directly throughout the extensive debates we have had during this Session on the whole issue of Brexit. Crucially, the Joint Committee is contained in the treaty, and therefore has the force of international law behind it, but it is outside the backstop, which is perhaps why it has received less attention than other aspects of the withdrawal agreement to date.
I believe that this has been extremely cleverly drafted to hand control of future elements of this country’s destiny deliberately to unelected civil servants, rather than to Ministers—civil servants who are unanswerable to this House of Commons in the way that Ministers are. Those involved have thought of everything, as rule 12 of annex VIII is entitled “Expenses”, and it even lays out how they can reclaim their expenses. At present, Parliament seems blissfully unaware of the ability of the Joint Committee to take legally binding decisions relating to any future aspect of the treaty or the future relationship, in effect, above Parliament’s head.
There are clear issues of accountability to Parliament that, as far as I am aware, have never really been debated in the House at all. I ask the Minister to confirm that everything I have said is true, and if any of it is not true, will he point out what and why? If it is true, which it is, will he explain what checks and balances this House has over the operation of the Joint Committee?
Thank you, Bishop.
In summary, the Joint Committee contained in the draft withdrawal agreement has hardly ever been discussed in the House of Commons or the media, despite the fact that it potentially gives two unelected civil servants the power to make decisions that are binding in international law by an exchange of notes, without the knowledge, let alone the consent, of this House. If we are to approve the withdrawal agreement, we will approve this procedure too, which is why it is so important we should know about it. I believe that these facts must be exposed for debate in this House before the Prime Minister departs for the European Council tomorrow. I thank you, Mr Speaker, for granting the urgent question, and I look forward to hearing—I will be intrigued to hear—the Minister’s reply.
(6 years, 1 month ago)
Commons ChamberI am delighted that the Leader of the House is staying in her job because I will admit—as long as she does not tell anybody else—that I quite like her. [Interruption.] Blowing kisses is not going to get her anywhere, however.
Easy!
As the Leader of the House will know, the House passed a Magnitsky-style measure in the Sanctions and Anti-Money Laundering Act 2018. The Government have provided three excuses for not doing anything about this yet. One is that it cannot be done until the end of Brexit, and the Foreign Secretary says that that means after the transition period is over. Another reason is that we would have to table statutory instruments and that there is no time for SIs. However, everyone in this House would love to get this done as quickly as possible. Other countries in Europe have already done it, so will she please stay in her job just to get this thing done?