Armed Forces Bill

Simon Hoare Excerpts

Consideration of Lords amendments
Monday 6th December 2021 Commons Chamber

[Leo Docherty]

I thank my hon. Friend for her question and for her comments about my hon. Friend the Member for Wrexham. The advantage of having a choice between civil or military jurisdiction relates to the possibility of a serving person being involved in a case of rape in which their welfare would be undermined by it being heard in a civilian court because of the slower process of the case and the fact that its being heard in the civilian jurisdiction might impede any postings or normal career progression. My principal point relates to the welfare interest of alleged victims, where having agility and choice is advantageous.

[Simon Hoare (North Dorset) (Con)]

Who chooses the jurisdiction in which such a case is heard? What grounds would they hear to inform that choice?

[Leo Docherty]

The civilian prosecutor always has the final say.

It is clear that Lords amendment 2 fails to recognise the purpose of this legislation. The new covenant duty works by requiring listed public bodies to have due regard for the principles of the armed forces covenant when exercising a relevant housing, education or healthcare function. This amendment seeks to add the Secretary of State to the list of public bodies but, of course, none of the housing, education or healthcare functions is a function of the Secretary of State. This amendment would therefore not serve any meaningful purpose.

Of course the Secretary of State, like other Defence Ministers, is entirely accountable for delivering the armed forces covenant and reports annually to Parliament to that effect, and he answers Defence questions and attends other parliamentary events. In designing the covenant duty, we carefully considered which functions and policy areas the new duty should encompass, including those that are the responsibility of central Government. We were mindful that central Government are responsible for the overall strategic direction of national policy, whereas responsibility for the actual delivery of nuts-and-bolts frontline services and their impact generally rests at local level. The inclusion of central Government, by naming the Secretary of State in the scope of the duty, is simply not necessary.

The other vital element of our approach rests with the new powers granted to the Government to add to the scope of the duty, if need be. The new covenant duty is evergreen and can effectively adapt to the changing needs and concerns of the armed forces community. We continue to engage with the Covenant Reference Group, which is made up of independent representatives from service charities, such as the Royal British Legion, and officials from local, devolved and central Government. This will feed into our existing commitment to formally review the overall performance of the covenant duty following this legislation. The review will be submitted to the Select Committee on Defence and will also be covered in the covenant annual report.

Furthermore, the Bill requires that the statutory guidance in support of the covenant duty is laid before Parliament in draft so colleagues can inspect and scrutinise it before it is brought into force. Ministers and the Ministry of Defence will continually be held to account on the delivery of the armed forces covenant.

--- Later in debate ---

[Simon Hoare]

My hon. Friend is making a powerful argument and I certainly think that these issues are best dealt with in the civilian courts, but where I have a problem with the Lords amendment is in respect of the power invested in the Attorney General. I am not sure that the Attorney General, as a Law Officer, should have that power. I would welcome my hon. Friend’s comments on that.

Committee on Standards: Decision of the House

Simon Hoare Excerpts

Monday 8th November 2021 Commons Chamber

[Steve Barclay]

It is helpful to get that on the record.

The Government will now redouble our efforts to engage on a cross-party basis—and, indeed with you, Mr Speaker—in the days ahead, because we know what we can achieve when we do so. For example, in collaboration with others, my right hon. Friend the Member for South Northamptonshire (Dame Andrea Leadsom) worked hard when she was Leader of the House to establish the Independent Complaints and Grievance Scheme. The scheme, to which the Government are wholly committed, is a model with many strengths. It includes an appeals process and an ability to adjudicate complex cases by virtue of its independent expert panel that is led by a High Court judge. Overall, the Independent Complaints and Grievance Scheme brings with it the expectation of rigour, impartiality and fairness for both the complainant and respondent.

[Simon Hoare (North Dorset) (Con)]

It would be of enormous help to the House if we could understand the Government’s thinking on the issue to which the hon. Member for Rhondda (Chris Bryant) alluded. The amended motion last week was passed; I voted against it, but it was passed. What is its status now? There seems to be a general consensus that the rules that we deploy with regards to standards should be reviewed. Are they to be reviewed under the current auspices, or under the auspices of the amended motion last week, with some shadow or secondary standards Committee looking at them? I think the House would find it helpful to know that we are going to work through the procedures in existence today and effectively expunge the amended motion from the record of last week.

[Steve Barclay]

It is clear that the Committee agreed by the House last week will not be able to develop proposals without cross-party participation, which is why we are continuing discussions and listening to views from across the House about the best way forward.

Dissolution and Calling of Parliament Bill (Instruction)

Simon Hoare Excerpts

Monday 13th September 2021 Commons Chamber

[Chris Bryant]

No, he did not—[Interruption.] He was still at school? I think that is a bit unfair on the hon. Gentleman. The point is that this was a major constitutional battle in 2019 and it would be odd of us not to consider it at all when we are dealing with these matters, which the Prime Minister himself declared were analogous.

[Simon Hoare (North Dorset) (Con)]

The hon. Gentleman will know that many Government Members had serious concerns about Prorogation at the time of which he speaks, but does he not accept that we are now back in what we could describe as more normal times? That procedure, Prorogation, had never given this House any problems before and is unlikely ever to do so again.

[Chris Bryant]

Well now, for a start, I am not very keen on the concept of “normal” at all. I have tried to avoid that as much as I can in my 59 years. More importantly, I am not sure that we are living in normal times.

Are there ever normal times in political debate? Surely that is the whole point of constitutional settlements. We do them oddly in this country, because we do not have a written constitution, as the hon. Gentleman knows; we have bits and pieces of the constitution written in lots of different statutes. The danger of proceeding by statute law is that the constitution becomes a constant plaything of the Government of the day. I would always want our constitutional settlement to last at least a generation, if not several, but my anxiety is that we are fiddling with just one part of the equation, not all of it.

Some have argued, as the Government did before the Supreme Court, that a prerogative power is by definition limitless. That flies in the face of history. Successive cases across the centuries, starting in 1611, have proved that every prerogative power has to have a limit. Otherwise, Parliament would never sit; the Government could, in theory, say, “Right—we are going to use our prerogative power of Prorogation just to make Parliament never sit.” That was one of the key things that the Supreme Court found.

My anxiety is that if the Supreme Court has already determined, and it is settled law, that Prorogation is a justiciable matter, it will be justiciable again unless we introduce statute law to change it.

Oral Answers to Questions

Simon Hoare Excerpts

Wednesday 16th June 2021 Commons Chamber

[Mr Speaker]

Let us go to the Chair of the Select Committee on Northern Ireland Affairs.

[Simon Hoare (North Dorset) (Con) [V]]

Like the hon. and learned Member for Edinburgh South West (Joanna Cherry), Jo Cox was in my intake in 2015. She was a sparkling light among us and we miss her enormously. I associate myself with your remarks at the start of our proceedings, Mr Speaker.

Does my right hon. Friend the Secretary of State agree that mutual trust is possibly the key ingredient to sorting out the position with regard to the Northern Ireland protocol? Our Committee has just had Lord Frost before us for an hour and a half, taking questions; I think that he agreed on that proposition as well. What is my right hon. Friend doing as Secretary of State to ensure that the issue of trust and its importance is understood across Whitehall?

Oral Answers to Questions

Simon Hoare Excerpts

Wednesday 21st April 2021 Commons Chamber

[Brandon Lewis]

We are working intensely with our partners and colleagues in the European Union. Lord Frost is currently working with Vice-President Maroš Šefčovič on a wide range of issues, including agrifoods, so that we get a resolution that works for the people of Northern Ireland, with Northern Ireland as part of the United Kingdom. The hon. Gentleman is right to say that we have seen an increase in tensions, particularly in Unionist communities, and we need to recognise the issues around a sense of identity. We can all play a part in helping the EU to understand better the lasting impact of the action it took when it went to trigger article 16 just a couple of months ago. The disruption affects people across all communities in Northern Ireland, and we want that to be resolved in partnership with the EU.

[Simon Hoare (North Dorset) (Con) [V]]

May I associate myself, as others have, with the remarks that the Secretary of State made with regard to the horrible and horrific event yesterday in Dungiven? That and recent scenes remind us all too well of the horrors of the past and surely must reinvigorate us all to ensure that they do not become either endemic to the present or part of Northern Ireland’s future.

Will the Secretary of State assure me that the PSNI has adequate resourcing to proactively interrupt social media platforms and posts, which are clearly the new way of communicating types of disorder? The PSNI needs to be able to monitor and intervene. Can he assure me that the full resource of the state is available to it to ensure that this important work is done to the best of its abilities?

[Brandon Lewis]

My hon. Friend the Chairman of the Select Committee makes a very important point, as others have, about the impact and importance of dealing with social media. Yes, absolutely: I have spoken to the chief constable and outlined to him our full support and we are working with the police to ensure that they have access to the full capabilities to work and deal with social media issues. We obviously recognise that policing is a devolved matter, but they have our full support and we will continue to work with them on those issues.

Northern Ireland Protocol: Implementation

Simon Hoare Excerpts

Tuesday 2nd February 2021 Commons Chamber

[Michael Gove]

I am grateful to the hon. Lady for her comments, which I wholeheartedly endorse. She is absolutely right to say that it was a serious mistake on the part of the Commission; I think everyone recognises that now. I also underline her words that it is completely unacceptable to place anyone in Northern Ireland in the position in which the port workers in Belfast and Larne have been placed, so it is vital that everyone in Northern Ireland and indeed in the UK exercises calmness and moderation as well as resolution in seeking to resolve the problems that she outlined.

The hon. Lady is absolutely right that the end of grace periods for export health certificates and other issues do need to be addressed. I will be writing to Vice-President Maroš Šefčovič later today to outline some specific steps that we believe we need to take. Tomorrow, I will meet him and the First Minister and Deputy First Minister of the Northern Ireland Executive in order to ensure that we can make rapid progress through the Joint Committee.

We are also communicating with UK businesses to stress that they have an obligation to ensure that their goods are available for the citizens of Northern Ireland in the same way as they are available to her and my own constituents. It is not just the Government’s responsibility but the responsibility of all of us to work together to ensure that the people of Northern Ireland recognise that they are valued citizens of one United Kingdom.

[Simon Hoare (North Dorset) (Con) [V]]

I am sure my right hon. Friend will agree that we have to make the protocol work and work well, but the window for doing so is small and shrinking. May I urge him during this month, with Exocet focus and precision, to iron out speedily with the Joint Committee those creases and teething problems that have been identified in order to spend next month—March—explaining those solutions to businesses across the United Kingdom and what they need to do? My judgment is that to extend the grace period would not be desirable, but business needs to have confidence and certainty, so all power to the Joint Committee for speedy and focused work.

[Michael Gove]

I am grateful to my hon. Friend for the work that he and his Committee have done to help ensure that the protocol is well understood and to resolve some of the problems that have arisen. There are a number of specific issues. I alluded earlier to the requirement that export health certificates are provided, but, as his Committee well knows, there are other issues such as the grace period covering the supply of chilled meats to Northern Ireland and the movement of pets between Northern Ireland and Great Britain. All those issues and more are ways in which the protocol is having an impact on people in Northern Ireland that is not in the interests of Northern Ireland, the United Kingdom or, indeed, good relations between us and the EU. Vice-President Maroš Šefčovič totally understands the need to resolve these issues and, with good will, I believe that we can do so speedily, as my hon. Friend rightly points out that we need to.

Oral Answers to Questions

Simon Hoare Excerpts

Wednesday 20th January 2021 Commons Chamber

[Brandon Lewis]

I am sure the hon. Gentleman will appreciate—being, as he outlined, part of the process—we are all proud to have got this moving forward. He is absolutely right: I think there is a moral as well as a legal and an ethical duty to ensure that the victims are able to access that programme of work. I know the work is ongoing to do that. In the Department of Justice, the Minister there is passionate and determined about that, as is the First Minister. One of the frustrations I had in 2020, I have to say, was the fact that it took a court case to get the Deputy First Minister to even designate a Department. That simply was not good enough. The Department of Finance now needs to ensure that it does not play games with victims and their pensions and payments, and that that money is made available to the Department of Justice to get on and deliver this programme.

[Simon Hoare (North Dorset) (Con) [V]]

May I first, on behalf of the Northern Ireland Affairs Committee, echo my right hon. Friend’s opening comments this morning? I welcome, too, as he has, the movement on the historical institutional abuse payments, but he will be aware that there are other issues with regard to legacy remaining outstanding and long overdue. I know he is consulting on these at the moment. Can he give a commitment that that consultation will have concluded, any draft legislation will be published and a route plan to delivery will be in the public domain by the time the House rises for the summer recess-?

[Brandon Lewis]

To my hon. Friend the Chairman of the Select Committee, I have to say that this is to the huge credit of the Committee and the work it has done. The recent piece of work it has done looking into legacy has been immensely helpful. There have been some very useful contributions in that. He is quite right: we are engaging widely on this issue at the moment. Obviously, this was delayed, as we were all—across both the Irish Government and the UK Government, the Northern Ireland Executive and of course in communities—focused on covid over the course of last year, but that work is now ongoing, and I certainly intend and hope to be able to fulfil the timeline that he has just set me as a target.

Northern Ireland Protocol: Disruption to Trade

Simon Hoare Excerpts

Wednesday 13th January 2021 Commons Chamber

[Michael Gove]

I am very grateful to my hon. Friend for raising this issue. Supermarkets are benefiting from it—Asda, Marks & Spencer, Sainsbury’s and Iceland among others—but it is important that we do everything we can to monitor its effective operation, and that is why I am so grateful to the British Retail Consortium for reaching out today with some specific suggestions as to how we can improve things. I am also grateful to him, because I know that like all my colleagues he is a dedicated upholder of the integrity of the United Kingdom and its citizens.

[Simon Hoare (North Dorset) (Con) [V]]

We clearly must make the protocol work and work well. It seems to me, certainly from evidence that the Select Committee has been hearing, that many of the problems have been created, understandably, by the late agreement of the protocol, leading to a lack of understanding, knowledge and confidence for businesses in GB exporting into NI. Can the Chancellor of the Duchy of Lancaster assure me that the issues of lack of knowledge and understanding are being addressed not just by his Department but by the Department for Business, Energy and Industrial Strategy, because when GB business knows what it needs to do, it will do it well and Northern Ireland will succeed?

[Michael Gove]

My hon. Friend is precisely right. The responsibility is mine, but it is also that of my colleagues at BEIS, Her Majesty’s Revenue and Customs, the Northern Ireland Office and elsewhere, and we are working together with the trader support service. We hope to ensure that some of the misunderstandings and confusion that may have arisen are addressed. I am grateful for the work of his Select Committee in helping in that endeavour.

EU Withdrawal Agreement

Simon Hoare Excerpts

Wednesday 9th December 2020 Commons Chamber

[Michael Gove]

The deal works in its own right. It shows the virtue of principle and pragmatism allied. If we do secure a free trade agreement, that would be an additional helpful bonus.

[Simon Hoare (North Dorset) (Con) [V]]

I thank and congratulate my right hon. Friend on arriving at the position that he has. The Good Friday agreement is protected, the Union has been secured and, more importantly, the rule of law has been upheld. I seek his assurance that, during the grace period, he and his ministerial colleagues will provide strong and active support to businesses of all sizes in Great Britain and Northern Ireland to ensure that they are able to meet the challenges of the new regime successfully.

[Michael Gove]

My hon. Friend makes an absolutely critical point. I thank him and the Northern Ireland Affairs Committee, which he chairs, for the rigorous scrutiny that they have applied throughout this process, which has ensured that the Government have been kept up to the mark. He is right that concluding the agreement is just one step. We need to continue to support businesses in Northern Ireland, large and small, as they face the challenges and take advantage of the opportunities ahead.

Oral Answers to Questions

Simon Hoare Excerpts

Wednesday 4th November 2020 Commons Chamber

[Mr Speaker]

Let us now head to the Chair of the Northern Ireland Committee.

[Simon Hoare (North Dorset) (Con) [V]]

May I wish you a happy first anniversary in the Chair, Mr Speaker?

Criminality, smuggling and modern slavery, as my hon. Friend knows, cannot be the winners in a no-deal Brexit scenario at the end of this year. Can he assure me that the importance of these issues with regard to Northern Ireland are well understood at the heart of government and that he and the Secretary of State are doing all they can to combat them going forward?

[Mr Walker]

Absolutely. I recognise that the Chair of the Select Committee is doing an important inquiry into these issues. I have written to him with some initial written evidence, and I look forward to giving more detailed evidence in due course. The protocol does preserve the huge gains of the peace process and the Good Friday agreement by removing the major security risks associated with any requirement for checks at the land border and by providing a practical solution to avoid such processes on the island of Ireland. All the way through the implementation of the protocol, we have remained very aware of other potential security implications, including in the event of a non-negotiated outcome with the EU. We have well-developed and well-rehearsed plans in place, and we believe that the excellent working relationship between the Police Service of Northern Ireland and An Garda Síochána will continue, but I absolutely recognise the importance of the issues that he raises.