Hong Kong National Security Legislation

Debate between Philippa Whitford and Dominic Raab

Wednesday 1st July 2020 Commons Chamber

[Dominic Raab]

I thank my hon. Friend, the Chairman of the Liaison Committee, for that. He makes a range of important points. On Chinese expertise, I do not think the Chancellor of the Duchy of Lancaster was referring to the Foreign Office. In any event, I can provide the reassurance that we have some of the finest Mandarin-speaking diplomats around the world and we are exceptionally well represented in Beijing by Her Majesty’s ambassador, Dame Barbara Woodward. We are increasingly, across Government, looking at all aspects of our relationship with China. Obviously, the House is interested in and will know about Huawei. My hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat), the Chair of the Foreign Affairs Committee, who is no longer in his place, referred to the situation in universities, and rightly raised the question, as, in fairness, did the hon. Member for Wigan, about an integrated strategy. Clearly, as we bring forward the integrated review, China’s role in the world and our relationship with China will be an essential element of that, and that work is already under way.

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

China’s national security law completely undermines previous agreements on the status of Hong Kong and those who live there. It is a threat to judicial independence and freedom of the press, as well as to political, civil and human rights. Given Huawei’s ties to the Chinese state, instead of a long, tedious review of the 5G contract, will the Government not take a stand now and cancel it?

[Dominic Raab]

I certainly share the hon. Lady’s views on our responsibilities to the people of Hong Kong and our concern about their treatment. In relation Huawei, as I have already said to the House, given the US sanctions, it is currently under review by the National Cyber Security Centre. We will come forward with our response in due course.

Covid-19

Debate between Philippa Whitford and Dominic Raab

Tuesday 17th March 2020 Commons Chamber

[Dominic Raab]

I thank my hon. Friend for the way in which he has raised his question. The insurance industry makes its decisions in a commercial way, and obviously we and the Transport Secretary are liaising very closely with it, but certainly the call has been made to the Foreign Office to give as clear advice as possible. So we are advising, not least with the Easter holidays coming up, against all but essential travel globally. We are not going to make decisions for individual people, families or schools, but it seems to me that those are the kinds of trips that would now have to be looked at, and we would expect the insurance and the airline industries to follow, based on that very clear advice that we have now given.

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

The Foreign Secretary mentioned that the Government have been consulting with the G7, but they have not been consulting with European Governments through the European Centre for Disease Prevention and Control. May I ask: apart from ideological reasons, why not? It is very concerned that the focus here has been on behavioural science and not on epidemiology.

[Dominic Raab]

The hon. Lady asks a perfectly reasonable question. May I reassure her that we are taking the best scientific advice that we have got in the UK? The circumstances in different countries will change. Part of that is about the timing and the peak within which coronavirus hits an individual country. She talked about co-operation with EU partners. I am consistently on the phone talking to all our European partners about all these issues, whether that is the multilateral drive to tackle coronavirus with support for vulnerable countries, research and development, or the particular logistical issues with getting constituents home. The diplomacy with our European friends has never been more intense.

Brexit Negotiations and No Deal Contingency Planning

Debate between Philippa Whitford and Dominic Raab

Tuesday 4th September 2018 Commons Chamber

[Dominic Raab]

I understand my hon. Friend’s concerns. He will have seen the White Paper proposals on financial services, which pursue a building-up of the EU’s existing equivalence arrangements. We are confident that that will provide a good set of arrangements not just for the UK and our bankers and financial services providers but, critically, for the continental European economy, which is so dependent on it.

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

The Brexit Secretary naturally talks about the facilitated customs arrangement as central to the Chequers deal, and people have talked about Michel Barnier ruling that out. However, having accepted new clause 36 to the Taxation (Cross-border Trade) Bill, is it not the Government who have ridden a coach and horses through Chequers?

[Dominic Raab]

No.

European Union (Withdrawal) Bill

Debate between Philippa Whitford and Dominic Raab

Committee: 7th sitting: House of Commons
Wednesday 13th December 2017 Commons Chamber

[Dominic Raab]

It is always a pleasure to follow the hon. Member for Rhondda (Chris Bryant), who made some very serious constitutional points with great colour and eloquence. I am grateful to hon. and right hon. Members who have contributed to this debate through their various amendments and speeches. My approach over the course of my speech—I suspect that it will take me an hour to get through it—will be to take clause 9 first, and then to come on to clauses 16 and 17 as well as schedule 7.

It may be helpful to hon. Members who want to intervene to know that I will first explain the function of clause 9 and why it is necessary, and then set out some of the illustrations that the hon. Member for Greenwich and Woolwich (Matthew Pennycook) suggested were required. I will come on to talk about the limits, and then I will address the amendments, including amendment 7, which was tabled by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve). The key issue will come down to timing, so I will also touch on that, but first, let me set the scene.

Clause 9 highlights the interaction between diplomacy at the international level and the domestic legislative preparation for Brexit. The Government are committed to securing the best deal that we can with our EU partners for the whole United Kingdom against the very acute time pressure set out under the article 50 process imposed on us.

Clause 9 enables regulations to be made for the purposes of implementing the withdrawal agreement. It is now, as hon. Members have said, a supplementary provision to give us agility in the negotiations and the flexibility of legislative procedure to deliver the best deal under time pressure. The Secretary of State for Exiting the European Union announced to this House on 13 November the Government’s intention to bring forward new primary legislation in the form of the withdrawal agreement and implementation Bill to give effect to the major elements of the withdrawal agreement. That will include citizens’ rights, the implementation period, the financial settlement and the other issues wrapped up within the exit negotiations.

[Dr Whitford]

Will the hon. Gentleman give way?

[Dominic Raab]

May I just make a little progress?

I am not sure whether every hon. Member has had a chance to read the written ministerial statement that was published today—it is entitled “Procedures for the Approval and Implementation of EU Exit Agreements”—but it is worth taking a look at it with regard to some of the concerns that have been expressed. We intend to introduce the withdrawal agreement and implementation Bill after there has been a successful vote on the final deal in Parliament. Notwithstanding that, it remains essential that clause 9 stands part of this Bill. We do not yet know the precise shape or outcome of future negotiations, and it is important that the necessary legislative mechanisms are available to us so that we fully implement the withdrawal agreement in time for the exit date.

[Dominic Raab]

I will make a small amount of progress but then, of course, I will take the right hon. Gentleman’s intervention.

There will be a wide range of more technical separation issues that will need to be legislated for in time for our exit on 29 March 2019. Some will be better suited to secondary legislation, and it would not be practical to account for the sheer volume of all these issues in primary legislation. It is of course not uncommon for the principles of an international agreement to be implemented, at least to some degree, through secondary legislation. To give just one example, the Nuclear Installations (Liability for Damage) Order 2016 implements the 2004 protocol to the convention on third party liability in the field of nuclear energy.

As for how we implement such secondary legislation, clause 9—this is the crux—offers a material benefit in terms of timing. We would be able to start—not complete—laying some of the statutory instruments soon after reaching agreement with our EU friends alongside the passage of new primary legislation. It is impossible to say with 100% precision at this point all the technical regulations that will be required to implement the withdrawal agreement before the full terms have been negotiated. That is obvious, and is accepted by Members on both sides of the House. However, some regulations might be required, and some will require a lead time of several months, so we need to reserve the ability to use clause 9 as soon as practically possible after a deal has been concluded. If we waited for further primary legislation to receive Royal Assent, that might be too late and we could be too squeezed for time, even in the scenario in which we reach an agreement in October, as is our current aim.

[Dr Whitford]

Does the Minister recognise my point about the situation that EU nationals are in now? Will the Government consider moving their issue into the immigration Bill, which should be coming imminently, rather than leaving them in limbo for another year?

Oral Answers to Questions

Debate between Philippa Whitford and Dominic Raab

Tuesday 8th March 2016 Commons Chamber

[Mr Raab]

I know that my hon. Friend has a family in his constituency who have been through the ordeal he mentions. We are absolutely committed to helping families of missing people to deal with the administrative problems they face over and above the heartache that is involved. We are working on creating the new legal status of guardian of the property and affairs of a missing person, and we will introduce measures to the House as soon as parliamentary time permits.

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

T6. On International Women’s Day, it is truly shocking that one in four women will experience gender-based violence. On 4 February, the Under-Secretary of State for the Home Department, the hon. Member for Staffordshire Moorlands (Karen Bradley), stated that primary legislation was required to ratify the Istanbul convention to try to tackle that disgrace. When will that legislation be brought forward?

[Mr Raab]

The hon. Lady is absolutely right. The last Government signed the convention in 2012. We have already implemented almost all its provisions, so the purpose would be to promote it abroad. There is a specific issue, as she may know, about extraterritorial jurisdiction under article 44. We are looking carefully at how that might be addressed.

Oral Answers to Questions

Debate between Philippa Whitford and Dominic Raab

Tuesday 3rd November 2015 Commons Chamber

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

T5. In the new ministerial code, published on 15 October, Ministers are obliged to comply with “the law”, but the phrase “including international law and treaty obligations and to uphold the administration of justice”has been removed. The former Attorney General did not like that phrase very much, so does the Minister feel this changes the obligation to comply with international law?

[The Parliamentary Under-Secretary of State for Justice (Mr Dominic Raab)]

I thank the hon. Lady for her question. There has been no change in obligations on Ministers. The code reflects the duty to obey the law. We have long had a dualist approach to international law, and it is also important that that is upheld.