Northern Ireland (Executive Formation) Bill

Debate between Robert Buckland and John Redwood

2nd reading
Wednesday 24th January 2024 Commons Chamber

[Sir Robert Buckland]

The hon. Gentleman is right to point out some of the facts about the situation we find ourselves in. I will not labour the point, but I am afraid that the consequences of Brexit were always going to be complex and difficult for Northern Ireland, bearing in mind the particular importance of the border and the clash, if you like, between the irresistible force of the logic of a single market that wishes to police its border rigidly, and the immovable object of the fact that the border has a particular status and sensitivity that means that to make it excessively hard creates other problems and issues that we are all familiar with. That, I am afraid, is the difficulty that we all have to wrestle with. I know that this place sometimes risks sounding rather portentous and nannyish in the way it talks about Northern Ireland, and we have to be careful about that. But in resisting that approach it is logically correct to say that the best way to cure this issue is for the institutions of Stormont to function, and to function well.

[John Redwood]

Does my right hon. and learned Friend have a message to the Unionist community in Northern Ireland regarding why they should put up with EU laws that they do not influence, and why they should put up with border controls when they are trading within our own country?

[Sir Robert Buckland]

The message I would give is simply that we still need a functioning Executive to work out and bring to account, with proper scrutiny, issues with the framework, so that at a Stormont level it can be understood and debated in far more detail than with the time and capacity we have in this House. That work should be done thoroughly by the institutions of Stormont, so that this place, and the Government in particular, are even better informed about what they need to do to correct some of the problems that have been thrown up by the anomalous position that Northern Ireland finds itself in. That is where we now stand. We have to get on with exercising those institutions in order to solve some of the problems that right hon. and hon. Members quite rightly raise.

Before I finish, I will simply say this: I commend the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) for his forbearance, his patience, and the way he is approaching these issues. It is not an easy position for anybody to be in. All of us will have to make compromises in our political life—goodness knows that is something I have had to wrestle with. On behalf of the Northern Ireland Affairs Committee, which I have the honour of chairing, I say simply that he goes with all the good will and support that I can muster on behalf of the Committee. I hope that 2024 will be a moment not of more pause and political vacuum, but a moment when responsibility can be taken up, the reins of government can be held firmly by my friends in the DUP, and we see the progress for the people of Northern Ireland that I know everybody wants.

Private International Law (Implementation of Agreements) Bill [Lords]

Debate between Robert Buckland and John Redwood

2nd reading & 2nd reading: House of Commons
Wednesday 2nd September 2020 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

I beg to move, That the Bill be now read a Second time.

Private international law might sound rather dry and technical—[Laughter.] I get ready assent from the hon. and learned Member for Edinburgh South West (Joanna Cherry)—but at its heart sit the lives of real people and the challenges they face when legal disputes arise in relation to cross-border matters. I am talking about people such as the parents who need to make arrangements in the best interests of their children when a relationship breaks down and one spouse moves abroad, or the small business left out of pocket by a supplier based in another country needing to seek redress in the courts.

Reciprocal private international law rules provide a framework to allow businesses in the United Kingdom, families and individuals to resolve these difficult and challenging situations. They help to avoid confusion for all parties by preventing multiple court cases taking place in different countries on the same subject and potentially reaching different conclusions. Such reciprocal rules also allow for the decisions of UK courts to be recognised and enforced across borders. All this helps to reduce cost and anxiety for the parties involved. It is vital, therefore, that in the future the UK can not only continue to co-operate on private international law matters with existing partners, but implement new agreements into our domestic law that are fit for the 21st century, and this Bill underpins our ambition to deliver real and tangible benefits for our country and our citizens both now and in the years to come.

I would also like to reassure right hon. and hon. Members that whilst private international law can support and underpin cross-border trade, the Bill is not about the implementation of free trade agreements. The terms on which trade between two countries take place are clearly outside the scope of the Bill.

During our membership of the EU, we helped to build, develop and refine an advanced framework of rules on private international law. On 31 January 2020 we marked the first time in more than 20 years that full competence in this area of law returned to the UK. It is important that we acknowledge this new reality and take appropriate steps, and those include ensuring that our statute book is fit for purpose. The Bill achieves this by reimplementing in domestic law three key private international law agreements in which we currently take part so that in future we do not need to rely on retained EU law as the main legal basis for our continued participation.

These three agreements are Hague conventions, adopted under the auspices of the Hague conference on private international law. The UK currently operates them due to our previous membership of the EU, but we will become an independent contracting party to them in our own right at the end of the transition period. Our continued membership of these agreements is widely supported by interested parties in the legal and finance sectors, and indeed by Members in this House and the other place. Clause 1 ensures that these important conventions can continue to operate effectively in the future by stating that they

“shall have the force of law in the United Kingdom”

from the end of the transition period, instead of relying upon retained EU law for their implementation domestically beyond then. This will make their implementation clearer and more straightforward for practitioners, litigants and, indeed, our international partners.

These three conventions cover distinct areas of private international law in the fields of commercial and family law. The 2005 Hague convention increases legal certainty in disputes that relate to cross-border commercial contracts, which include an exclusive choice of court clause. It does this by ensuring that there is no dispute over where a case should be heard and enables any resulting judgment to be recognised and enforced across borders.

These types of choice of court clause are common in high-value commercial contracts, but in family law we are also reimplementing two conventions that cover sensitive and important issues for individuals and families who become engaged in cross-border disputes when a relationship unfortunately breaks down. The 1996 Hague convention improves the protection of children in cross-border disputes and helps families to resolve issues such as residence of and contact with children whose parents live in different countries. Finally, the 2007 Hague convention provides for the recovery of child support and other forms of family maintenance across borders.

The Government made a number of minor and technical amendments in the other place, which received widespread support, to provide a clearer and simpler approach to the implementation of the transitional provisions relating to the 2005 and 2007 conventions. However, the reimplementation of the Hague conventions is only a measure for the status quo. We need to ensure that we are ready for the opportunities that will arise in the future.

I firmly believe that we must now seize that opportunity of regaining full competence in this area by building on our long and proud history in private international law and cementing our role in international forums, such as the Hague Conference, the Council of Europe, the United Nations Commission on International Trade Law and the International Institute for the Unification of Private Law. We have long been a world leader in this field, and we should aspire to remain so. While being justifiably proud of our achievements in this space thus far, to really harness our potential we need a legislative vehicle to be able to implement any new agreements successfully negotiated with our international partners.

[John Redwood (Wokingham) (Con)]

This is an extremely good, positive vision. Can my right hon. and learned Friend give one or two examples of the kind of reforms or improvements that he would be looking to make when we exercise our influence?

[Robert Buckland]

I am grateful to my right hon. Friend, who will share my strong belief in the success of the legal services sector both in England and Wales, and in Scotland, as well as in the Northern Ireland jurisdiction, and the importance of maximising the advantage that we have not just in our outstanding rule of law reputation, but our reputation as an international forum for the resolution of disputes. I can think in particular of issues related to arbitration and mediation, where important international conventions are being developed, where the United Kingdom not only needs to be part of it, but to be at the heart of it when it comes to improving not just the prospects for legal services, but the opportunities for the businesses and the citizens we serve.

European Union (Withdrawal) Bill

Debate between Robert Buckland and John Redwood

Wednesday 13th June 2018 Commons Chamber

[The Solicitor General]

No, I will not give way.

I made that point during the long debates in the referendum campaign. As a dedicated and fervent remainer, I said that when we leave the EU, it means we leave the whole shebang—there is no cherry-picking when it comes to not only the attitude of the UK but, importantly, the position of our negotiating partners.

[John Redwood (Wokingham) (Con)]

I entirely agree with the Solicitor General. Does he agree that a customs partnership—a customs union—is a non-negotiable nonsense that the EU thinks comes with all four freedoms? Will he further confirm that we have many fine industrial companies in this country, with complex supply chains operating just in time, importing components from non-EU countries?

[The Solicitor General]

My right hon. Friend is absolutely correct to draw our attention to the wider world and the reality of trade in the United Kingdom. I absolutely understand the point about just-in-time supply, representing, as I proudly do, large motor manufacturing companies in Swindon. I get the point, which is why the Government’s policy to seek trade that is as frictionless as possible has been at the very heart of everything we have set out to do right from the beginning of the negotiations.

European Union (Withdrawal) Bill

Debate between Robert Buckland and John Redwood

Committee: 2nd sitting: House of Commons
Wednesday 15th November 2017 Commons Chamber

[The Solicitor General]

I always listen to what the hon. Gentleman says with a great deal of interest, but I say in the context of the Bill—although mindful of the constraints of Committee debate—that the thrust of these amendments will not achieve what their movers seek, which is to keep this country in the EEA. That is because all the amendments are based on a mistaken understanding of the UK’s relationship with the EEA. The UK is a party to the EEA agreement in its capacity as an EU member state, so once we leave the EU, the EEA arrangement will no longer be relevant. It does not have a practical effect at international level, and domestic legislation cannot change that.

[John Redwood]

Will the Minister confirm that one of the few things remain and leave agreed about in the campaign is that we would be leaving the customs union and the single market, and we would not be doing a Norway? [Interruption.] Both sides said that, and the British public understood it.

[The Solicitor General]

My right hon. Friend and I were on opposite sides of that debate—indeed, we have been on opposite sides of the debate on Europe for the 20 years and more that I have known him—but I never said in the many arguments I made up and down the country that this was a have your cake and eat it withdrawal: if we voted to leave, it would mean we left the institutions of the EU, which included the customs union and the single market. That is why I campaigned against it, but I accept, as every democrat I know does, the result of the referendum.

I shall now move on, as swiftly as I can, to deal with the effects of these amendments.

Water Industry

Debate between Robert Buckland and John Redwood

Tuesday 5th November 2013 Commons Chamber

[Mr Robert Buckland (South Swindon) (Con)]

It is a pleasure to follow my hon. Friend the Member for Newbury (Richard Benyon), who spoke with passion and real understanding about what is a complex issue. The water industry was privatised nearly a quarter of a century ago now, and it is reaching a crossroads. While I agree with my hon. Friend about the levels of investment that privatisation has delivered—which is well in excess of £100 billion in the last 25 years—we are reaching a stage where we now need to look for different solutions. My hon. Friend touched on a number of them in his remarks, and I was very impressed by his description of City analysts and their attitude to the regulated sector, and the challenge of gearing. As he said, the high level of gearing is causing inflexibility. That is leading to unimaginative solutions to the problems that beset companies such as Thames Water, which serves not only the London area, but the area I have the honour of representing: Swindon.

My hon. Friend mentioned abstraction from the Kennet, and I should commend the Save Water Swindon campaign, which is all about encouraging householders to be sensible in the use of water. It has had a marked impact and continues to this day. Indeed, only a couple of weeks ago I was helping Thames Water promote that campaign.

All that is detail, however, but today’s debate presents us with an opportunity to look more broadly at the challenge facing the industry. I am grateful to the Backbench Business Committee for accepting the application made in my name and that of my hon. Friends the Members for Dover (Charlie Elphicke) and for Skipton and Ripon (Julian Smith). There is quite a geographical spread between our constituencies, which shows that this is an issue for the whole country, not just the area I represent.

Although cost-of-living issues are very much the stuff of current political debate, the issues raised today long predate the current political spat. This debate has to be about value for money for local consumers and businesses and finding better ways for our water industry to operate.

Despite the interesting contribution of the right hon. Member for Holborn and St Pancras (Frank Dobson), who is no longer in his place, there is no doubt that 25 years ago privatisation was the right course of action. There was no alternative for the industry if we were to seek and secure new forms of capital investment. The achievements of Bazalgette and the Victorians lasted us for a long time, but we have by now reached a stage where renewal and reinvestment are essential.

Now, after nearly a decade of continued price rises, householders are rightly asking themselves, “Why us?” In the context of the current monopoly, who can they turn to? The situation is worse than the Henry Ford scenario of “You can have any colour you like, as long as it’s black,” because there is nowhere else for consumers to go.

I understand why the regional model was adapted from the previous nationalised structure. In many ways that made sense in terms of bringing together infrastructure with water supply, and I can think of the example of Severn Trent with its assets over the border in Wales, but I ask this question: is the regionalised model sustainable for the long term? Is there not a better way of dealing with the industry?

[Mr Redwood]

When we debated this, I was the one who said, “You must have competition and you can have competition in water, as in other things.” I lost that battle. Privatisation solved the capital shortage but, apart from that, it has left all the evils of the monopoly in the nationalised business—a lack of quality, a lack of choice, high costs and a lack of innovation.

[Mr Buckland]

I am grateful to my right hon. Friend for that, and his role in all this back in the late 1980s must not be underestimated. As he rightly says, now is the time for us to draw an analogy with other industries such as telecoms, where infrastructure and supply are dealt with separately. Giving consumers the right to switch suppliers is essential if we are to drive through an improvement in service.