BBC News Impartiality: Government's Role

Debate between Michael Ellis and William Cash

Tuesday 27th February 2024 Westminster Hall

[Sir Michael Ellis]

My hon. Friend is absolutely right. As my example indicated, it does that for Daesh, which is another terrorist organisation. It will not do it for Hamas, and that is because of a link with Israel. Not all examples are as flagrant; the bias of BBC News and its journalists can be seen in other ways, which shows the depth of the problem. The BBC follows Hamas’s cynical policy of not distinguishing between civilian and combatant casualties. BBC News reports routinely add what amounts to disclaimers on information released by Israel or the Israeli army as being unverified. Time and again, that same rule is not applied to information released by Hamas. It was only after another pressure campaign that the BBC even started informing viewers that casualty figures in Gaza were provided by a terrorist-controlled Hamas health ministry, yet that seldom comes with a disclaimer about how they are unverified by the BBC.

For example, take a story on the BBC News website from just 2 February this year, in which it reports:

“More than 26,750 Palestinians have been killed and at least 65,000 injured, according to health officials in the Gaza strip.”

It then states:

“Israeli officials say that 9,000 of those killed were Hamas militants but have not provided evidence for the figure.”

By the way, Hamas have subsequently said that they had lost 6,000 fighters, still half of what Israel has claimed, but the BBC has chosen to ignore that Hamas statement, unlike many other news outlets. That happens daily. Each time the message that it conveys to readers, viewers or listeners is that Israel is not to be trusted over the word of a proscribed terror group that are known to wage information war.

[Sir William Cash (Stone) (Con)]

On the broader question of the charter itself, a royal charter confers a privilege, which is effectively a kind of monopoly. Does my right hon. and learned Friend agree that the licence fee payers, who come from all over the country, are themselves paying for disinformation on the basis of what he is saying? That, if it were a product liability issue, would lead to all kinds of legal consequences.

Northern Ireland Protocol Bill

Debate between Michael Ellis and William Cash

Committee stage
Wednesday 13th July 2022 Commons Chamber

[Michael Ellis]

Forgive me, but may I move on to the issue of necessity, since a number of Members have mentioned that and it may be relevant? On amendment 6, I understand the desire of the hon. Member for Foyle for the Bill to be clear about the powers that it confers to the Government. However, it is essential that the Bill confers necessary powers for the Government to deliver a durable solution to the serious difficulties that the current implementation of the protocol is causing. Those include, as we know, the undermining of the functioning of institutions established by the Belfast/Good Friday agreement.

Amendment 6 confuses an international law concept—the doctrine of necessity, which is long established and well understood—and a domestic statutory one, which concerns the appropriate tests for Ministers exercising powers given to them by Parliament. It is essential that the Bill delivers clarity and certainty for the people of Northern Ireland, and amendment 6 would undermine that. I add the caveat that it is the responsibility of Government to deliver a durable solution to the issues the protocol is causing, in order to protect the Belfast agreement. Any unnecessary additional conditions to the exercise of the powers necessary to deliver that solution will only reduce the clarity and certainty of the Bill and what it does to provide for the people of Northern Ireland. That would undermine our ability to get the Executive back up and running, which is a desire I know we all share. I therefore ask the hon. Gentleman to withdraw the amendment.

Amendments 7 and 14 were also tabled by the hon. Member for Foyle. The Bill will fix the practical problems that the protocol has created in Northern Ireland. That avoids a hard border, protects the integrity of the UK and safeguards the European Union single market. I am therefore entirely sympathetic to the sentiment behind the amendments. The Government are motivated by the same concerns that underlie them. We are moving quickly with this Bill—as quickly as possible. That is our focus, because the situation is pressing.

The power in clause 15, which among other things would allow Ministers to reduce the amount of the protocol that is excluded, is designed to ensure that we are able to get the final detailed design of the regime right. Its use is subject to a necessity test against a defined set of permitted purposes. It is essential that that power can be used quickly if needed. Amendments 7 and 14 would pre-emptively prohibit certain uses of the power, but I submit to the Committee that the proper way to scrutinise its use is in this place. All regulations are subject to scrutiny, under either the negative or the affirmative procedure, so it is not as if anything would be set aside without that scrutiny. The hon. Gentleman’s amendments would also do nothing to resolve a potential clash between the permitted and the unpermitted—for example, a security and global market access intention—so they would risk tying the Government’s hands behind their back just when they would need to be most agile. For those reasons, I ask him to withdraw amendments 7 and 14.

[Sir William Cash]

I am listening with great interest to the series of amendments that my right hon. and learned Friend has been dealing with and asking Members to withdraw. Has he noticed that amendment 1 is neither chicken nor egg, and that there is no reference in it to any evidence test? I am slightly surprised that at the moment, we are not quite clear as to whether it is going to be suggested that that amendment be withdrawn.

[Michael Ellis]

I am sure that my hon. Friend the Member for Bromley and Chislehurst will have heard what my hon. Friend has said.

I will now turn to amendment 27 and new clause 9, tabled by the hon. Member for Walthamstow (Stella Creasy). The Bill is designed to provide swift solutions to the issues that the protocol has created in Northern Ireland. Those solutions are underpinned by the legal designation of elements of the protocol as excluded provision. Put simply, it is by excluding some elements of the protocol and withdrawal agreement in domestic law that the Bill can introduce the changes that are needed in Northern Ireland with the necessary certainty. Through the conditions they would impose, the hon. Lady’s amendments would undermine the ability to exclude elements of the protocol, and therefore undermine the entire operation of the Bill. I would also argue that they are unnecessary, because the actions they require are already being taken in practice during the passage of the Bill. By voting on its passage, both Houses of Parliament have an opportunity to indicate their approval for the principle of excluding elements of the protocol.

The Government have already clearly set out in the statement of 13 June that we consider the legislation to be lawful in international law. We have also already been clear on why we are not using the article 16 safeguard mechanism: it has inherent limitations on its scope, in that such safeguard measures could address some trade frictions but not the broader identified impacts of the protocol. It is therefore unnecessary to oblige the Government to repeat those statements before exercising the powers conferred by the Bill, which is why I ask the hon. Lady to withdraw her amendments.

Prime Minister’s Chief of Staff Appointment

Debate between Michael Ellis and William Cash

Monday 7th February 2022 Commons Chamber

[Sir William Cash (Stone) (Con)]

Does my right hon. and learned Friend agree that nobody is better qualified to be both chief of staff and Chancellor of the Duchy and Lancaster and Minister for the Cabinet Office than my right hon. Friend the Member for North East Cambridgeshire (Steve Barclay), given that he already has the widest possible experience of interdepartmental responsibility, for the Treasury, for health, for financial services and for Brexit, and has the comprehensive knowledge and capacity both to understand and to have the necessary authority and stature to carry out the new functions allocated to him?

[Michael Ellis]

My hon. Friend is absolutely right, as usual. One could hardly have a more qualified person to be chief of staff than my right hon. Friend the Member for North East Cambridgeshire (Steve Barclay), a former Secretary of State answerable to this House, and now Chancellor of the Duchy of Lancaster, an elected person answerable to this House as well as the electorate.

Northern Ireland Protocol: EU Negotiations

Debate between Michael Ellis and William Cash

Thursday 18th November 2021 Commons Chamber

[Michael Ellis]

With regard to the latest on the UK-EU relationship, my noble Friend Lord Frost and Vice-President Šefčovič met in London on 12 November to consider the state of play in discussions relating to the Northern Ireland protocol. Lord Frost noted that there remain significant gaps to be bridged between the UK and EU positions. He noted that it remained the United Kingdom’s preference to find a consensual way forward, but I must say that article 16 safeguards were and are a legitimate part of the protocol’s provisions.

The noble Lord Frost also underlined the need to address the full range of issues that the United Kingdom had identified in the course of discussions if a comprehensive and durable solution was to be found that supported the Belfast/Good Friday agreement. That is in the best interests of Northern Ireland. In that context, although talks had so far been conducted in a constructive spirit, Lord Frost underlined that, to make progress, it was important to bring “new energy and impetus” to discussions. Accordingly, intensified talks are taking place this week between teams in Brussels on all issues, giving particular attention to medicines and customs issues.

This week, Lord Frost has also been in Belfast, talking to political, business and civil society leaders and will meet with Vice-President Šefčovič at the end of the week to consider progress. I will continue to keep Parliament informed.

[Sir William Cash (Stone) (Con)]

With respect to the right hon. Member for Orkney and Shetland (Mr Carmichael), who raised the urgent question, perhaps he does not know that, in line with what the Paymaster General was saying, Lord Frost appeared before the European Scrutiny Committee only a few weeks ago. We asked him questions about article 16 and the European Court of Justice and he answered them with great clarity.

It is quite clear that the EU has been intransigent. For example, it invoked article 16 with regard to the covid laws that it introduced some time ago, and disruption of trade has taken place. Regarding the European Court of Justice, we are more than entitled to ensure that we are not governed by it given the repeal in the European Union (Withdrawal Agreement) Act 2020.

High Speed 2: Electronic Deposit of Documents

Debate between Michael Ellis and William Cash

Tuesday 11th July 2017 Commons Chamber

[The Deputy Leader of the House of Commons (Michael Ellis)]

I beg to move,

That, in respect of any bill relating to High Speed 2 that is read the first time in Session 2017–19 and to which the standing orders relating to private business are found by the Examiners of Petitions for Private Bills to apply, it shall be sufficient compliance with:

(a) any requirement under those standing orders for a document to be deposited or delivered at, or sent to, an office of a government department, body or person if it is deposited or delivered at, sent to or otherwise made accessible at that office in electronic form;

(b) any requirement under those standing orders for a document to be deposited with an officer if it is deposited with or delivered, sent or otherwise made accessible to that officer in electronic form;

(c) any requirement under those standing orders for a document to be made available for inspection at a prescribed office, or to permit a document to be inspected, if it is made available for inspection at that office, or is permitted to be inspected, in electronic form;

(d) the requirement under Standing Order 27(4) or 36(3) relating to private business to permit a person to make copies of a document or extracts from it, if there is provided to that person, on request and within a reasonable time, copies of so much of it as the person may reasonably require and such copies may, if the person so agrees, be provided in electronic form;

(e) the requirement under Standing Order 27(4) relating to private business for a memorial to be made on every document deposited under that Standing Order, if the memorial is made on a separate document;

(f) any requirement under Standing Order 4A(1), 27A(6) or 224A(8) relating to private business to make a document available for sale at prescribed offices, if it is made available for sale at an office in London.

That this Order shall not affect any requirement under those standing orders to deposit any document at, or deliver any document to, the Private Bill Office or the Vote Office.

That any reference in those standing orders to a document which is deposited, lodged, delivered or sent under those standing orders includes a reference to a document which is so deposited, delivered or sent in electronic form.

That any reference to a document in this order includes a reference to any bill, plan, section, book of reference, ordnance map, environmental or other statement or estimate.

The Gracious Speech gave notice of the Government’s intention to introduce a hybrid Bill to Parliament later this year to take forward the next phase of HS2. As a hybrid Bill it will be governed by the Standing Orders for private business. Parliament’s review of those Standing Orders, following the passage of the High Speed Rail (London - West Midlands) Act 2017, has not yet concluded and is the first significant review since 1948. It is therefore necessary to move this motion to update parliamentary procedure to reflect developments in technology since 1948.

I will briefly explain the changes, which replicate those authorised by the House in 2013 ahead of the introduction of the previous hybrid Bill. The House will be aware that, along with the HS2 hybrid Bill later this year, we will provide Parliament with an environmental statement setting out the likely significant environmental effects of the scheme and making proposals for alleviating those effects.

A considerable level of detail is involved in a project of this magnitude. We expect the statement to be up to 12,000 pages long. It is, of course, important that local communities can easily find out what the impact will be on their local area. However, current Standing Orders require us to deposit a paper copy of the document in every local authority area along the line of route. In this day and age that is inconvenient for the communities involved, especially for parish councils, many of which do not have sufficient space, so they ask us to deliver the document elsewhere—often to a library in a nearby town. That is why the motion allows for the electronic deposit of documentation for the HS2 hybrid Bill.

[Sir William Cash (Stone) (Con)]

I seriously oppose the project, which runs straight through my constituency. Will the Minister be good enough to give an undertaking that written material of the kind he describes will be provided? I understand why it should be in electronic form.

[Michael Ellis]

It is a permissive power. It does not require documents to be deposited in electronic format only. If a deposit location wants all the documents in hard copy, HS2 Ltd will provide them in hard copy, but the motion allows for the electronic deposit of documentation for the HS2 hybrid Bill. Electronic documentation will, of course, make it easier for communities along the line of route to find the information most relevant to their area without having to work through an otherwise enormous document.

[Michael Ellis]

I do not accept my right hon. Friend’s characterisation. On previous occasions when there have been storage problems, nearby community libraries have been asked to store the hard copies, so I anticipate alternative mechanisms could be put in place.

It should be noted that this is a permissive power. It does not require documents to be deposited only in an electronic format, so if a location wants all the documents in hard copy, HS2 Ltd will provide them in hard copy. In all cases HS2 Ltd will make the key documents, such as the Bill itself and the non-technical summary of the environmental statement, available in hard copy.

Further, members of the public will be able to telephone HS2 Ltd to ask for free hard copies of the non-technical summary, the local community area report and the local maps. If a deposit location would like documents in electronic form but does not have the equipment to make them available to the community, HS2 Ltd will provide that equipment at its own expense.

This is a wholly sensible modernisation of Standing Order requirements that were originally conceived in the 19th century, and it is about making it easier for people to engage with the hybrid Bill process, thereby ensuring the most effective decision making by Parliament.

[Sir William Cash]

My hon. Friend has quietly referred to the maps, but of course there are also the specifications and the limits of deviation. He knows perfectly well how much all this involves. May I have an assurance that, if required, all those things will also be made available in hard copy?

[Michael Ellis]

Yes, that is a reasonable request.

This is a wholly sensible modernisation of Standing Order requirements, and it is about making it easier for people to engage with the hybrid Bill process. I commend this motion to the House.

--- Later in debate ---

[Michael Ellis]

It is fair to say that all reasonable requests will be considered. It is clear and transparent that reasonable requests will be met. It is important that requests are not vexatious, and I know that my right hon. Friend does not want any doubt about that. Reasonable requests will be met, and further consideration can be given to that in due course. This is a sensible modernisation of 19th-century Standing Orders, which have not undergone radical reform since 1948.

[Sir William Cash]

I know that a lot of questions were put to the Minister, but would he respond to the question of whether Stafford and Staffordshire County Council buildings are a convenient place for people to go for documents?

[Michael Ellis]

My right hon. Friend the Leader of the House is alive to all the issues that have been raised, including the localities and local communities involved. My hon. Friend the Member for Stone (Sir William Cash) asked whether Staffordshire would be considered, and I can tell him that it will be.

Question put and agreed to.

Ordered,

That, in respect of any bill relating to High Speed 2 that is read the first time in Session 2017–19 and to which the standing orders relating to private business are found by the Examiners of Petitions for Private Bills to apply, it shall be sufficient compliance with:

(a) any requirement under those standing orders for a document to be deposited or delivered at, or sent to, an office of a government department, body or person if it is deposited or delivered at, sent to or otherwise made accessible at that office in electronic form;

(b) any requirement under those standing orders for a document to be deposited with an officer if it is deposited with or delivered, sent or otherwise made accessible to that officer in electronic form;

(c) any requirement under those standing orders for a document to be made available for inspection at a prescribed office, or to permit a document to be inspected, if it is made available for inspection at that office, or is permitted to be inspected, in electronic form;

(d) the requirement under Standing Order 27(4) or 36(3) relating to private business to permit a person to make copies of a document or extracts from it, if there is provided to that person, on request and within a reasonable time, copies of so much of it as the person may reasonably require and such copies may, if the person so agrees, be provided in electronic form;

(e) the requirement under Standing Order 27(4) relating to private business for a memorial to be made on every document deposited under that Standing Order, if the memorial is made on a separate document;

(f) any requirement under Standing Order 4A(1), 27A(6) or 224A(8) relating to private business to make a document available for sale at prescribed offices, if it is made available for sale at an office in London.

That this Order shall not affect any requirement under those standing orders to deposit any document at, or deliver any document to, the Private Bill Office or the Vote Office.

That any reference in those standing orders to a document which is deposited, lodged, delivered or sent under those standing orders includes a reference to a document which is so deposited, delivered or sent in electronic form.

That any reference to a document in this order includes a reference to any bill, plan, section, book of reference, ordnance map, environmental or other statement or estimate.

European Union Bill

Debate between Michael Ellis and William Cash

Monday 24th January 2011 Commons Chamber

[Michael Ellis]

That is absolutely right. Conservative Members have learned lessons from previous enlargements and we will not allow full free movement of workers from all new members, carte blanche, as soon as they join. We should require, it seems to me, complete fulfilment of all the membership criteria, particularly on criminal justice enforcement, for example. Labour messed up on that previously and this country suffered.

I respectfully submit that there has previously been a fundamental lack of understanding of sovereignty issues in this country. One example I would venture to provide is Labour’s creation of the Supreme Court. The very name is a misnomer, I submit, because in this country the law is not as it is in the United States where the American Supreme Court in Washington DC is empowered to say that the Government’s legislation is unlawful and to strike it down. The US Supreme Court can overrule Congress, but in this country Parliament is sovereign. Labour thus showed a fundamental misunderstanding of the British constitution when it called the institution that took over from the House of Lords judicial committee “the Supreme Court”. The law in this country is not supreme; Parliament is supreme and Parliament gives the law its authority, not vice-versa, unlike under the American system.

That brings me to clause 18, which is crucial and reaffirms that Parliament has ultimate sovereignty over European law.

[Mr Cash]

I take issue with my hon. Friend on that, simply because we had a significant debate on it and the European Scrutiny Committee took a completely contrary view.