United Kingdom Internal Market Bill

Debate between Robert Neill and Claire Hanna

Monday 21st September 2020 Commons Chamber

[Sir Robert Neill]

I must press on now, and not take any further interventions for some time out of respect for others who wish to speak in this debate.

The Government now accept that they must come to the House and make their case. I think that they recognise that that case would have to be a persuasive one, and that the level of breach by the EU—which would have to be a breach of its obligation of good faith, which in turn would be a breach, it seems to me, of the obligations under article 26 of the Vienna convention to operate in good faith—would have to be made out before I and many others would be prepared to vote for such a course, because of the potential consequences for our international reputation and standing. That is why I am prepared to adopt the formulation of the Lord Chancellor that such a thing might be acceptable in extremis. This is not a carte blanche for the Government, and, in fairness, I do not think Ministers have ever taken it as such; I think they know that it weighs heavily to do such a thing. If the Government move amendment 66 at the relevant stage tomorrow, I will be prepared not to press my amendment, but it is to give the Government the chance to make their case as to why such an exceptional step should be necessary.

It is not wise or constructive to conflate the positions of domestic and international law in this debate; they operate in different spheres, and much of what we are looking at would be in relation to treaty law. A test that is not dissimilar—although it can never be exactly the same—to those considered in the Vienna convention is, therefore, not out of the way.

I welcome, too, the fact that the Minister indicated that the measures that would be initiated would include the arbitral provisions under the protocol to the withdrawal agreement. To try to oust those provisions would be a material breach of the agreement on our part, and would be unconscionable. Under certain circumstances the timeframe for that might not be capable of being resolved in such a way that we might not have to take some proportionate and temporary action ourselves to safeguard a vital interest, but I am sure the Minister and the House will note that I choose my words carefully in all those regards. This is not a green light to treating our international obligations lightly or cavalierly; it is an opportunity for the Government to justify why it might be necessary. One cannot give undertakings as to what that might be until we have seen the evidence at the appropriate time, and I am sure the Government know that, too. But I hope that in practice this also has the desirable effect of enabling the negotiations to proceed and, at the end of the day—with good faith on both sides, which I hope, underneath, is still there—we can get an agreement with the European Union and leave on the terms of a deal. That may not be as good as I would have liked, but much of what I have been doing ever since the referendum is trying to mitigate a circumstance that I did not wish for but which I believe has to be addressed head-on for the sake of the country. If we can achieve an agreement, I hope these provisions will be otiose and we will see no more of them. The rest of the Bill is necessary because we need a proper and efficient working of our internal market once we leave the European Union. Therefore, my other motive for adopting the course that I have is not to obstruct the rest of the Bill needlessly.

It is in that spirit—which has, in fairness, been reflected in my exchanges with the Minister—that I set out the case for why the amendment is important to debate and to consider. If the Government are able to deliver in the terms that we have discussed, I will give them the chance to make their case, if it ever be necessary, in the profound hope that we never actually get to that.

[Claire Hanna (Belfast South) (SDLP)]

I rise to commend to the Committee amendments 46 to 48, amendment 41 and new clause 7, which stand in the name of the hon. Member for North Down (Stephen Farry).

There has been so much invocation of the Good Friday agreement, in favour and against the measures in the Bill, that I think it bears repeating some of what is and is not contained and implied in that generation-defining agreement. Those who have read the agreement will know that it does not really talk all that much about borders, trade and internal markets, because, frankly, the EU had settled all those things, and in 1998 the prospect of either Government choosing to leave the security, opportunity and prosperity of the EU would have been considered insanity.

Violence was the reason for the continuing fortifications. The Good Friday agreement was the document that articulated most clearly the argument, which had been made by John Hume and others for so many years, that violence was neither needed nor justified. It took the gun out of Irish politics and ensured that the purported justification of those behind the violence was addressed. The agreement was then endorsed by the people of Ireland, north and south, in overwhelming numbers, and endorsed by both Governments, as the only way to achieve your politics. It took away the excuse and put peaceful constitutional views to the fore. It meant that Unionists, nationalists and others could have their views with dignity and that we all had a decent pass forward.

The Good Friday agreement does not say much about borders and trade, but it does say a lot about relationships, aspirations, consensus and respect, and I think that those are the values that unfortunately have been most damaged and will be most damaged by the Bill. The declaration that accompanied the agreement—