Home Secretary: Resignation and Reappointment

Baroness Winterton of Doncaster Excerpts

Wednesday 26th October 2022 Commons Chamber

[Jeremy Quin]

I thank the hon. Gentleman for reminding us of the real issues that underpin this Administration and are affecting our country. I am not going to set out a timetable for him, as that is for others to do, but I absolutely recognise the pith of his comments. There are really important challenges that we need to get after and the one he mentions is right there among them, and I have absolute confidence that the Home Secretary and the immigration Minister are working on that night and day to get us the results we need.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Minister for answering the urgent question.

Doncaster Sheffield Airport

Baroness Winterton of Doncaster Excerpts

Monday 24th October 2022 Commons Chamber

[Katherine Fletcher]

The hon. Lady speaks with passion and partisanship in not mentioning my hon. Friend the Member for Don Valley (Nick Fletcher). I think she is a little late to the party; even a cursory glance at my hon. Friend’s social media feed will show that he is on day 105 of his campaign to save Doncaster airport. He has met a series of different parties, and it is slightly beneath the hon. Lady not to recognise his efforts to protect his local community.

Baroness Vere, the aviation Minister, met Peel on 19 October, and it assures her that it is open to meeting potential investors. The Secretary of State has met Peel twice. The implication that we are not doing everything to find a solution for regional airports, which we recognise are incredibly important, is not correct.

I am sure that the Civil Contingencies Act will come up in other questions, so let me allude to it briefly. The Civil Contingencies Act is for absolute emergencies only. Even one of the operators at the airport has written to the Prime Minister to explain that it can still find contingency efforts elsewhere, so the threshold for the last Labour Government’s legislation has nowhere near been met.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Transport Committee, Huw Merriman.

[Huw Merriman (Bexhill and Battle) (Con)]

This issue also came up in the Transport Committee session with the Secretary of State. We asked her whether there would be any intervention. She made it clear that it would not be financial, but that all technical assistance would be offered in the hope that there would be a solution similar to that for Teesside International Airport, where the Mayor of the Tees Valley found a solution.

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[Katherine Fletcher]

I thank the Chair of the Select Committee for the question. As I do not have the aviation portfolio, I will not commit from the Dispatch Box to things that are not exactly accurate; I will ask Baroness Vere to write to him with the specifics of the technical assistance. I do know that there have repeated meetings at a number of levels. When it comes to regional airports, he makes a good point. As I outlined in my opening remarks, in Manchester, Liverpool and the Tees Valley, among others, local authorities are investing to support a commercial solution. That option is available to the South Yorkshire mayoral combined authority and to Doncaster Council in this case.

[Madam Deputy Speaker]

I call the shadow Secretary of State, Louise Haigh.

[Louise Haigh (Sheffield, Heeley) (Lab)]

I like the Minister very much and I wish her well in her ministerial duties, but she is not the aviation Minister; the Secretary of State should be here to answer this urgent question. A critical regional airport is days away from closure and she cannot be bothered to turn up. What message does it send to the people of South Yorkshire, 125,000 of whom signed a petition to keep the airport open, that she will not attend the Chamber and cannot even attend meetings with South Yorkshire MPs and leaders to discuss how we can protect Doncaster Sheffield airport? The Government have repeatedly refused to meet the Mayor of South Yorkshire and other regional leaders to discuss what options are open. It is truly a slap in the face to the hundreds of people whose jobs currently hang in the balance.

When the right hon. Member for South West Norfolk (Elizabeth Truss)—the Prime Minister for the next few hours at least—came to Yorkshire, she gave a commitment on behalf of the Government to protect Doncaster Sheffield airport. That commitment must outlast her Government, not least because this airport is of strategic significance: it has one of the longest runways in Britain, it is the base for the National Police Air Service, and it is a home to national coastguard operations.

Thanks to the leadership of the Mayor of South Yorkshire, credible investors have been identified, but it is obvious that the Peel Group never had any intention of negotiating in good faith, so it is not an option for Doncaster Council or the Mayor to purchase shares in the airport, given that the Peel Group is refusing to sell. It is willing to let the airport close, to let infrastructure be degraded and to remove any chance of its being reopened in future.

The case for action from the Government is crystal clear. The use of emergency powers under the Civil Contingencies Act is the only possible measure to keep the airport running. Potential investors have made it clear that the Secretary of State’s refusal to use those powers is creating far greater uncertainty and instability, and is making purchase at any point in future even more unlikely. Can the Minister outline precisely why the Secretary of State has refused to consider the use of the Act? That decision is political, so it is beholden on her to explain to the people of South Yorkshire why she refuses to use it. If she continues to refuse, will the Minister lay out what powers exist anywhere else that could keep the airport running?

As we await the third Prime Minister in seven weeks, there is less than a week left to save the airport. If the Government do not take the action that the people of South Yorkshire desperately need them to take, the people will conclude that this is final proof that the Tories’ levelling-up agenda is dead.

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[Katherine Fletcher]

I think my hon. Friend gives a wonderful preview of tonight’s Adjournment debate, and I look forward to it greatly.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

I warned many times, while the attention was disproportionately on the Heathrows and the Gatwicks of the world, about how the perilous position of regional airports—their recovery from covid has been far slower—was being ignored. The closure of Doncaster Sheffield is a blow to vital regional connectivity. What is—and, indeed where is—the Government’s strategy for regional connectivity? Regional connectivity is not just about flights to London, which the current public service obligation legislation solely supports, and such flights are always the first to go when slots are needed for more lucrative routes. Direct regional links with European and global destinations have to be the priority.

I have also said many times that retail is a much higher proportion of regional airports’ revenues, but we have seen VAT-free shopping at the point of sale abolished. It was to be replaced by a less generous VAT reclaim scheme, but that has also been abandoned. I ask that this issue is looked at again. At the very least the Government must look at arrivals duty-free, which has cross-party support. Will they do so?

Finally, what plans does the Minister or her colleagues have to meet people from the regional airports, including Glasgow in my constituency, to find out and act on what they need, rather than what Greater London wants?

Health and Social Care Update

Baroness Winterton of Doncaster Excerpts

Thursday 22nd September 2022 Commons Chamber

[The Secretary of State for Health and Social Care (Dr Thérèse Coffey)]

I am pleased today to set out to Parliament our plan for patients. As the Prime Minister said on the doorstep of Downing Street, she had three clear priorities: growing the economy; tackling energy security and support for households and businesses; and the NHS, with patients being able to get a GP appointment.

Patients are my top priority and I will be their champion, focusing on the issues that most affect them or their loved ones. Most of the time, patients have a great experience, but we must not paper over the problems that we face. We expect backlogs to rise before they fall as more patients come forward for diagnosis and treatment after the pandemic, and the data shows, sadly, that there is too much variation in the access and care that people receive across the country.

The scale of the challenge necessitates a national endeavour. As we work together to tackle these immense challenges, I will be proactive, not prescriptive, in our approach as we apply a relentless focus on measures that affect most people’s experience of the NHS and social care.

Today, we are taking the first step in this important journey by publishing “Our Plan for Patients”, which I will lay in the Libraries of both Houses. It sets out a range of measures to help the NHS and social care perform at their best for patients. The plan will inform patients and empower them to live healthier lives; place an intensive focus on primary care, the gateway to the NHS for most people; use prevention to strengthen resilience and the health of the nation; and improve performance and productivity.

To succeed, we will need a true national endeavour, supported by our making it easier for clinical professionals to return to help the NHS, as well as drawing on the energy and enthusiasm of the million people who volunteered to help during the pandemic by opening up opportunities for them to help in different ways. That could be by becoming a community first responder, or by, for example, strengthening good neighbour schemes across the country. We will also explore the creation of an ambulance auxiliary service.

The plan sets out our work on the ABCD of priorities that affect most people’s experience of the NHS and social care. First, on ambulances, I want to reduce waiting times for patients and apply a laser-like focus on handover delays, so that ambulances get back on the road and to patients, where they are needed most.

Our analysis shows that 45% of the delays are occurring in just 15 hospital trusts. That is why the local NHS will be doing intensive work with those trusts to create more capacity in hospitals—the equivalent of 7,000 more beds—by this winter through a combination of freeing up beds, with a focus on discharge, and people staying at home and being monitored remotely through the sort of technology that played such an important role during the pandemic. In addition, when patients call 999, the speed of answering is critical, so we will increase the number of call handlers for both 999 and 111 calls.

Next is the backlog, where the waiting list for planned care currently stands at about 7 million, exacerbated by the pandemic. This summer, we announced that we have virtually eliminated waits of over two years, and we remain on track to reach the next milestones in our plan. To boost capacity, we are accelerating our plans to roll out community diagnostic centres as well as new hospitals, and we will maximise the use of the independent sector to provide even more treatment for patients.

As well as capacity, we are also getting more people on the frontline, making it easier for people to work in and help the NHS. We know that people are leaving the workforce for a variety of reasons. We have listened, and we are responding and addressing a number of those reasons. For instance, pension rules can currently be a disincentive for clinicians who want to stay in the profession or to return from retirement and help our national endeavour. We will correct pension rules relating to inflation; we will expect NHS trusts to offer pension recycling; and we will extend until 2024 measures that will allow people to stay or return to the NHS.

I can announce today that we will extend the operation of the emergency registers for health professionals for two more years. That is, of course, on top of commitments to boost the health and care workforce, such as our manifesto pledge to recruit 50,000 more nurses by 2024. That will sit alongside the design and delivery of our forthcoming workforce plan.

C is for social care. At the moment, one of the key challenges is discharging patients from hospital into more appropriate care settings to free up beds and help improve ambulance response times. To tackle that, I can announce today that we are launching a £500 million adult social care discharge fund for this winter. The local NHS will be working with councils with targeted plans on specific care packages to support people being either in their own home or in the wider community. That £500 million acts as the down-payment in the rebalancing of funding across health and social care as we develop our longer-term plans.

I know that there is a shortage of carers across the country. We will continue to work with the Department for Work and Pensions on a national recruitment campaign. In addition, since last winter, we have opened up international recruitment routes for carers. We will support the sector with £15 million this year to help to employ more care workers from abroad. We are also accelerating the roll-out of technologies such as digitised social care records, which can save care workers about 20 minutes a shift, freeing up time for carers to care.

Finally, D is for doctors and dentists. I am determined to address one of the most frustrating problems faced by many patients: getting an appointment to see their doctor, or getting to see a dentist at all.

Starting with doctors, we are taking five steps to help make that happen: first, setting the expectation that everyone who needs a GP appointment can get one within two weeks; secondly, opening up time for more than 1 million extra appointments, so that patients with urgent needs can be seen on the same day; thirdly, making it easier to book an appointment; fourthly, publishing performance by practice to help to inform patients; and fifthly, requiring the local NHS to hold practices to account, providing support to those practices with the most acute access challenges to improve performance.

Clearly, clinicians are best placed to prioritise according to the clinical need of their patients. In July, 44% of appointments were same-day appointments, but too few practices were consistently offering appointments within a fortnight.

To help free up appointments, we will ease pressures on GP practices by expanding the role of community pharmacies. I am pleased to announce that we have agreed a deal for an expanded offer over the next 18 months. Pharmacists will be able to prescribe certain medications rather than requiring a GP prescription. As well as other measures involving community pharmacists, we estimate that that will free up 2 million appointments. We are also changing funding rules to give freedoms to GPs to boost the number of staff to support their practice. We estimate that that measure could free up 1 million GP appointments.

For patients, we will make it easier for them to contact their practice, both on the phone—we are making an extra 31,000 phone lines available this winter, followed by further deployment of cloud-based telephony—and online, particularly through the NHS app. As I set out, we will also correct pension rules so that our most experienced GPs can stay in practice. By extending the emergency register, we are creating opportunities for people other than GPs to undertake tasks such as vaccinations.

On dentists, there are too many dental deserts. That is why we are setting out an ambition that everyone seeking NHS dental care can receive it when they need it. We have already started changing the dental contract to incentivise dentists to do more NHS work and take on more difficult cases. I pay tribute to my predecessors in this role for their success in beginning to tackle this long-standing issue.

We will also streamline routes into NHS dentistry for those trained overseas so that they can start treating patients more quickly. We will make it a contractual requirement for dentists to publish online whether they are taking on new NHS patients.

These measures, across a number of important areas, are the start, not the end, of our ambitions for health and care. They will help us to manage the pressure that health and care will face this winter and next, and they will improve these vital services for the long term. My priorities are patients’ priorities, and I will endeavour, through a powerful partnership with the NHS and local authorities, to level up care and match the expectations that the public rightly have. Whether you live in a city or a town, in the countryside or on the coast, this Government will be on your side when you need care the most. I commend this statement to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Secretary of State.

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[Dr Coffey]

I thank the hon. Gentleman for his warm welcome to my ministerial team and me. It has been just two weeks—[Hon. Members: “Twelve years!”] Forgive me. Well, in those12 years there have been more doctors and nurses working in the NHS than ever before. We have record funding going into the NHS. The money that the Government spend through the Department of Health and Social Care is about 40% of our day-to-day spending. That is the reality of the Conservative party investing in the long-term health of our nation.

The hon. Gentleman mentioned a variety of things. I can absolutely say that there will be no changes to the target of a four-hour wait in A&E. I believe that it matters. I will give the House a recent personal experience. In July, I went to A&E myself; I waited for nearly nine hours to see a doctor, and I still did not get any treatment. I was asked to go back the next day, so I went to a different hospital just three miles away and was seen and treated appropriately. That is the sort of variation we are seeing across the NHS, and it is the reason for my approach.

Only last week we started getting some data from NHS Digital about what is happening practice by practice, so we can start to understand it and start to use experts in the local NHS to prioritise helping those patients who are not getting the service that they should rightly expect, while giving freedom to those other GPs who are doing a fantastic job of supporting patients in their practice. That is why I do not intend to be prescriptive, but I am determined on behalf of patients to drive up the performance of those who need help to do things better.

On ambulances, I am very conscious of the issue. The hon. Gentleman is right to say that we have been in power for 12 years, and I am conscious that I have been working for a decade on improving things for my constituents as well. With a particular focus on ambulances, I think it would be helpful for the House to learn about our recent analysis showing that 45% of the handover delays are concentrated in a part of the country. Even so, I appreciate that that is not good enough.

I also understand that although similar numbers of ambulance calls are being made, there are many more category 1 and 2 calls and our fantastic paramedics are treating more people at home without needing to take them to hospital. Nevertheless, that brings me the challenge of how we can do more to help ambulances get back on the road so that they can treat patients. As with many other emergency services, we also need to consider the potential extension of volunteers through auxiliary services or community first responders. In London alone there are about 120 community first responders, but I think I have more than that in my constituency of Suffolk Coastal. It is about recognising that for the million people who volunteered to help, we can find a way for them to help us during these particularly challenging times, as well as working with the NHS to tackle the fundamental issues.

On access to GPs, I am conscious that Labour introduced the 48-hour target when it was in power. We were told by the NHS and by doctors that of course they met it—I expect that was part of their contracts—but that it did not necessarily mean better outcomes for patients at their practice; indeed, they got into a routine of not booking appointments more regularly. It is important that we address that.

I am very conscious that the plan for patients has only just been published. I deliberately tried to ensure that we held back important aspects of it, such as the £500 million adult discharge fund, for the House’s interest rather than speaking about them before coming here today.

I can assure the hon. Gentleman that I am very happy to continue to work in partnership with the NHS. Keeping the focus on patients is critical, as is building on the existing NHS winter plan, developing the workforce, and all the plans and strategies that need to be carefully considered as we set about the long-term improvements that I think he will enjoy and will want me to champion on behalf of patients.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Health and Social Care Committee, Jeremy Hunt.

[Jeremy Hunt (South West Surrey) (Con)]

I welcome the Secretary of State to her new role. As I know, it is the hardest job in Government, but she has a zen-like calmness which means that she is well suited to dealing with the pressures that lie ahead.

There is much to be welcomed today, particularly the pension rule changes, the additional funds for social care and the new powers for pharmacists, but may I ask the Secretary of State to rethink the new two-week access target for general practice? If targets were the answer, we would have the best access in the world in the NHS, because we have more targets than any other healthcare system in the world. GPs alone have 72 targets, and adding a 73rd will not help them or their patients, because it is not more targets but more doctors that the NHS needs. Will the workforce plan to which the Secretary of State recommitted herself—I welcome her commitment to publishing it—include hard numbers, so we can know how many doctors we will need in 10, 15 and 20 years’ time and whether we are actually training them, and will she publish it before Christmas so that staff can at least go into the winter knowing that there is a plan for the future?

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[Dr Coffey]

I thank my right hon. Friend. I remember supporting him from the Back Benches in his passion for the NHS, and I am absolutely committed to continuing that.

I think my predecessors may have committed themselves to publishing aspects of, or conclusions from, the workforce plan, but I assure my right hon. Friend that now that I have spent time focusing on the priorities, work on the plan is already ongoing and I hope to make progress on further elements today, working alongside my new ministerial team, so that we can maximise that progress.

One of the key things that I want to do is make it more straightforward for people—wherever they are in the world, as long as they are of sufficient quality—to be able to come and practise in England. I was astonished to learn that we cannot even allow people who are accredited in Scotland to come here straight away and practise as dentists. We will be laying regulations on the day we return from the recess, which will enable the General Dental Council, for example, to accelerate this aspect of streamlining so we can ensure that when high-quality doctors and dentists are accredited, anywhere in the world, we can take that into account and enable them to help patients in this country more rapidly.

[Madam Deputy Speaker]

I call the Scottish National party spokesman, Martyn Day.

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

Let me start by welcoming the Secretary of State to her new role and thanking her for advance sight of her statement.

There is no doubt that the NHS, in all four nations, is facing an incredibly difficult winter, with possible rises in covid infections alongside winter illnesses and increases in slips and falls, all of it while recovering from the dire effects of the pandemic and, now, an energy crisis. An inflation-busting uplift is vital to getting our health systems back into good shape, enabling them to get through this winter and support those in need. It has been estimated that the cost of living crisis will add £3.7 billion a year to the cost of social care alone, with far higher rises across the NHS generally. How does the Secretary of State justify her Government’s prioritising of bankers and tax cuts for the rich at a time when investment in public services is more essential than ever, and will she support the SNP’s call for an NHS uplift greater than inflation?

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[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Obviously, many colleagues want to contribute, but if we are going to get everybody in, that will require brevity. I call Steve Brine.

[Steve Brine (Winchester) (Con)]

Thank you, Madam Deputy Speaker. I warmly welcome the Secretary of State to her role and wish her all the best. Her predecessor talked about a new cancer agenda. Could she indicate whether that is in the offing, and will it be accompanied by a genuine cancer workforce plan? Will it involve what my hon. Friend the Member for Erewash (Maggie Throup), the former public health Minister, rightly mentioned about prevention in respect of obesity, the second biggest cause of cancer in this country, and, obviously, smoking, the biggest preventable cause of death in this country?

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[Dr Coffey]

I decided to diagnose, in effect, what is happening care by care, and that is really important. Nevertheless, more generally, I will of course be introducing the £500 million care fund to make sure that that happens.

[Madam Deputy Speaker (Dame Rosie Winterton)]

It may be helpful if I explain that I am trying to call people first in this statement who perhaps did not get in during the last statement.

Tributes to Her Late Majesty the Queen

Baroness Winterton of Doncaster Excerpts

Saturday 10th September 2022 Commons Chamber

[Angela Richardson (Guildford) (Con)]

It is a privilege to speak on behalf of my constituents. I will focus my remarks on Her Majesty’s role in marking the milestones of Guildford throughout her reign.

Queen Elizabeth first visited Guildford in 1957 with His Royal Highness the Duke of Edinburgh to mark the 700th anniversary of the town’s charter. She was presented with a traditional gift for royal visitors to Guilford, on the balcony of the Guildhall, which was a plum cake—although I am not sure whether she partook of it, given her fondness for chocolate cake instead. The Queen then visited the half-completed Guildford cathedral, signing, with the Duke, two bricks to be incorporated into the structure. There they remain, along with many thousands of others signed by Guildfordians. She will be indelibly with us in Guilford for centuries to come.

Four years later, in May 1961, Her Majesty attended the consecration of the cathedral. It was the first new Anglican cathedral to be built in 500 years. In 2011, she returned with the Duke to mark 50 years since that consecration.

During the second world war, Her Majesty served in the Auxiliary Territorial Service in and around the Surrey area, and retained her connection to the successor Women’s Royal Army Corps during her reign. In 1964, she opened the WRAC barracks in Guildford, which, I am glad to say, cast off its nickname of the “powder puff barracks” to become the Queen Elizabeth barracks; today, this is the community of Queen Elizabeth Park. Her Majesty returned 15 years later, in 1979, to mark 60 years of the WRAC Association, unveiling a plaque to mark the occasion. In February 1981, she opened the Royal Surrey County Hospital and spent time touring the new facility, speaking to staff and patients. She returned in 1997 with the Duke to open the amazing St Luke’s cancer centre.

Her Majesty was also a visitor to the University of Surrey, attending the service of thanksgiving for the university’s silver jubilee in 1992 and opening the Surrey Space Centre in 1998. In October 2015, the Queen returned to open a school of veterinary medicine with the Duke of Edinburgh, when, as well as touring the facility, she spoke to Professor Noel Fitzpatrick about prosthetic limb use for dogs.

Her Majesty was a monarch who retained an interest in the lives of her people. She returned to cathedrals she had inaugurated, hospitals she had opened, organisations of which she had been a part and universities where the future scientists, artists and leaders of her nation were being educated. That interest and warmth drew so much affection from her people. Her investment in this country and its people was total and unwavering. It was the greater part of her and she an irreplaceable part of us all. May she rest in peace and may God save the King.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before I leave the Chair, Mr Speaker has asked me to remind Members and staff that there is a service tomorrow at 6 pm at St Margaret’s church for the parliamentary community to remember Her late Majesty the Queen. Those wishing to attend should please contact Mr Speaker’s Office.

May I also say that it has been an honour to hear so many moving tributes to Queen Elizabeth II? I know that I speak for my constituents of Doncaster Central when I say thank you to our late Queen for her lifetime of public service. May she rest in peace, and long live the King. [Hon. Members: “Hear, hear!”]

UK Energy Costs

Baroness Winterton of Doncaster Excerpts

Thursday 8th September 2022 Commons Chamber

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Just before we move on, I say to Members that there is absolutely no problem with there being interventions. However, I would advise sticking to the three minutes, because not everybody is necessarily going to get in. Interventions mean that the speaker gets an extra minute, and that means an extra minute off somebody else. Please do take interventions, but I would really appreciate it if colleagues then stuck to the three minutes.

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[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

Some of the announcements are welcome, particularly the focus on people who are not on the grid. I would like to highlight to the Government Front Benchers—I hope they will go away and seek more clarity on this—the people who resell energy. They are often landlords in blocks who buy the energy on the commercial market and resell it to their tenants. The Government have never explicitly mentioned that. They have talked about heat networks, which is if the landlord is running a boiler, but not about landlords they are supplying the electricity directly to a flat. Those meters are not on the official meter grid and they will not even be eligible for the £400 support from the Government unless action is taken. There needs to be some urgent action to ensure that landlords can purchase at fair prices and that they pass them on. At the moment, the landlord has to pass the cost on at the purchase price. I am not saying that landlords are gouging, but there is a problem that the purchase price is a commercial price, not a residential price. I hope the Government will come back with clarity on that.

The reality is that this package is still a £500 increase on what energy bills are today. This is not a reduction; it is an increase. It did not need to be like this. We could have regulated the wholesale market price, and the Government could have stepped in and offered loans to energy companies to bridge the gap for the gas they are importing. That could have been the offer, with the debt put on the energy companies and not the state, but that is not what has been put forward. The Government could have fixed energy prices at what they are today and made interventions, but we have not seen that either. Therefore, there are real difficulties relating to who pays. Does this come from the profits of the companies or is it done on the backs of the people? I am afraid that the wrong choice has been made, because future generations, and even this generation in future years, will pay for this policy. That does not seem right.

Improvements of efficiencies were mentioned slightly but not enough. We need a house-to-house, street-by-street approach to insulation—as my constituency neighbour, the hon. Member for Brighton, Pavilion (Caroline Lucas), has called for—to get this right. Leaving it to the market does not work. We will not get the efficiencies of scale. Labour has put forward a plan to start that process, but even more ambition is needed.

We also need to look at the production of wind energy not just offshore, but onshore, and having solar panels on our roofs. At the moment, the solar panel feed-in tariff is less than the cost of buying energy directly from the market. That does not work; we need to reverse it. We need to give people the incentive to pay into the grid at a fair market price—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order.

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[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. May I just point out that if Members speak for less than three minutes, we will get more of them in? I call Imran Hussain.

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[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call Virginia Crosbie, but let me emphasise again that if everybody spoke for just two minutes, we would have a much better chance of getting everybody in.

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[Mike Wood (Dudley South) (Con)]

The speed and scale of the support announced by the Prime Minister is hugely welcome and, obviously, hugely necessary for the many households that simply could not have afforded energy bills of £3,500. Together with the £400 payments to each household, the £650 to those on low incomes and the £300 to pensioner households, it will make a real difference. I hope that we can have some clarification on the position of those residential properties that are on commercial meters, perhaps because they were converted from commercial businesses.

The support will also make a real difference to many businesses, whether they are energy-intensive businesses, such as those in ceramics and glassmaking in my constituency, or whether they are in hospitality. Similarly, perhaps we can have further clarification on the position for those businesses that have recently had to enter into new contracts. Will they still be able to switch to the new price cap or the support that has been announced?

Let me deal with the criticisms that have been made. There is some superficial political attraction to extending the windfall tax—of course, we already have a windfall tax set at 25% on top of the 40% tax already paid by British oil and gas producers. The attraction is more superficial and political than real and effective, because the revenue that an extension would raise would be small in comparison with the cost of the necessary support. It would affect less than half of the oil and gas we use in the UK, because that is what is produced in the UK. Making UK oil and gas production less competitive will, in the medium and long term, reduce our energy security at the worst possible time. That is something that we cannot afford.

It has also been suggested that the package will affect price signals. As a reformed economist, I know that economists can sometimes dwell a bit too much on good theory and ignore the real world, but I find it hard to credit that people would be less careful with their energy when the price cap is at £2,500 than they would be if it were £1,000 higher. Clearly there would be a huge impact if energy were free, but we are already at a level at which people are being very careful with what they use.

This is the right package, and it is an effective package. We need to get it into the pockets of households and businesses—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order.

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[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Felicity Buchan has one minute.

[Felicity Buchan (Kensington) (Con)]

I warmly welcome this bold, decisive and comprehensive measure, which is exactly the right thing to do. I particularly welcome the measures on communal heating networks, which are huge in my constituency with all my mansion blocks.

I like that we are focused on self-reliance. I tried to intervene on the Leader of the Opposition, because he rightly talked about self-reliance when it comes to energy, but part of the reason why we are not self-reliant is because, between 1997 and 2010, the Labour party failed to invest in renewables and other sources of energy, so our dependence on gas went from 32% to 46%.

All the measures announced today are welcome. I welcome the commitment to net zero, and I welcome the investment in renewables.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Secretary of State, Edward Miliband.

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[Mr Rees-Mogg]

I would love to give way, but time is very short.

We are fully committed to green growth and the green industrial revolution, and to net zero by 2050, but we have to get there, and to get there we are going to need oil and gas. We are therefore going to have a new oil and gas licensing round, which we hope to launch in October. I reassure the right hon. Member for East Antrim (Sammy Wilson) that we will work with communities and individuals to use shale gas as well, with the support of those who may be affected. The pause on extraction is being lifted through a written ministerial statement and will come into effect immediately. This will allow us to gather further data on seismic safety. It is fundamentally important, as any economist knows, that pricing is set at the margin. If you have more, it helps bring prices down. That is fundamental. It is not in any way contradictory to what we have said before. We will also have legislation to support people in Northern Ireland, which is fundamentally important. We must be one United Kingdom in how we do this.

I am very grateful for the many contributions that were made in the course of the debate, including by my hon. Friend the Member for Worcester (Mr Walker), my right hon. Friends the Members for Central Devon (Mel Stride), for Forest of Dean (Mr Harper) and for South Northamptonshire (Dame Andrea Leadsom), my hon. Friend the Member for Bolton West (Chris Green), my right hon. Friend the Member for Preseli Pembrokeshire (Stephen Crabb), my hon. Friends the Members for East Surrey (Claire Coutinho), for Watford (Dean Russell) and for Gloucester, my right hon. Friend the Member for Basingstoke (Dame Maria Miller), and my hon. Friends the Members for Ynys Môn, for Dudley South (Mike Wood) and for Sevenoaks (Laura Trott). I commend the motion on the Order Paper to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before I put the Question, I am very sorry that all right hon. and hon. Members were not able to get in to speak in the debate. It was very oversubscribed. I remind Members that it is important to get back in good time for the wind-ups in order to hear the responses to what people have said.

Question put and agreed to.

Resolved,

That this House has considered UK Energy Costs.

[Madam Deputy Speaker]

Before we move on to the next business, I wish to pass on my thoughts and best wishes, and those of the people of Doncaster Central, to Her Majesty the Queen and her family.

Social Security (Special Rules for End of Life) Bill [Lords] (Allocation of Time)

Ordered,

That the following provisions shall apply to the proceedings on the Social Security (Special Rules for End of Life) Bill [Lords]—

Timetable

(1) (a) Proceedings on Second Reading and in Committee of the whole House, any proceedings on Consideration and proceedings on Third Reading shall be taken at today’s sitting in accordance with this Order.

(b) Proceedings on Second Reading shall (so far as not previously concluded) be brought to a conclusion two hours after the commencement of proceedings on the Motion for this Order.

(c) Proceedings in Committee of the whole House, any proceedings on Consideration and proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion three hours after the commencement of proceedings on the Motion for this Order.

Timing of proceedings and Questions to be put

(2) When the Bill has been read a second time:

(a) it shall, despite Standing Order No. 63 (Committal of bills not subject to a programme order), stand committed to a Committee of the whole House without any Question being put;

(b) proceedings on the Bill shall stand postponed while the Question is put, in accordance with Standing Order No. 52(1) (Money resolutions and ways and means resolutions in connection with bills), on any financial resolution relating to the Bill;

(c) on the conclusion of proceedings on any financial resolution relating to the Bill, proceedings on the Bill shall be resumed and the Speaker shall leave the Chair whether or not notice of an Instruction has been given.

(3) (a) On the conclusion of proceedings in Committee of the whole House, the Chair shall report the Bill to the House without putting any Question.

(b) If the Bill is reported with amendments, the House shall proceed to consider the Bill as amended without any Question being put.

(4) For the purpose of bringing any proceedings to a conclusion in accordance with paragraph (1), the Chair or Speaker shall forthwith put the following Questions in the same order as they would fall to be put if this Order did not apply:

(a) any Question already proposed from the Chair;

(b) any Question necessary to bring to a decision a Question so proposed;

(c) the Question on any amendment, new Clause or new Schedule selected by the Chair or Speaker for separate decision;

(d) the Question on any amendment moved or Motion made by a Minister of the Crown;

(e) any other Question necessary for the disposal of the business to be concluded;

and shall not put any other questions, other than the question on any motion described in paragraph (13)(a) of this Order.

(5) On a Motion so made for a new Clause or a new Schedule, the Chair or Speaker shall put only the Question that the Clause or Schedule be added to the Bill.

(6) If two or more Questions would fall to be put under paragraph (4)(d) on successive amendments moved or Motions made by a Minister of the Crown, the Chair or Speaker shall instead put a single Question in relation to those amendments or Motions.

(7) If two or more Questions would fall to be put under paragraph (4)(e) in relation to successive provisions of the Bill, the Chair shall instead put a single Question in relation to those provisions, except that the Question shall be put separately on any Clause of or Schedule to the Bill which a Minister of the Crown has signified an intention to leave out.

Subsequent stages

(8) (a) Any Message from the Lords on the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.

(b) Proceedings on any Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under sub-paragraph (a) shall thereupon be resumed.

(9) Paragraphs (2) to (5) of Standing Order No. 83G (Programme orders: conclusion of proceedings on further messages from the Lords) apply for the purposes of bringing any proceedings to a conclusion in accordance with paragraph (8) of this Order.

Reasons Committee

(10) Paragraphs (2) to (6) of Standing Order No. 83H (Programme orders: reasons committee) apply in relation to any committee to be appointed to draw up reasons after proceedings have been brought to a conclusion in accordance with this Order.

Miscellaneous

(11) Standing Order No. 15(1) (Exempted business) shall apply to proceedings on the Bill.

(12) Standing Order No. 82 (Business Committee) shall not apply in relation to any proceedings to which this Order applies.

(13) (a) No Motion shall be made, except by a Minister of the Crown, to alter the order in which any proceedings on the Bill are taken, to recommit the Bill or to vary or supplement the provisions of this Order.

(b) No notice shall be required of such a Motion.

(c) Such a Motion may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.

(d) The Question on such a Motion shall be put forthwith; and any proceedings suspended under sub-paragraph (c) shall thereupon be resumed.

(e) Standing Order No. 15(1) (Exempted business) shall apply to proceedings on such a Motion.

(14) (a) No dilatory Motion shall be made in relation to proceedings to which this Order applies except by a Minister of the Crown.

(b) The Question on any such Motion shall be put forthwith.

(15) (a) The start of any debate under Standing Order No. 24 (Emergency debates) to be held on a day on which the Bill has been set down to be taken as an Order of the Day shall be postponed until the conclusion of any proceedings on that day to which this Order applies.

(b) Standing Order No. 15(1) (Exempted business) shall apply in respect of any such debate.

(16) Proceedings to which this Order applies shall not be interrupted under any Standing Order relating to the sittings of the House.

(17) (a) Any private business which has been set down for consideration at a time falling after the commencement of proceedings on this Order or on the Bill on a day on which the Bill has been set down to be taken as an Order of the Day shall, instead of being considered as provided by Standing Orders or by any Order of the House, be considered at the conclusion of the proceedings on the Bill on that day.

(b) Standing Order No. 15(1) (Exempted business) shall apply to the private business so far as necessary for the purpose of securing that the business may be considered for a period of three hours.—(David T.C. Davies.)

Northern Ireland Protocol Bill

Baroness Winterton of Doncaster Excerpts

Committee stage
Wednesday 20th July 2022 Commons Chamber

Queen’s consent signified.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I must inform the House that Mr Speaker has not selected the reasoned amendment in the name of Ian Blackford.

[Michael Ellis]

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

While the debates in Committee have been heated—literally, given the ambient temperature—the exchanges have been productive. Members heard detailed scrutiny of the Bill and the Government’s planned solutions to the problems that the protocol is causing in Northern Ireland. Some Members do not agree with the Government’s diagnosis, but it has been reassuring to note how many Opposition Members do agree and accept the problems, even if they do not currently accept that the Government have no choice but to proceed unilaterally. I can understand that, but unfortunately, while our door is always open, there does not appear to be a fruitful negotiation to be had with the European Union at present.

We have not had a Report stage debate, as the Committee did not see fit to amend the Bill. I, and the Government as a whole, see that as a strong vote of support for our proposals, and we hope that those who are eagerly waiting for them to come to pass in Northern Ireland will take heart in the knowledge that they may not have to wait too long, and that the House of Commons has heard them. I hope that the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) and his party will hear that too, and will continue their moves towards returning to power sharing.

The Bill is a powerful toolkit. I know that there are noble Lords in the other place who might think it too powerful, but the Government have been clear on our policy and the range of detailed regulations that will be required, and these are the tools for the job. The Bill provides certainty that the elements of the protocol that have developed into problems will no longer apply in our domestic law and, alongside that, ensures that the Government can honour their promises to the people of all the communities in Northern Ireland. We will protect that which is working to maintain the economic and social framework for north-south traders and nationalists, and we will fix that which is undermining the lives and livelihoods of east-west traders and Unionists.

This Bill is the Government’s top legislative priority. Given the grave situation in Northern Ireland, it must be so. Negotiations will always remain a possibility, and the Bill ensures that implementation of any agreement will not cause further delays. Negotiations tomorrow are always a day away, but it is today in Northern Ireland and the issues are clearly with us now. In the absence of other comprehensive and durable solutions, the Government and Parliament must act. I therefore commend the Bill to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister, Stephen Doughty.

Extreme Heat Preparedness

Baroness Winterton of Doncaster Excerpts

Monday 18th July 2022 Commons Chamber

[Kit Malthouse]

The hon. Gentleman raises a good point, and I have specifically asked all Secretaries of State to identify particular channels of communication that might be used to target the most vulnerable groups, and it is not just the national health service. Train operating companies, for example, know who holds particular concession cards, and local authorities and the third sector are often able to communicate. We need to gently alert the whole population that we should look out for each other, and people in specific vulnerable groups must be able to get the advice and support they need, if and when they need it.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Minister for answering the urgent question.

Confidence in Her Majesty’s Government

Baroness Winterton of Doncaster Excerpts

Monday 18th July 2022 Commons Chamber

[Chris Clarkson]

On a point of order, Madam Deputy Speaker.

[Madam Deputy Speaker (Dame Rosie Winterton)]

It is quite bad to have points of order that disrupt debates. The hon. Member for Heywood and Middleton (Chris Clarkson) has had a chance to speak. I am not sure whether he tried to intervene on the hon. Member for Rhondda (Chris Bryant), but he may go ahead with his point of order.

[Chris Clarkson]

The hon. Member for Rhondda (Chris Bryant) just pointed at me and said, “and that’s why he should be ashamed.” Is that in order, Madam Deputy Speaker?

[Madam Deputy Speaker]

Well, yes, if that is the opinion of the hon. Member for Rhondda. Did you try to intervene?

[Chris Clarkson]

No.

[Madam Deputy Speaker]

No, you did not. That would be the appropriate thing to do.

[Shaun Bailey]

Further to that point of order, Madam Deputy Speaker. The occupants of the Chair have consistently talked about temperance of language. I do not think it fits within the ruling given from the Chair to say that my hon. Friend the Member for Heywood and Middleton (Chris Clarkson), as an LGBT man, should be ashamed to defend this Government. Could you just clarify to the House whether that is temperate language?

--- Later in debate ---

[Madam Deputy Speaker]

First of all, that is not a point of order. Secondly, Mr Speaker, the Chairman of Ways and Means and I have all said that we should try to conduct this debate in reasonable terms. I think we all need to calm down and discuss the important matters before the House. I call Chris Bryant.

[Chris Bryant]

Thank you, Madam Deputy Speaker.

No, I don’t have confidence in this Government, because they play fast and loose with numbers. They boast that they are recruiting 20,000 more police, but they cut police numbers by 20,000. They boast of a single tax cut now but forget that they have increased taxes 15 times in two and a half years, giving us the highest tax burden for 70 years. They boast of the covid vaccination as if they personally developed it in the Downing Street kitchen, but France, Germany, Italy, Portugal and Singapore have higher vaccination rates than us, and Wales managed it faster than England.

No, I don’t have confidence in this Government, because not even Conservative MPs really have confidence in this Government. They know that this Government are a massive conceit, an organised hypocrisy, a house built on sand—and the fissures run deep. They are not even very good at being Conservatives these days, tearing up conventions and the constitution like student revolutionaries. Of course, that is not how Conservative MPs will vote today. Oh no—they would not dare risk a general election. But even as they troop through the Lobby to indicate that, yes, they do still have confidence in the Government, they will be privately plotting that Government’s demise. They will be making themselves look foolish today. I do not mind that, but they cannot take the British public for fools as well.

--- Later in debate ---

[Dave Doogan (Angus) (SNP)]

Well, I certainly do not have confidence in this cobbled-together, bottom-of-the-barrel Government. If we are supposed to be voting tonight on whether or not we have confidence in them, people out there will surely be asking if that is some sort of rhetorical question. When we add all the Opposition MPs, all the Ministers who resigned and all the Tory MPs who voted against the Prime Minister in their vote of confidence, I think we know where Parliament sits on this Prime Minister. It is not a positive report card in any way, shape or form.

Scotland never took this Prime Minister seriously for a minute. I am a testament to that: when it went to the country in 2019, Angus said, “No, we’re not going to have a Tory MP. We’re going to have an SNP MP in Westminster, speaking up for the values of fairness and opportunity and underscoring our mandate for an independence referendum”—and it will happen, I can assure you of that.

I will not miss this Prime Minister talking up the UK economy and gaslighting the people of these islands about it. He makes it sound like a land of milk and honey, but there is £2.2 trillion of sovereign debt in the UK’s name. Let us be really clear: when this Government came to power, there was £0.8 trillion of sovereign debt. We are getting on for three times that figure, which took nearly 100 years to build up; this Government have nearly tripled it in 12 years. The Government have lost complete control of the economy. The term “working poor”, let us not forget, should be a contradiction in terms, but it is not—not in the UK, where two people in one house can go out to work for 40 hours a week and still not have enough money to put food on the table.

The Prime Minister cloaks himself in the NHS in the most shameless, unedifying way possible—it is absolutely abhorrent. Then there are these phantom numbers about building new hospitals, and all the while people cannot get access to an ambulance or make their way up a waiting list for an operation.

The Prime Minister shamelessly exploits the UK armed forces, who should be above politics but have been dragged mercilessly into it by this Prime Minister and his cronies in the Cabinet. Thousands have been cut from the Army on his watch. Nuclear weapons and their delivery systems are getting on for consuming a sixth of the armed forces budget. The Government have cut the E-7 Wedgetail programme to three. The Ajax £5.5 billion debacle has been rumbling on for the entire duration of this Government’s term. Yet they are supposed to be the Government who stand up for the defence of these islands. It is a disgrace.

Worst of all, how dare they deny democracy in Scotland? The people of these islands in Scotland are not confused. They do not vote SNP out of some sort of habit or tradition; they vote SNP because they recognise our values in their values, and they do not recognise the values of the Conservative party, one iota.

Conservative Members are smirking and laughing, Madam Deputy Speaker. Well, laugh up your sleeve, I’ll tell you that, because the people of Scotland are watching you. They are watching the disdain that you have for the decisions—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Too many times now, you have used the word “you”. It is one thing to use it in a general sense, but you are implying things about me when you use it with the word “disdain”.

[Dave Doogan]

I would not dream of doing so, Madam Deputy Speaker.

They are laughing up their sleeve. The people of Scotland are recognising that, and they do not like it one iota. We will have our say, and we will divest from this broken United Kingdom once and for all.

--- Later in debate ---

[Chi Onwurah]

I thank my hon. Friend for underlining that point—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. A lot of Members have put in to speak, and it is important that we get to them. If colleagues wish to take interventions, that is absolutely no problem, but I strongly encourage them to stay within four minutes.

[Chi Onwurah]

Yes, Madam Deputy Speaker.

I have no confidence in a Government who do not support working families in Newcastle. When people have no confidence in the Government, it drains their confidence in politics and democracy generally. After all that has tested our country—the financial crisis, austerity, Brexit, covid, inflation—it is more important than ever that we have confidence in our leadership. But I have no confidence in this Government, because the Prime Minister repeatedly told Parliament that there had been no parties, and he was then fined for partying.

I have no confidence in this Government, because as our Queen contemplated the loss of her life partner of 73 years, alone, Downing Street partied. I have no confidence in this Government because each and every Minister, whether they resigned or not, is tainted by the support that they gave to the disgraced but still presiding Prime Minister. I have no confidence in this Government, because the Prime Minister does not find formal sexual misconduct complaints against a serving Government Minister to be memorable.

I have no confidence in this Government, because when the Minister for Brexit Opportunities and Government Efficiency was asked to justify slashing 91,000 civil servants, he said that technology would enable them to do more with less. The right hon. Member for the middle ages agreed only reluctantly to a digital Parliament and is happy to give the impression that the printing press is a recent and debatable innovation. I have no confidence in the Government, because when giving a valedictory assessment of his meteoric rise and fall, the expensively Eton and Oxford-educated Prime Minister said “them’s the breaks”.

I have no confidence in this Government because they have decided to do without a science Minister, even as they say that science is essential to our economic recovery. I have no confidence in this Government because, as our nation faces a lethal heatwave—one so severe that the rail links between Westminster and my constituency have been severed, and the NHS is braced for a wave of heatstroke victims—the Prime Minister prefers to play “Top Gun” rather than turning up for Cobra meetings. I have no confidence in this Government because the candidates to replace the disgraced Prime Minister are so mired in mud-slinging that they barely mention health, education, jobs or the environment, and have now cancelled further debates because they are so embarrassing. I have no confidence in this Government because they appear to be in an arms race to slash taxes, cut the state, and “postpone”, or abandon, our commitment to net zero carbon emissions.

As we swelter in this country, we should remember that the whole of Europe is less than two thirds the size of the Sahara desert. If we do not meet the climate challenge, the Sahara is coming for us. If the Government think that net zero commitments are “expensive”, they should try costing the retrofitting of air conditioning in every home and school and every other building in the country. That will be but a small part of what it will cost us.

I have no confidence in this Government because they have no ideas and no convictions. They are a zombie Government; worse, they are a vampire Government, effectively dead but still continuing to suck the lifeblood from my constituents. Only a Labour Government can provide the fresh start that we deserve.

[Miriam Cates (Penistone and Stocksbridge) (Con)]

May I begin by saying that my colleagues on the Government Benches look very much alive to me?

Looking back over the last two and a half years, I think we can say with confidence that the Government have done a lot of things well. We left the EU when so many said that that was not possible. Our covid response has been one of the best in the world. The furlough scheme, delivered at extraordinary speed, prevented the horror of mass unemployment. Early decisions taken on vaccine procurement saved countless lives, and enabled the UK to leave lockdown sooner than almost any comparable nation. On Ukraine, this Government and our Prime Minister have led from the front, not only in terms of sanctions but in providing military and moral support.

In my constituency, the Government are delivering on our manifesto promises to level up. The towns fund will see £24 million invested in Stocksbridge and Deepcar. Government grants have rescued cultural assets such as the Paramount cinema. A new “fibre in the water” project in Penistone offers the possibility of rolling out high-speed broadband to rural homes. The Prime Minister’s personal intervention on behalf of the steel industry, in particular to keep the steel safeguards, has been a boost for local industry and an important demonstration of this Government’s commitment to areas that were once the powerhouse of this country, and can be again.

No Administration is perfect, and ours has made its fair share of mistakes, but this Government have done many things, nationally and locally, to inspire confidence. Of course, I speak in the context of huge uncertainty at the heart of Government. The Prime Minister has resigned—I have lost track of who has not resigned—and we are in the middle of the process of choosing a new leader. The events of the last six months will be chewed over relentlessly in the coming years, but let us not forget that, despite the Prime Minister’s mistakes and misjudgments, 14 million people voted for our party under his leadership, securing the biggest Conservative majority for three decades. Unlike so many other politicians, my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson) has the ability to inspire, to uplift, and to connect with those who feel that the British establishment does not represent them, their communities or their values.

After 2016, the reputation of Parliament suffered, as ordinary people looked on while “the establishment”—as they saw it—sought to overturn the biggest popular mandate of all time. My concern is that when a coalition of the media, the Opposition and, sadly, some within our party work relentlessly—and, now, ultimately successfully—to destabilise a Prime Minister with such an extraordinary democratic mandate, we may once more be accused of trying to thwart the democratic will of the people.

As we on these Benches are engaged in the process of choosing our next leader, let us consider this. No one is without fault. No one is without a past. No one who has the skills, experience and charisma to lead our great nation will never make a mistake. No one has never lied. We have been told that the Prime Minister had to go because of his lack of integrity and a tendency to change his mind. The previous Prime Minister had to go because she had too much integrity and refused to change her mind. Perhaps, like Goldilocks, we will now find our “just right”. But our party is a broad church, and we have a broad range of candidates vying to lead it. Whoever wins, we must unite behind his or her leadership, and stand firm against attempts to throw us off course. Perhaps the question is not “Who is ready to lead?”, but “Are we ready to be led?”

So yes, Madam Deputy Speaker, I do have confidence in this Government. I have confidence in the British people who put this Government in place, and I wish the new Prime Minister—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. The hon. Lady’s time is up. I call Hannah Bardell.

--- Later in debate ---

[Madam Deputy Speaker (Dame Rosie Winterton)]

Okay, but remember what I said earlier about Members who were trying to catch my eye and chose to intervene—down the list.

[Jonathan Gullis]

The hon. Lady is casting aspersions against people who attended private school. I find it quite disrespectful that my mother and father, who chose to send me to that school and to use their hard-earned money to give me the best start in life—which they unfortunately did not receive themselves—should be insulted in this way.

[Hannah Bardell]

I think that there is a basic reality here. In a tweet, the academic Taj Ali pointed out that

“Just 7% of Brits are privately educated…43% of the…most influential news editors, 44% of newspaper columnists…are privately educated. A two-tier education system creates a two-tier society.”

That is the point I am making. We have a Prime Minister who is completely divorced from reality. The current leadership race and its navel-gazing narcissism have given us a window into that elitism and privilege. Among the contenders is one of the richest men in the UK, who by his own admission knows literally no one who is working class. Those people left the Government only when they realised that their own reputations would be tainted. Whether it is the Windrush scandal or the Post Office Horizon crisis, there is a litany of chaos behind this Government.

I have no confidence in this Government because they have failed to build proper social housing, failed to fund a health service that was already on its knees before the pandemic, and failed to protect the most vulnerable in our society. Instead, they have cut the financial lifelines of the poorest and most vulnerable, and have sought to balance the books on their backs while vilifying them.

The SNP Government in Scotland are sick to the back teeth of cleaning up the mess of this Conservative Government, and using our precious resources, with one financial hand tied behind our back, to clean up that mess. Mitigating the bedroom tax and lifting the poorest and most marginalised out of poverty without the full basket of financial powers is hugely challenging, but we do it because we understand what it means to govern in everyone’s interest.

This Tory Government have failed because they have failed to quell the river of dirty Russian money flowing through their financial system. I was on the Sanctions and Anti-Money Laundering Bill Committee with my hon. Friend the Member for Glasgow Central (Alison Thewliss) and I saw this Government turn their back on the opportunity to stem the corruption and flow of dirty money. While we are grateful for what they have done in Ukraine, it is an absolute disgrace that this Prime Minister, this Government and previous Prime Ministers did so little.

I have no faith in this Government because they have presided over a right-wing Brexit that has torn our social and economic fabric apart. We understand the notion of credibility. The sooner Scotland can get independence, the sooner Scotland can flourish and the rest of the UK can, I hope, have its own democratic enlightenment and be free from the chaos and corruption that this Westminster system of Government holds.

I have no confidence in this Government because I am sick and tired of hearing Conservative Members talking on television about how, because they had personal experience of those who lost loved ones during the pandemic, we somehow do not have the right to challenge the fact that their Prime Minister partied his way through it. The reality is—[Interruption.] Hon. Members might shake their heads, but I had to stand at the deathbed of one of my team, a dear friend, through a window in her hospice because I was not allowed to cuddle her, while their Prime Minister partied his way through it. And there he is, still sitting in power—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I call James Daly.

--- Later in debate ---

[James Daly]

They have bankrupted it, and they have one of the worst drug problems in the west. They are the absolute definition of incompetence—[Interruption.] Absolutely not! No more nonsense about the rubbish we have just heard. This is a motion of confidence, and to hear from a party with a record of utter, dismal failure that they intend to criticise this Government is truly laughable.

Can I turn to Greater Manchester—[Interruption.]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I cannot hear.

[James Daly]

Let us turn to the record. We have covered the SNP’s record, so let us see the record of the Labour party in Greater Manchester that my constituents are faced with. With that great political titan, the Mayor of Greater Manchester, what have we had? We have the Greater Manchester police, for which he is the police and crime commissioner, in special measures. We have had the iOPS computer system, which has cost about £800 million—completely wasted. We have mental health services, all under the control of Andy Burnham in Greater Manchester, in special measures. What a complete and utter disaster. The cherry on the cake was when he attempted to impose upon people in greater Manchester the world’s biggest green air charging zone. Andy Burnham’s big idea was to charge my constituents anywhere between £10 and £60 for having the temerity to go to work. That is what they are faced with.

The great record of the Labour-controlled council in Bury comes down to this. I can only go through the litany of failure. In the Bury Times today, we see that children’s mental health services in Bury are on their knees because of our Labour-controlled council. The headline in the paper says that it will take 10 years for Labour-controlled Bury Council to get children’s services back to even a “good” rating. This is under a Labour council. The record of the Opposition parties on how they have interacted with our constituents as governing bodies throughout this country is absolutely abysmal.

I wish the hon. Member for Birmingham, Yardley (Jess Phillips) was still here, because she missed something out when we were talking about rape and serious sexual offending, which has an incredibly serious record. What she never touches on is the abysmal record of the Leader of the Opposition as Director of Public Prosecutions. That is something Labour Members quite rightly never talk about—[Interruption.] Absolutely, and they throw allegations out regarding this Government’s record.

So, what do we have? My Government have spent £10 million on building a new science, technology, engineering and maths high-skill centre in Bury. They have saved Gigg Lane and given my constituents back their 130-year-old football club. They have invested £80 million in transport infrastructure and provided £20 million for a levelling up bid for Bury town centre. Mysteriously, the hon. Member for Bury South (Christian Wakeford) is not here. I know he would want to—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Has the hon. Gentleman notified the hon. Member for Bury South that he is going to mention him?

[James Daly]

I will withdraw that, Madam Deputy Speaker. All I will say is that within the Metropolitan Borough of Bury we have another levelling-up fund bid in for the people of Radcliffe, a new school coming for the people of Radcliffe and the SEND school providing support services for some of the most vulnerable people in my communities. This is a Government to be proud of and a record to be proud of.

Northern Ireland Protocol Bill

Baroness Winterton of Doncaster Excerpts

Committee stage
Wednesday 13th July 2022 Commons Chamber

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I beg to move amendment 1, page 1, line 3, at end insert—

“(za) comes into effect only in accordance with section 26(2A) to (2D);”.

This amendment is linked to Amendment 2 to clause 26, which would require parliamentary approval for bringing into force any provisions of this Act.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Amendment 26, page 1, line 3, at end insert—

“(za) requires Ministers of the Crown to set out a legal justification for altering the effect of the Northern Ireland Protocol in domestic law”

This is a paving amendment for NC8.

Amendment 31, page 1, line 4, leave out paragraphs (a) and (b).

Amendment 32, page 1, line 14, leave out from “Protocol” to end of line 15.

Amendment 5, page 1, line 15, at end insert—

“(e) provides powers to Ministers of the Crown that may be exercised only after good faith negotiations with the EU (through the mechanisms provided for in the Northern Ireland Protocol) have been exhausted and only with the approval of both Houses of Parliament and, where relevant, the consent of the Northern Ireland Assembly.”

This amendment would give primacy to a negotiated outcome between the UK and the EU and reflect the consent required by both Houses of Parliament and, where relevant, the Northern Ireland Assembly for powers conferred by the Act to be exercised.

Clause stand part.

Amendment 25, in clause 2, page 1, line 17, at end insert—

“(A1) This section is subject to section (Limitation of general implementation of the Northern Ireland Protocol: approval of Northern Ireland Assembly).”

This paving amendment is linked to NC7.

Clause 2 stand part.

Clause 3 stand part.

Amendment 6, in clause 15, page 8, line 47, at end insert—

“(1A) In this section “necessary” means the existence of a situation of grave and imminent peril that relates to one or more of the permitted purposes.”

This amendment defines the standard against which a Minister can exercise powers conferred by clause 15.

Amendment 14, page 8, line 47, at end insert—

“(1A) In this section “unpermitted consequence” means an outcome that would constitute a risk to or detrimental on—

(a) Strand Two of the Belfast Agreement including the North-South Ministerial Council, cooperation and action under the Council or consultation and agreements in all its formats, areas of cooperation and agreed implementation bodies;

(b) Strand Three of the Belfast Agreement, the British-Irish Council and cooperation, common policies or common actions on matters of mutual interest for relevant administrations including on issues, and in ways, referenced in that section of the Agreement;

(c) the single electricity market;

(d) Northern Ireland‘s access to the EU Single Market to the fullest extent permitted by the Protocol;

(e) continuing opportunities for institutions, economic operators and civic interests in Northern Ireland to access and participate in EU programmes and frameworks as permitted under and/or alongside the Protocol;

(f) Northern Ireland‘s access to trade deals between the EU and third countries to the fullest extent permitted by the Protocol;

(g) the productivity of businesses in Northern Ireland and the competitive marketability of goods produced there (through costs or complications associated with possible dual route regulatory compliances).”

This amendment provides that a Minister cannot exercise powers for the permitted purposes in Clause 15 in terms that could entail harmful impact on dimensions of the Good Friday Agreement and/or economic interests of Northern Ireland.

Amendment 27, page 8, line 47, at end insert—

“(1A) But subsection (1) is subject to section (Excluded provision: Parliamentary approval).”

This is a paving amendment for NC9.

Amendment 7, page 9, line 8, after “if” insert

“it does not cause one or more unpermitted consequence and if”.

Amendment 8, page 9, line 15, at end insert—

“(d) Article 18 (Democratic Consent in Northern Ireland)”.

This amendment adds Article 18 (Democratic Consent in Northern Ireland) of the Northern Ireland Protocol to the list of articles that a Minister of the Crown cannot exercise powers conferred by subsection (2) to provide cease to have effect in the United Kingdom to any extent.

Amendment 9, page 9, line 15, at end insert—

“(3A) A Minister of the Crown may not exercise the power conferred by subsection (2) until and unless the Minister has laid a report before both Houses of Parliament setting out the Minister of the Crown’s assessment of the necessity to exercise the power for, or in connection with, one or more of the permitted purposes and to state the one or more permitted purposes in question.”

This amendment places a reporting obligation on a Minister exercising powers conferred by section 15 to detail an assessment of why the regulations are necessary and to state the permitted purpose(s) relevant to that assessment.

Amendment 10, page 9, line 15, at end insert—

“(3A) A Minister of the Crown may not exercise the power conferred by subsection (2) before full consultation on proposed changes with, in particular—

(a) the Northern Ireland Human Rights Commission,

(b) the Equality Commission for Northern Ireland,

(c) the Committee of representatives of the Human Rights Commission of Northern Ireland and Ireland, and

(d) persons whom the Minister considers appropriate as representatives of business, trade, economic interests and civic groups.”

Clause 15 stand part.

Amendment 40, in clause 16, page 9, line 19, leave out “the Minister considers appropriate” and insert “is necessary”.

This amendment changes the threshold for giving a Minister power to make regulations under this Clause. The threshold is amended to make it objective rather than subjective.

Clause 16 stand part.

New clause 1—Maintaining levels of environmental protection—

“(1) A Minister of the Crown must, before exercising the powers conferred by this Act, make a statement to the effect that in the Minister of the Crown’s view the exercise of the powers would not to any extent have the effect of reducing the level of environmental protection provided for by any existing environmental law.

(2) The Minister of the Crown must seek the views of the Office for Environmental Protection before making a statement under this section.

(3) Any statement under this section must be published in such manner as the Minister of the Crown considers appropriate

(4) The Minister of the Crown must lay a copy of any statement under this section before each House of Parliament.”

This new clause would ensure that the powers proposed to be conferred by this Bill could be exercised only if in the relevant Minister’s view this would not undermine existing levels of environmental protection.

New clause 2—Environmental principles—

“No regulations may be made under this Act unless—

(a) a policy statement on environmental principles has been laid before the Northern Ireland Assembly under paragraph 7(6) of Schedule 2 to the Environment Act 2021, and

(b) paragraph 8 of Schedule 2 to the Environment Act 2021 is in force.”

This new clause would prevent the exercise of any powers proposed to be granted by the Bill until the Department’s policy statement on environmental principles has been finalised and Departments and Ministers are under a statutory duty to have due regard to it.

New clause 3—Meaning of “environmental protection”—

“In this Act “environmental protection” means any of the following—

(a) protection of the natural environment from the effects of human activity;

(b) protection of people from the effects of human activity on the environment;

(c) maintenance, restoration or enhancement of the natural environment;

(d) monitoring, assessing, considering, advising or reporting on anything in paragraphs (a) to (c).”

New clause 7—Limitation of general implementation of the Northern Ireland Protocol: approval of Northern Ireland Assembly—

“Section 2 of this Act has no effect unless it has been approved by a resolution of the Northern Ireland Assembly.”

This new clause would require the approval of the Northern Ireland Assembly before this Act could be used to limit the general implementation of the Northern Ireland Protocol.

New clause 8—Publication of legal advice—

“(1) The Prime Minister must lay before each House of Parliament a copy of the legal advice considered by the Government in respect to this Act which it received before the day of the First Reading in the House of Commons of the Bill for this Act.

(2) The Attorney General must lay before each House of Parliament the assessment made by Her Majesty’s Government of the doctrine of necessity in relation to the operation of the Northern Ireland Protocol prior to the First Reading in the House of Commons of the Bill for this Act.

(3) The Lord Chancellor must lay before each House of Parliament a report on to what extent the Bill for this Act was in accordance with Lord Chancellor‘s constitutional role in relation to the constitutional principle of the rule of law.”

This new clause requires the publication of the legal justification for the Bill for this Act.

New clause 9—Excluded provision: Parliamentary approval—

“(1) A Minister of the Crown may not make regulations that either bring into force any provision of this Act that makes any provision of the Protocol (or any related provision of the Withdrawal Agreement) excluded provision, or that make any such provision excluded provision, unless all three conditions in this section are met.

(2) The first condition in this section is that a Minister of the Crown has laid a statement before both Houses of Parliament setting out reasons—

(a) why, if no safeguard measures under Article 16 of the Protocol have been taken by the United Kingdom, the Minister of the Crown considers it appropriate to exclude a provision or provisions at that time rather than to do so only after the United Kingdom has taken such safeguard measures; and

(b) why and how, in the view of the Minister of the Crown, making the regulations is consistent with the international obligations of the United Kingdom.

(3) The second condition in this section is that the House of Commons has resolved, on a motion moved by a Minister of the Crown, to take note of the statement under subsection (2).

(4) The third condition in this section is that a motion for the House of Lords to take note of that statement has been tabled in the House of Lords by a Minister of the Crown and—

(a) the House of Lords has debated the motion, or

(b) the House of Lords has not concluded a debate on the motion before the end of the period of five Lords sitting days beginning with the first Lords sitting day after the day on which the House of Commons passes the resolution mentioned in paragraph (a).”

This new clause would, except where the government had already adopted safeguard measures under Article 16, require Ministers to make a statement to the House as to why they thought it appropriate and lawful to treat provisions of the Northern Ireland Protocol or any related provision of the EU Withdrawal Agreement as excluded provisions; and to require a House of Commons vote, and a debate in the House of Lords, before those excluded provisions could be brought into force.

New clause 10—Condition prior to limitation of the Northern Ireland Protocol—

“(1) This section sets out the condition which must be satisfied before a provision of—

(a) the Northern Ireland Protocol, or

(b) any other part of the EU withdrawal agreement,

is excluded provision.

(2) The condition must be either—

(a) the agreement condition (see subsection (3)), or

(b) the Article 16 condition (see subsection (4)).

(3) The agreement condition is that the United Kingdom and the EU have agreed following negotiations that the provision is excluded provision.

(4) The Article 16 condition is that—

(a) the United Kingdom is unilaterally taking appropriate safeguard measures, in accordance with Article 16 of the Northern Ireland Protocol,

(b) before taking those measures, the United Kingdom has followed the procedure set out in Annex 7 to the Protocol (which governs the taking of safeguard measures), and

(c) the safeguard measures being taken necessarily require that the provision is excluded provision.

(5) Where the condition is no longer satisfied, then the provision ceases to be excluded provision, and as a consequence any regulations made dealing with excluded provision lapse to the extent that they relate to provision which is no longer excluded provision.

(6) For the avoidance of doubt, the provisions of this Act remain subject to section 7A(2) of the European Union (Withdrawal) Act 2018, save where a provision of—

(a) the Northern Ireland Protocol, or

(b) any other part of the EU withdrawal agreement,

is excluded provision which has satisfied the requirements set out in this section.”

This new clause is intended to prevent Ministers from deviating from the international agreement that is the NI Protocol unless this has either been agreed to between the UK and the EU, or the UK have followed the procedure set out in Article 16 of the Protocol for unilaterally taking safeguard measures.

[Sir Robert Neill]

Amendments 1 and 2, the latter of which amends clause 26, relate to the commencement and operationalisation of the provisions in the Bill. I have drafted them in this way because of the nature of the Bill itself. We will come to amendment 2 on day three, but amendment 1 paves the way for it, so it may be convenient if I set out the thinking behind both amendments.

As was debated at some length on Second Reading—I will not repeat everything that was said—this is an unusual and rather exceptional Bill, and not necessarily in a good way. If fully brought into effect, the Bill would lead to the United Kingdom departing unilaterally from an international agreement and therefore breaking its obligations under both customary international law and the Vienna convention on the law of treaties, which is a grave and profound step for any Government to take.

I recognise that there are circumstances in which that step can be taken, and the Government asserted on Second Reading that the operation of the Northern Ireland protocol gives rise, or potentially gives rise, to those circumstances. The essence of it, though, depends on applying a factual evidence base to a legal test. The legal test in this case is essentially the international customary law convention of necessity, which is now enshrined in article 25 of the articles on state responsibility, which were adopted by the International Law Commission in 2001 and are recognised by the UN General Assembly, by our Government and by the international community as an authoritative statement of the law. Article 25 sets out that necessity may be invoked if certain tests are met. The point of these amendments is to say that if the Government, or any Government, were to take that step, they should do so upon the most compelling grounds, so that the factual basis for their actions met the legal test. The reputational consequences, politically, internationally and legally, are very significant, so this should be done only when that is thoroughly tested and set before this House to be tested.

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[Several hon. Members rose—]

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Just a gentle reminder that quite a few hon. and right hon. Members are wishing to catch my eye. I cannot impose a time limit because we are in Committee stage, but Members may like to bear that in mind.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

It is a pleasure to follow the hon. Member for Bromley and Chislehurst (Sir Robert Neill). We have become good friends since both serving together on the UK delegation to the Parliamentary Assembly of the Council of Europe, and I hold him in the highest of respect.

On behalf of my colleagues, I pay tribute to the former Secretary of State, the right hon. Member for Great Yarmouth (Brandon Lewis), who is in his place, for the work that he has done in bringing the Bill to this stage, and for the work that he did during his tenure as Secretary of State. He developed a good understanding of the difficulties in Northern Ireland with the protocol and the other issues. I know that it is his desire to move Northern Ireland to the next stage of the peace process to move towards reconciliation, but he recognised that there was a need to deal with these fundamental issues before we could get to that point. I thank him for the work that he has done in that regard. On behalf of my right hon. and hon. Friends, I extend our grateful appreciation.

I also welcome the new Secretary of State, the right hon. Member for North West Cambridgeshire (Shailesh Vara), to his place. I got to know him well when he was a Minister in the Northern Ireland Office and we look forward to working with him in the weeks ahead on the issues that confront us at this time.

I want to respond to the points that have been made in relation to amendment 1 and related amendments, to deal with the question of necessity in particular and the immediacy of the risk that has given rise to the Government introducing this legislation. I understand the points that have been made cogently here. Therefore, it is important, representing one element of the political community in Northern Ireland, to outline why we believe the Bill is necessary. We counsel against impeding the ability of the Government to press forward with this legislation.

On the risk, I echo the comments made by the hon. Member for Aberconwy (Robin Millar). For us as Unionists, there is a risk to the Union in relation to how the protocol is being applied in Northern Ireland. Both the High Court and the Court of Appeal in Northern Ireland have stated that the protocol subjugates article 6 of the Act of Union. That article confers on Northern Ireland citizens the right to trade freely within their own country. It states that there shall be no barrier to trade between the constituent parts of the United Kingdom. No one could reasonably argue that the protocol does not put in place barriers to trade. It most certainly does and I hear that every day from my constituents, whether they are consumers or businesses, and the difficulties that they are facing in trading with the rest of the United Kingdom.

Those difficulties have led to political instability in Northern Ireland. They have had an economic impact in Northern Ireland and I would argue strongly that there is the potential for that to lead to societal problems. We on these Benches have worked hard to ensure that those problems have not arisen. When people have taken to the streets and engaged in violence, we have worked in local communities to prevent a repetition of that. That has been the case across the community. It does not mean, though, that there are not strong feelings, particularly within the Unionist community, about what this protocol means not only for trade, which is important, but for their identity and for their place in the Union. As we have seen over the years in Northern Ireland, when people feel that their identity is threatened, when they feel that their place in the United Kingdom is being undermined, that can lead to societal problems.

The hon. Member for Bromley and Chislehurst has rightly argued that, from his perspective, he is looking to see the immediacy of the risk, but I say to him that it is there, it is very real and I ask him to take on trust from my contacts within the Unionist community that it is bubbling beneath the surface and we have worked hard to try to ensure that that does not emerge.

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[Stephen Farry]

I beg to move amendment 24, page 3, line 3, leave out subsections (1) to (3).

This amendment removes the designation of Article 5(1) to (4) and Annex 2 of the Northern Ireland Protocol relating to movement of goods and customs, as excluded provision.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Clause stand part.

Amendment 34, in clause 5, page 4, line 14, leave out “the Minister considers appropriate” and insert “is necessary”.

This amendment changes the threshold for giving a Minister power to make regulations under this Clause. The threshold is amended to make it objective rather than subjective.

Clause 5 stand part.

Amendment 35, in clause 6, page 4, line 29, leave out “they consider appropriate” and insert “is necessary”.

This amendment changes the threshold for giving a Minister power to make regulations under this Clause. The threshold is amended to make it objective rather than subjective.

Clause 6 stand part.

Amendment 15, in clause 24, page 13, line 16, leave out from “to” to the end of line 22 and insert

“House of Commons draft affirmative procedure”.

This probing amendment would apply “House of Commons draft affirmative” procedure in place of regulations on tax or customs matters being subject to annulment.

Amendment 16, page 13, line 27, leave out from “procedure” to the end of line 32.

This probing amendment would prevent Henry VIII powers (amending Acts of Parliament by regulations) being made on tax or customs matters using the “made affirmative” procedure.

Amendment 17, page 13, line 34, leave out “draft affirmative procedure” and insert

“super-affirmative procedure (see section (Super-affirmative resolution procedure: general provisions))”.

This probing amendment would replace draft affirmative procedure on tax and customs matters with super-affirmative procedure (see NC5).

Amendment 18, page 13, line 36, leave out subsections (7) to (9).

This amendment is a probing amendment removing the “made affirmative” procedure on tax or customs matters.

Clause 24 stand part.

New clause 4—UK-EU Joint Committee: reduction of sanitary and phytosanitary checks—

“A Minister of the Crown may not exercise any powers conferred by this Act until a Minister of the Crown has sought an agreement at the UK-EU Joint Committee on reducing sanitary and phytosanitary checks and laid a report setting out the details of those discussions before each House of Parliament and provided a copy of that report to the Speaker of the Northern Ireland Assembly.”

New clause 5—Super-affirmative resolution procedure: tax or customs matters—

“(1) For the purposes of this Act the “super-affirmative resolution procedure” in relation to the making of regulations subject to the super-affirmative resolution procedure is as follows.

(2) The Treasury or HMRC must have regard to—

(a) any representations,

(b) any resolution of the House of Commons, and

(c) any recommendations of a committee of the House of Commons charged with reporting on the draft regulations, made during the 60-day period with regard to the draft regulations.

(3) If, after the expiry of the 60-day period, the Treasury or HMRC wish to make regulations in the terms of the draft, the Treasury or HMRC must lay before the House of Commons a statement—

(a) stating whether any representations were made under subsection (2)(a); and

(b) if any representations were so made, giving details of them.

(4) The Treasury or HMRC may after the laying of such a statement make regulations in the terms of the draft if the regulations are approved by a resolution of the House of Commons.

(5) However, a committee of the House of Commons charged with reporting on the draft regulations may, at any time after the laying of a statement under subsection (3) and before the draft regulations are approved by that House under subsection (4), recommend under this subsection that no further proceedings be taken in relation to the draft regulations.

(6) Where a recommendation is made by a committee of the House of Commons under subsection (5) in relation to draft regulations, no proceedings may be taken in relation to the draft regulations in that House under subsection (4) unless the recommendation is, in the same Session, rejected by resolution of that House.

(7) If, after the expiry of the 60-day period, the Treasury or HMRC wish to make regulations order consisting of a version of the draft regulations with material changes, the Treasury or HMRC must lay before the House of Commons—

(a) revised draft regulations; and

(b) a statement giving details of—

(i) any representations made under subsection (2)(a); and

(ii) the revisions proposed.

(8) The Treasury or HMRC may after laying revised draft regulations and a statement under subsection (7) make regulations in the terms of the revised draft regulations if the revised draft regulations are approved by a resolution of the House of Commons.

(9) However, a committee of the House charged with reporting on the revised draft regulations may, at any time after the revised draft regulations are laid under subsection (7) and before the revised draft regulations are approved by that House under subsection (8), recommend under this subsection that no further proceedings be taken in relation to the revised draft regulations.

(10) Where a recommendation is made by a committee of the House of Commons under subsection (9) in relation to revised draft regulations, no proceedings may be taken in relation to the revised draft regulations in that House under subsection (8) unless the recommendation is, in the same Session, rejected by resolution of that House.

(11) For the purposes of subsections (4) and (8) regulations are made in the terms of draft regulations if the regulations contain no material changes to the provisions of the draft regulations.

(12) In this section the “60-day period” means the period of 60 days beginning with the day on which the draft regulations were laid before the House of Commons under section 24 of this Act.”

This new clause sets out the House of Commons super-affirmative procedure for tax and customs matters.

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[Nigel Mills (Amber Valley) (Con)]

It is a pleasure to speak in this debate, Madam Deputy Speaker, and to follow the hon. Member for North Down (Stephen Farry); I agree with some of what he said, if not, perhaps, some of his conclusions. I think that, of all the contents of the Bill, the Government are on the strongest ground when it comes to the clauses we are now debating, and that the EU could have found a way of agreeing with the UK Government how to fix this problem. In the protocol, it was agreed that Northern Ireland was in the UK customs territory, and only goods that were at risk of going into the single market needed to be inspected as they crossed the Irish sea. We ended up with the EU seemingly interpreting everything as possibly being at risk of going into the single market, which produced a ridiculous level of tests that would never be acceptable to the Unionist community of Northern Ireland and are doing the economic damage and causing the tensions we have seen.

It should be obvious and acceptable to both sides that it has been agreed that Northern Ireland will have a foot in both camps: a foot in the EU single market and the EU customs zone, and a foot in the UK single market and the UK customs zone. The only way to make that work is to accept that there is a porous border, where there is no way of exercising the usual level of control that the EU would insist on at its other single market borders around Europe. The key questions for everyone to focus on are these: what goods are we really worried about? What goods have a real risk of crossing that border without being checked—without having the customs declarations and the duty paid, or the various other checks that are required? Finally, how do we put in place measures that can mitigate that risk, and make people on both sides of the border happy that nothing is crossing that border that poses a real threat to the integrity of either market?

To be fair, the UK Government have been extraordinarily generous, not just at the Irish border but at the Dover-Calais border, by not introducing the checks we could have introduced and which we would expect to see at a normal border, because we largely trust goods that are in free circulation in the EU, even if they are not absolutely consistent with UK regulations, either now or in future, or perhaps there is a theoretical customs issue, even though we have a zero-tariff, zero-quota deal, and there may be some duty payable because of rules of origin. We have been extraordinarily relaxed in accepting that those risks are much lower than the risks of trying to impose the burden of huge amounts of checks.

Until we get the EU into the mindset of accepting the same position in relation to goods circulating in Northern Ireland, there is no solution, because at some point there will have to be a border with checks and processes somewhere. We know it cannot be on the island of Ireland. We accepted that trying to make the EU put the border between the European mainland and the island of Ireland would be a horrible situation that the Republic of Ireland could never accept and effectively mean that it had left the single market by mistake, which the Irish Government would never entertain. It always looked to most people that there was the prospect of a compromise by doing something down the Irish sea, where goods spend several hours on a ship allowing for inspections and for declarations to be made, but that it had to be done sensitively and only on the things that were really at risk, otherwise we would end up with the problem we have now, where the Unionist community will not accept it and there is too big a dividing line between the UK mainland and Northern Ireland.

I support what the Government are trying to do and some kind of red and green channel is the right solution. I think the problem we have is that we have extraordinarily little detail about how it will work and how we satisfy the EU that the data we think we can collect and give it is sufficient to get it in a place where it will not have some horrible overreaction. We have not managed to reach an agreement. In fact, I understand it will not even look at our database and the data we could share to see if it is enough to get it there.

We have what looks like a theoretically attractive solution that is the right end position, but we have no idea how to make it work on the ground. We are going from a position where it looked like the EU was going to accept trusted trader exemptions, where everything must be checked and declared unless we have pre-agreed that certain traders are trusted and therefore we can exempt them from it, almost to a position where, if I read red and green right, everything is exempt unless either the trader self-declares that he will go into the single market, or we presumably do some risk-based inspection and spot something that should have been in the red channel in the green channel. It is a stretch to think we will get the EU happy with that without its having serious trust in our internal identification processes.

Then there is the difficult scenario of what happens when somebody changes their mind: goods go into Northern Ireland to be sold in a Northern Ireland store, and then they get low on stock in the Republic of Ireland and decide they want to move them into the Republic. The goods will not have been checked and they will not have done the customs declarations. What will the process be? Where do they go to get the goods checked so that they can legally move them across the border? Or do they just move them, nobody ever checks it, it is all fine and that is that? Again, I would be surprised if we get the EU happy about that. We are going from a position where goods are in free circulation on the island of Ireland, to a position where goods may not be in free circulation on the island of Ireland. How do we fix that?

I urge the Government, as the Bill progresses, to publish the processes for exactly how that will work, and how we can have an effective international border and make the red and green lanes work, so that we can show we are really trying to identify the goods most at risk of cheating or abusing the rules to try to get around them. If we can do that, there is scope to negotiate with the EU and get to the end point that we will inevitably have to get to. Unless the EU wants no border at all or a border on the island of Ireland, it will have to make the system work. That has been apparent for the couple of years since we knew this was coming, but we need to have in place trust between the EU and the UK Administrations, and we need to have the working arrangements and trust between the Irish and the UK authorities in Northern Ireland, so they can work together, trust each other to do joint inspections and share information on a real-time basis—all those common working practices that we have not managed to get to, due to the tensions on both sides, and where we need to get to.

The question we have to ask is: does proceeding with the Bill help us to get towards negotiating a compromised, pragmatic end position or does it make that harder? Fundamentally, I suppose the Government’s answer will be, “We have tried to get the EU somewhere sensible on this matter for the past year or more and we have not managed it. So we will put in place these arrangements and the EU will have a choice: either come and work with us and get to the stage where you are happy with the processes that we have in place and the data we can share with you, or it is just tough—accept what we will offer you.” I sincerely hope, before we do this on a unilateral basis, that at least in this area, where it looks like a compromise should be achieved, we manage to put in place something that both sides are happy with.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I call the shadow Secretary of State.

Bill of Rights

Baroness Winterton of Doncaster Excerpts

Wednesday 22nd June 2022 Commons Chamber

[The Deputy Prime Minister]

My hon. Friend is absolutely right. In a democracy, we command, rule and govern by consent. We are at risk of losing public confidence in our immigration controls if we cannot take the common-sense measures that they expect. We are also at risk of losing public confidence in human rights if we do not restore a healthy dose of common sense.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Secretary of State for his statement. We now move on to the statement from the Minister for Brexit Opportunities and Government Efficiency.