Infected Blood Compensation Scheme

Philippa Whitford Excerpts

Tuesday 21st May 2024 Commons Chamber

[John Glen]

I thank my right hon. Friend for what he did when he was in office to bring forward interim payments and to make progress. As for the business case for the arm's length body and the plans for the number of employees needed, I expect Sir Robert and the interim chief executive to be iteratively working up plans to expedite this as quickly as possible, and to assert what resources they need for it to be delivered as quickly as possible. I will do everything I can to prioritise swift delivery in the decisions that I make.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

The timeline in Sir Brian’s report highlights the litany of failures, delays and cover-ups over decades which resulted in the exposure of even more patients to hepatitis C and HIV. While several countries accepted liability and set up compensation schemes in the mid-1990s, UK victims have had to spend another 30 years of their lives not just dealing with ill health but fighting for justice. I welcome the vast majority of what the Minister has announced today, and I am sure that everyone in the House does as well, but the members of the infected blood community who are here today will have been greatly concerned to hear his comments that implied a threat to the ongoing support payments. Does he accept that it is not just a matter of saying that the infected blood community will be involved in the compensation scheme? Will their wishes be listened to?

[John Glen]

They will, absolutely. When I was in Edinburgh I had long conversations about the need to understand the integration of the existing infected blood support schemes, which present in a different way and offer meaningful psychological and other support services to the communities in different parts of the United Kingdom. We are talking about two parts of the heads of loss—about past and future care costs, and loss of income past and future. We are consolidating those into a lump sum, but I have made an absolute commitment that no one will be worse off. There are a couple of categories in which there is a potential risk of that, but we will make sure that no one will be worse off. However, the sensitivity in the delivery of this scheme, in terms with which the various communities across the United Kingdom will be comfortable, is at the top of my mind, and will be instrumental in determining the form of the regulations that will guide this into law in the next few months

Oral Answers to Questions

Philippa Whitford Excerpts

Wednesday 19th July 2023 Commons Chamber

[The Prime Minister]

My right hon. Friend is absolutely right to highlight the importance of today’s announcement. It is one of the largest-ever investments in the UK auto industry in this country’s history, with billions of pounds and thousands of jobs, and it is a massive vote of confidence in the UK economy.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

Q4.   The NHS in England has just had its longest-ever junior doctors’ strike and consultants go on strike tomorrow for the first time in 50 years, yet so far Scotland has had no NHS strikes. That is not by chance; it is because our Health Secretary and First Minister have kept working with the British Medical Association to try to address the pay erosion faced by doctors since 2008. Workforce shortages are the biggest challenge facing healthcare, and the Prime Minister just mentioned the importance of staff retention. Does he really think that refusing even to talk to health unions will stop doctors leaving the NHS?

[The Prime Minister]

We did talk to health unions, but we also respected the independent pay review body process, which is the right way to resolve these issues and means that a typical junior doctor will see a 9% pay rise as a result of this deal. Since the hon. Lady mentioned retention, earlier this year the Government delivered the BMA’s No. 1 ask, which was to remove the cap on pensions tax. That was specifically designed to retain senior doctors in the NHS. The Government have now done our bit, and I urge the unions, “Please get back to the hospitals and treat your patients.”

Infected Blood Inquiry

Philippa Whitford Excerpts

Thursday 22nd June 2023 Commons Chamber

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

I associate myself with the comments of the right hon. Member for Kingston upon Hull North (Dame Diana Johnson). I agree that it is important to keep the victims and their families at the heart of this debate. We should all take a moment to remember and to pay our respects to those who lost their fight and are no longer with us.

It is only due to the persistence of activists that the scale of the disaster and the cover-up began to be revealed in 2017. I pay tribute to their determination not to give up, despite some of them being in poor health. I particularly thank Sean Cavens and Bruce Norval, who have provided me with so much information and support over the years. Their effort meant that there was strong cross-party support for a public inquiry before the emergency debate on 11 July 2017.

In that debate, I explained how, as a young surgeon, the revelations of the early to mid-1980s shocked me to my core: to think that in transfusing a patient, I might have exposed them, while trying to save them from trauma or surgery, to HIV or hepatitis. It led me to totally change my surgical approach, and to use every technique available that could reduce blood loss and minimise the need for transfusion. That was 40 years ago. My entire surgical career has passed while the victims are still seeking justice.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

My hon. Friend has worked tirelessly on this matter, and she is right to refer to Bruce Norval and his work. Bruce Norval has pointed out that up to 100 people affected by this scandal are dying each year, and they have not been able to access compensation. It is time to get on with this, isn’t it?

[Dr Whitford]

I absolutely agree with my hon. Friend.

I pay tribute to Sir Brian Langstaff and his team for their meticulous, forensic and dogged examination of all the evidence, and for their sensitivity to the witnesses. They have helped reveal the truth about 60 years of disastrous policy decisions and individual decisions, including the failure to ensure blood transfusion services are self-sufficient and the failure to switch to safer treatments more quickly. In particular, the inquiry exposed systematic attempts to cover up the scandal.

I am not sure whether the Minister attended any of the hearings but, if he did not, he should watch the video recordings, and maybe he would get the merest hint of the suffering of those infected by contaminated blood and their families. I attended a couple of sessions in London and Edinburgh, and it was harrowing even as an observer, let alone for those who had to recount their experiences and relive their pain. Their bravery and determination were humbling.

The inquiry staff did an incredible job of providing support to the victims who came to bear witness, while Sir Brian ensured that they and their representatives were involved in steering the inquiry to its conclusion, with the final report due in the autumn. While that report will seek to ensure that the lessons from this disaster are learned, one of the key aims of the inquiry is to achieve just compensation for the victims and their families.

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

The hon. Lady is making an excellent contribution. I spoke this morning to my constituent Robert Ross, whose young life has been blighted and ruined. It struck me hard that it feels so desperately unfair that this happened to somebody. In recent times we have seen a mixture of emotions in this place about the way we do things, but one of the undying principles of British and Scottish politics is a sense of fairness. Let us hope that an equitable solution—one that is seen to be fair to these people—can be found.

[Dr Whitford]

I totally agree with the hon. Gentleman. The support right across this Chamber is clear.

Money cannot redress the loss of lives and loved ones, nor the reduction in quality of life caused by illness, stigma or caring responsibilities, but it can at least ease the hardship and financial worries that many families face, particularly at the moment. The Leader of the House, when she was Paymaster General, was the first Minister to accept that responsibility for this disaster lay with the UK Government and that financial compensation was inevitable. She commissioned Sir Robert Francis to develop a compensation framework, which he duly delivered last March. The Government refused to publish it, saying they would only publish it along with their formal response. It was finally published three months later, when it was about to be leaked, but with a mere covering letter and no real commitments. Indeed, the Government have still not responded.

It was only after Sir Brian published the first interim report last July and directed the Government to pay interim compensation payments of £100,000 that we finally saw action. These payments were, however, limited to surviving victims and their partners who were registered with support schemes. Nothing was provided to those who had lost parents or children, or who had spent many years as family carers. This issue is particularly important for HIV-affected families, as three quarters of the victims have already died of AIDS, as have many of their partners. Appallingly, they were often not told their HIV status and unwittingly passed the virus on to their loved ones. After 40 years of denial, cover-up and obstruction, there is little trust in the Government, and ongoing delays are exacerbating that distrust.

More than 560 victims have died since 2017, including 67 partners. If the Government want to rebuild trust, they must now respond to Sir Brian’s report from April, which includes all the recommendations regarding compensation, with urgency and action. I hope the Minister has come with more than the blather we have had to listen to in this Chamber for over a year, and is ready to make it clear that the Government accept all of Sir Brian’s recommendations.

On behalf of all victims, whether infected or affected, we need to know when the chair of the independent compensation body will be appointed. We also need a commitment that victims and their representatives will be included in its development. Victims need to be reassured that the system will not be adversarial, so that the process does not re-traumatise those who have already suffered so much. We need to hear from the Minister how bereaved parents and children will be registered now, so that they can receive interim payments quickly and be included in the final compensation process.

I would love to think that this will be the last debate that is needed to achieve justice for the victims of contaminated blood; sadly, I fear that that will not be the case. With an average of two victims a week losing their lives since that debate in 2017, the Government must surely accept that time is of the essence for these people—enough is enough.

Infected Blood Inquiry Update

Philippa Whitford Excerpts

Wednesday 19th April 2023 Commons Chamber

[Jeremy Quin]

My right hon. Friend speaks with a great deal of knowledge on this subject. I am very grateful—I repeat this, as did he—to Sir Brian for producing a comprehensive and thorough appraisal of what the compensation scheme should look like, but we need to go through it in detail. As my right hon. Friend would accept, it needs to be effective and it needs to work, but I am pleased that he has given me the opportunity to reiterate what I said last December in this place: we fully accept that there is a moral case for compensation in this circumstance, absolutely.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

As I said in the debate in 2017, I remember, as a young surgeon, when this scandal began to break in the early ’80s. That is 40 years ago. My entire medical career has passed while people have been fighting for justice and recognition. Dragging that out has added financial hardship to the suffering people were already going through. As the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) said, enough is enough. The Minister talked about how long things will take and we recognise that, but when will they start? When will registration of bereaved parents and children start? When will the framework actually start, so that, as Sir Brian Langstaff called for, people can expect to see action this year and not wait any longer?

[Jeremy Quin]

The hon. Lady is very clear, as is Sir Brian in his report. There is no dispute over what Sir Brian is recommending. I cannot give that commitment now. There are processes across Government, as she will understand. We are working at pace and we are going through the report in great detail. As I say, it has been a short period of time since that report landed with all of us. It is detailed, it is comprehensive and it does need work, but we will be coming back to the hon. Lady and to this House.

Oral Answers to Questions

Philippa Whitford Excerpts

Wednesday 29th March 2023 Commons Chamber

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

I, too, welcome you to the Chair for Scottish questions, Madam Deputy Speaker, and join Labour’s shadow Secretary of State in celebrating Scotland’s win. It is just a pity that people could not watch it on Scottish terrestrial television.

The devolved Governments have led on many innovative policies, such as the carrier bag charge in Wales and the smoking ban and minimum unit pricing of alcohol in Scotland, with the UK Government following years later, if at all. The attacks on the latter policy at the time show that, had it existed then, the United Kingdom Internal Market Act 2020 would inevitably have been used to block minimum unit pricing, which has recently been credited with a 13% drop in alcohol-related deaths in Scotland. Even the EU single market allows policy divergence to improve public health and the environment, so why are there no such derogations in the internal market Act?

[Mr Jack]

Let me pick up the hon. Lady’s first point, because we do not want the grievance factory to say, as I have seen on social media today, that the English Government blocked people in Scotland watching the game against Spain last night in which we were so victorious—[Interruption.] I said “on social media”. The Scottish Football Association sold the rights to the football match. It was the Scottish FA’s decision.

On the hon. Lady’s second point, there are opportunities for derogations and exemptions within the UK internal market. We did it in the case of plastic cutlery because the same proposal was coming forward in the rest of the UK six months after it was introduced by the Scottish Government. The schemes worked together and a derogation for six months worked. But derogations do not work when there are different schemes in different parts of the United Kingdom, some of which include glass and some of which do not, and when producers have to sign up to different schemes that have a huge cost implication. We do not think that is the right way forward.

[Dr Whitford]

It is funny how differences in the different nations worked fine before Brexit. One has to wonder why the UK market does not seem able to cope right now. Is the Secretary of State planning to hold back the devolved Governments repeatedly to avoid making his Government look bad? Or is he just going to seek every single chance to attack devolution and enforce Westminster rule?

[Mr Jack]

I quoted earlier the chief executive of Tesco, the largest retailer in the United Kingdom. In the paper yesterday he made the very good point that there is one drinks industry across the United Kingdom and we should have one solution to the recycling problem.

Infected Blood Inquiry and Compensation Framework

Philippa Whitford Excerpts

Thursday 24th November 2022 Westminster Hall

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

I am delighted to serve under your chairmanship, Dame Angela.

I will open by paying tribute to the people affected by this disaster: the people infected and their families, those who have campaigned for years, either as infected people or in support of them, and all those who have simply had their lives changed. It takes a great deal of energy to campaign for 50 years and still not have received the limited justice that financial compensation can bring. The victims have faced stigma and lost opportunities to work, to have a family and to have insurance. We have heard about all those things in detail and cannot hear about them today, because the debate is simply going to be too short.

It is important that we remember the 2017 debate, in which I spoke. I had been a surgeon for over 30 years before I came to this place. The scandal began to leak out in the ’80s, and I remember the impact that it had on me. I was shocked at the idea that, having trusted something that was signed off by a Government or agency as safe, I might have transfused someone—we were pretty profuse with blood at that time—to save their life or simply to deal with post-surgical anaemia, and I might have destroyed their life. That had a big impact on me. It changed my practice: I stopped using a scalpel and started using argon-assisted diathermy. My theatre staff would moan about how obsessional I was about not having to transfuse patients by not losing blood in the first place. All patients gained from that, but a clinician who is dealing with someone who has been in a big car accident, or who has been stabbed or shot, does not have that luxury. Blood transfusion is not something that clinicians can avoid, and I am depressed about the fact that, five years on from the 2017 debate that led to the inquiry, we are still only at this point. We thought that we would be able to resolve the issue by now.

Absolutely everyone in this Chamber will welcome the completion of the evidence sessions, the interim report and especially the delivery of interim payments to the people infected or their bereaved partners. However, as has already been pointed out, bereaved parents and children are not included; nor are those who may have been unpaid family carers, who may not fall into one of those groups but who cared for years for someone who is now deceased and who will not even in the short term be eligible for care payments through an infected person.

I am merely repeating what the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) said in asking: when will the registration of all those affected begin? What work is being done on establishing the full compensation framework so it is ready to go the moment the decision is made? When will the Government publish their full response to the report by Sir Robert Francis? At the moment, we are talking as if all those recommendations are accepted, and the community is trusting they are all accepted, but we do not actually know that.

I would like to have had a proper debate in the main Chamber. It warranted the full time so we could explore the detail. It is important that we remember that in 2017, it was not what any of us said in the debate that achieved the inquiry. That was agreed to in the morning, because the right hon. Member for Maidenhead (Mrs May) realised it would have been the first time the Government lost a vote because of the cross-party strength of feeling. It is therefore important that all MPs in this Chamber and all the supporters of this campaign in the House continue to work cross-party, as we are seeing here, to make sure the Government do not drag their feet and deliver the justice that is long past time.

--- Later in debate ---

[Alex Burghart]

I hope that the right hon. Lady will appreciate that I was not the Minister at the time; I have been in post for just a few weeks and I do not want to say anything that is incorrect. However, my understanding is that following the work done by Sir Robert, Sir Brian called Sir Robert to give evidence and then he himself made recommendations about interim payments that the Government immediately responded to. I also hope that the right hon. Lady will bear that in mind when considering the Government’s likely response in the future. The Government said that they would respond very swiftly on interim payments and they did so. Before the end of October, as we pledged, the interim payments were all received by those affected. I hope that she will take that as an indication of our desire to move as quickly as possible, in keeping and in line with Sir Brian’s ultimate recommendations.

[Dr Whitford]

I am also a member of the APPG who has been part of the campaign throughout and took part in the tabling of parliamentary questions that were repeated ad nauseam to get a response. What was talked about in the Chamber was a response from the Government to the Sir Robert Francis report that would come at the same time as the publication—the reference was not to Sir Brian Langstaff’s call for interim payments nor to Sir Robert’s, but to the Sir Robert Francis report. The Minister must surely understand that given the 19 recommendations in the report, victims and their families want to know whether they can trust what is coming down the line. The idea of keeping them waiting for another seven or eight months is just cruel.

[Alex Burghart]

I understand what the hon. Lady is saying, but it is very important that Sir Brian’s findings are the final word on this matter and that the Government can respond to them as quickly as possible. The work that Sir Robert has done has obviously informed an enormous amount of work across Government to make sure that we can respond very quickly when the findings are produced in the middle of next year.

--- Later in debate ---

[Alex Burghart]

The hon. Gentleman will have heard me say that we are working across Government to make sure we are in a position to respond very quickly to what happens with Sir Brian’s report in the middle of next year. I understand that there are questions of trust for historic reasons, but I hope that the fact that the Government have been able to respond quickly, promptly and to our own timescales on the delivery of the interim payments will do something to show that the Administration are absolutely committed to doing the right thing.

[Dr Whitford]

Not all of Sir Robert Francis’s recommendations are about the future and a final compensation scheme. Some relate to the support schemes that people are dependent on now. Why should action on those recommendations be delayed until the middle of next year when people face a cost of living crisis now? Surely if the Government responded to the more acute recommendations, saying they want to wait longer, would that not at least be a start?

--- Later in debate ---

[Alex Burghart]

I hope the right hon. Lady will not see it as deflection that we want to meet her and discuss these matters with her. I am sorry that she is dissatisfied with the response today. She will have a chance to discuss this with the Minister for the Cabinet Office and me in coming weeks, as she knows, because it is in her diary.

[Dr Whitford]

That will be in private.

[Alex Burghart]

For the sake of Hansard, the hon. Member for Central Ayrshire said that that meeting will be in private, but I am quite confident that at least one of the people participating will talk about it in public afterwards and that it may be the start of a longer dialogue.

Tributes to Her Late Majesty the Queen

Philippa Whitford Excerpts

Saturday 10th September 2022 Commons Chamber

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

I rise on behalf of my constituents in Central Ayrshire to express our sympathies to the royal family and to pay respect to Her late Majesty for her long service of threescore years and ten—literally a biblical lifetime. Being from Northern Ireland, for me her greatest contribution was to peace and reconciliation on the island of Ireland, through both bravely welcoming Martin McGuinness here in London and her state visit in 2011, which brought so much healing.

The debate has already woven the most important part of any funeral: the eulogy. It reminds me of the traditional wakes with which I grew up, with the coffin lying in state in the living room surrounded by family, friends and neighbours. What struck me then as a little girl was how the sadness gave way once the funny, embarrassing stories started, with talk of someone being on a chair in Blackpool singing at the top of their voice. Those stories changed the whole mood in the room that I observed as a five, six and seven-year-old. The sombre tones were replaced by laughter. Strangely, the coffin often turned into a coffee table, covered in glasses. I do not think that Her late Majesty is likely to face that indignity, but I remember my uncle saying that he aspired to being buried in a coffin with ring marks because that would be a symbol of a really good wake: one that accepts that death is part of life and one that celebrates not a life ended but a life completed.

In the same way, the Chamber has been lifted by so many funny stories that demonstrate Her late Majesty’s great sense of fun, both in public, such as the stunts at the Olympics or with Paddington Bear, or in private, as we have heard from right hon. and hon. Members today. The most illuminating are those that show how she used humour to put people at ease, out of her kindness. I think that she is probably delighted at the sheer amount of laughter there has been in the Chamber over the last two days.

Having walked the last journey with many of my patients over a lot of years, I know that virtually all of us would choose to die peacefully at home, and that is exactly what the Queen did. So we should take comfort from the fact that she ended her life peacefully and quietly at home in her favourite place, Balmoral, surrounded by her family and loved ones. It does not get better than that. So while we offer our sympathy and condolences to her family in their sorrow at her loss, we should be glad for her. She goes to her rest, welcomed once again into the arms of her beloved Philip and, no doubt, already sharing a wry joke, probably at our expense. For Her late Majesty, I simply pray, may she rest in peace.

Oral Answers to Questions

Philippa Whitford Excerpts

Wednesday 20th July 2022 Commons Chamber

[The Prime Minister]

I thank my right hon. Friend very much for her suggestions. The key thing is for people to behave responsibly with the use of these things. It is clearly insane to take a disposable barbecue on to dry grass.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

Q7.   Due to Scottish Government investment in affordable housing, the Scottish child payment and extended free school meals, Scotland has the lowest level of child poverty in the UK, in contrast to the north-east, where it has risen by 50% on the watch of this Government. In contrast, the Prime Minister took over £1,000 from the poorest families—so much for levelling up—and those fighting to replace him have been falling over themselves to promise tax cuts to the wealthy. If the UK is meant to be a voluntary Union, does he not recognise that voters in Scotland have the right to a referendum, so that they can choose a fairer future?

[The Prime Minister]

Actually, we increased the living wage across the whole of the UK by £1,000, we made sure that people on universal credit got their tax bills cut by £1,000, and over the last couple of weeks we have cut national insurance contributions by an average of £330. It was because of the Union that we were able to support families up and down the country, in Scotland, with the furlough and other payments, to the tune of £408 billion.

Contaminated Blood Scandal: Interim Payments for Victims

Philippa Whitford Excerpts

Tuesday 19th July 2022 Commons Chamber

[Michael Ellis]

It is not as though the Government are waiting; the Government are working, across Whitehall, to produce results in the matter. There is no dilatoriness here; there is expedition on the part of my officials and officials across Government, and the wish to get the matter right.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

The Irish Government established their compensation tribunal more than 25 years ago, yet the UK Government continue to leave victims facing death, without even basic justice for the harm done to them and their families. I remind the Paymaster General that this urgent question is about interim payments. Will he at least commit to moving forward now with key recommendation 14, on interim payments, rather than leaving victims and their families to face ongoing financial hardship?

[Michael Ellis]

I cannot prejudge the matter at this stage, for reasons that I have already given.

Northern Ireland Protocol Bill

Philippa Whitford Excerpts

Committee stage
Wednesday 13th July 2022 Commons Chamber

[Sir Jeffrey M. Donaldson]

I am many things, but I am not a prophet, so I cannot say with certainty that this will happen or that will happen. But I can point to this: when the protocol, as part of the withdrawal agreement, was before this House, we warned then of the consequences of the protocol. We are not late to the table in recognising the real difficulties that the protocol would cause in Northern Ireland for businesses, consumers, and our place in the United Kingdom. I am certain that the proposals put forward by the Government in this Bill are reasonable, fair and proportionate, and will offer what business needs to continue trading within the United Kingdom and with the European Union. That is the kind of certainty that businesses are looking for.

Let me turn to the point raised by the hon. Member for Stone (Sir William Cash), for whom I have great respect. This is very important. When the Government, and indeed those who supported Brexit, argued very strongly the case for the United Kingdom to leave the European Union, it was about taking back control—control of our borders, our money and our laws. Yet in the part of the United Kingdom that I have had the honour and privilege of representing in this House for 25 years now, this does not apply. As he said, many regulations applying to business in Northern Ireland, and how we trade with the rest of our own country, are now being made in Brussels without any democratic input whatsoever from anyone in Northern Ireland—not from me and my colleagues as Members of Parliament, or from Members of the Legislative Assembly at Stormont.

There is a democratic deficit that means that we are having laws imposed on us over which we have no say. That is not taking back control in our part of the United Kingdom. In terms of money, our rules on VAT and on state aid, for example, are determined not by this Government—not by this place—but by the European Union. We have no input into how our VAT rules are drawn up or into the rules on state aid, which apply to support for businesses in Northern Ireland We do not have complete control of our money in Northern Ireland and we are losing out because of those restrictions. It is therefore very important for us that we get this right. I believe, as I said, that what the Government have proposed is fair and reasonable, and will restore Northern Ireland’s place fully within the UK single market.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

Obviously the loss of input in being at the top table is a feature of Brexit. It is a feature of all countries that are members of the EEA single market, but not of the EU. Norway, Iceland and others do not get to make those decisions. Is the right hon. Gentleman suggesting that he would prefer it if Northern Ireland were completely out of the single market? Being in the single market is the privilege that Northern Ireland has. It is helping its economy and it is supported by all business leaders. It was what Scotland asked for and was refused.

[Sir Jeffrey M. Donaldson]

We are not Norway; we are Northern Ireland. Northern Ireland is not in the single market, and let us be clear about that. The protocol requires us to align our regulations on manufacturing of goods with those of the EU single market. We are out of the single market and we are out of the EU’s customs union, but we are required to abide by its rules. That is the position in which we find ourselves, and I say to the hon. Lady that the solution the Government are offering will enable businesses to continue trading with the European Union in a way that is helpful and beneficial for cross-border trade, for my farmers and for our agrifood processing industry. Things will still work for Northern Ireland, but the Bill will also ensure that we can trade freely with the rest of the United Kingdom, which we believe is fundamental to our rights as part of the Union.

In conclusion, we believe that this Bill has the potential to move us forward in resolving the problems created by the protocol. The regulations that will be put in place when this Bill is enacted are fundamentally important to delivering those solutions. The Bill will address the democratic deficit and mean that once again, all the United Kingdom has a say in how our money, our laws and our borders are controlled. Finally, it will enable us to restore political stability in Northern Ireland by seeing the political institutions back up and running again and protecting the Belfast agreement and its successor agreements, including St Andrews and New Decade, New Approach, which was the basis upon which we re-entered government. We will not re-enter government until we are clear and sure that what the Government are taking forward will deliver what we need for Northern Ireland.

--- Later in debate ---

[Michael Ellis]

I will not give way.

The European Union is not willing to entertain the changes that are necessary to fix the issues with the protocol, so the Government’s judgment is that, absent a change in stance from the European Union, we have to be realistic. Good faith negotiations to resolve the issues with the protocol have already been exhausted. As I say, there have been 26 separate meetings with the Foreign Secretary and Lord Frost.

Amendment 5 would require that this judgment be endorsed by both Houses of Parliament and, where relevant, the Northern Ireland Assembly, but this would not be appropriate.

[Dr Whitford]

Will the Minister give way?

[Michael Ellis]

I am not giving way, as I have indicated. I will give way in due course.

It has long been the position that the Northern Ireland protocol and negotiations regarding it are, like any other treaty, a matter for the Government, operating under the foreign affairs prerogative. The Executive must retain that prerogative for very good reasons. Because of the protocol, there is anyway no Northern Ireland Assembly currently sitting to provide the consent that this amendment would require. This Bill aims specifically to restore stability in Northern Ireland and a working Assembly—that is the very essence of it—so there is an essential flaw in the amendment’s logic in requiring the Assembly to approve the operation of the Bill. That is why I ask the hon. Member for Foyle (Colum Eastwood) not to press the amendment. Of course, the Government will continue to update Parliament and the Northern Ireland Executive, when they return, on the status of talks with the EU regarding the protocol, and to consult stakeholders in Northern Ireland on the operation of the Bill.

--- Later in debate ---

[Peter Kyle]

No, I will not give way. If the right hon. Gentleman were really committed to this issue, he would not have walked in halfway through and started intervening on people. The time to be here was at the beginning, and then he should be here in time to make a speech.

[Dr Whitford]

Will the hon. Gentleman give way?

[Peter Kyle]

I will give way, but then I will make some progress, because I am very keen to hear from other Members.

[Dr Whitford]

Is not the problem with this Bill that it will not give voice to people in Northern Ireland or their representatives? It puts all the control in the hands of a Government Minister here in Westminster.

[Peter Kyle]

As we have seen throughout the Government’s response to the challenges of Brexit, they have repatriated powers from the EU but have hoarded them, often not just for Whitehall but for themselves. These often end up being the powers of patronage that Ministers have wielded for their own benefit, and for the benefit of the political party that we see opposite us, rather than for the benefit of our entire country.

For 25 years, the balance between majority opinion and the power-sharing between both communities in Northern Ireland has been a delicate one, but, extraordinarily, this Bill fails on both. To gain the support of one community, they are in danger of losing another. On top of that, a majority of Assembly Members have signed a letter rejecting the Bill. The Bill might persuade some in the short term, but it will not get Northern Ireland back on track into the long term.

--- Later in debate ---

[Richard Thomson (Gordon) (SNP)]

I take this opportunity to welcome the new Secretary of State to his place; I look forward to working with him.

I rise to speak to amendments 29 and 30 on the Order Paper and to give notice to the Committee that I intend to put clause 15 to a vote, as it is the heart of the Bill. My party is opposed very much to the Bill in principle. In our view, the hard reality is that Brexit is not working for any part of the UK.

It was Brexit that created the need for a protocol, and we have been clear that within the ambit of that protocol there ought to be room for flexibility. It should be possible for a UK Government who are acting in good faith and are trusted to be able to negotiate constructively within the workings of that protocol to deliver better outcomes, which I think none of us would object to seeing.

We have seen that there is considerable overlap between the proposals of the UK Government and the European Union in terms of the opportunities presented by sanitary and phytosanitary checks and the labelling of goods to eliminate many of the checks currently causing so much difficulty and interrupting trading arrangements. However, introducing a Bill that will break international law and relies on the rather flimsy—at least in the context of the information we have—concept of necessity, is certainly not the way to go to build that trust.

The Bill will damage the UK’s standing in the world. Without a shadow of a doubt, it undermines the UK’s commitment to the rules-based international order. The Law Society of Scotland, which is not known as a revolutionary or radical organisation in such matters, has gone so far as to say that the UK Government should,

“as a matter of principle, comply with public international law and the rule of international law, pacta sunt servanda (agreements are to be kept)”.

That should be honoured. It strikes me that even citing the legal doctrine of necessity is tantamount to an admission of a potential future illegality, since the defence is only relevant when international law is being broken. On a political level, there is tremendous difficulty for the Government in seeking to put this argument across. The agreement was freely entered into, on terms that they in many respects insisted upon, which was not only lauded, but which the UK Government actively curtailed the time and opportunities for parliamentary scrutiny in respect of. That takes a considerable amount of chutzpah.

Although we do not consider it unreasonable for the UK Government, in light of experience, to seek to renegotiate the terms on which our future trading relationship with Europe is based and how that impacts Northern Ireland, we do not believe the Bill will create the conditions where such a negotiation might progress or allow the Government to act within the letter and spirit of international law. It also brings the risk of consequences, a reaction and a potential harshening of the trade situation, which would simply make matters worse for everyone right across the United Kingdom.

[Dr Whitford]

Is my hon. Friend not concerned that, if this Bill were successful and therefore both the European Court of Justice and the rules of the single market were set aside, untold harm would be done to the economy of Northern Ireland?

[Richard Thomson]

Yes, I think untold additional harms could befall Northern Ireland—and not just Northern Ireland, but all parts of the UK. That is why it is important that the Government’s stated position of preferring negotiation is the one that they pursue wholeheartedly. I am very concerned at the suggestion that there has been no direct dialogue between Her Majesty’s Government and the European Union on this since February; I sincerely hope that is not true.

Time does not permit me to speak on further amendments, but I am particularly attracted to amendment 1 tabled by the hon. Member for Bromley and Chislehurst (Sir Robert Neill), who seems to be rapidly becoming the critical friend that this Government perhaps do not deserve, and whose argument is very sound. We also fully support new clauses 7, 8 and 10.

The only way forward on this is negotiation, and the Bill will risk our ability to take that forward. I urge the Minister to accept the amendments that have been tabled in good faith but fundamentally to put the Bill on ice until the Government are back in a stable position, and then proceed on the basis of that reorganised mandate to achieve the negotiated settlement that each of us desperately needs.