Northern Ireland Protocol Bill

Debate between Stephen Doughty and Robert Neill

Committee stage
Wednesday 20th July 2022 Commons Chamber

[Stephen Doughty]

I do not agree with the last part of what the right hon. Gentleman said, but actually I sat around the table with EU ambassadors and, indeed, the EU ambassador to the UK to discuss these very issues just weeks ago, so I have sat down in private, and we have said so publicly on a number of occasions. The right hon. Gentleman should be reassured on that point.

It is not just Members on the Opposition Benches who have talked about the incompatibility with international law; Government Members have done so, too. The former Prime Minister, the right hon. Member for Maidenhead (Mrs May) said:

“My answer to all those who question whether the Bill is legal under international law is that…it is not.”—[Official Report, 27 June 2022; Vol. 717, c. 64.]

The Chair of the Northern Ireland Affairs Committee, the hon. Member for North Dorset (Simon Hoare) said:

“Respect for the rule of law runs deep in our Tory veins, and I find it extraordinary that a Tory Government need to be reminded of that.”—[Official Report, 17 May 2022; Vol. 714, c. 550.]

Beyond this House, the Taoiseach has said:

“Unilateral action to set aside a solemn agreement would be deeply damaging”,

and would

“mark a historic low-point signalling a disregard for essential principles of laws which are the foundation of international relations.”

Is that what global Britain has come to mean to this Government?

The Bill must comply with Britain’s international obligations, or we risk a collapse of our global reputation, discord with allies at a time of crisis in Europe and the risk of a raising of trade barriers during a cost of living crisis where billions are already struggling to make ends meet. That is why we want to see new clause 12 put to a separate vote today, because a piece of legislation that runs even the remotest of risks of breaching the UK’s international obligations should never pass this House, but we must be prepared if it does.

Under new clause 12, if an international court or tribunal found that actions taken by the Government were inconsistent with the UK’s legal obligations, the Government would have to immediately set out to Parliament what steps they would take to rectify the breach. Quite simply, once the Bill is passed, if the Government’s actions are found to be unlawful, it is only right that a Minister is brought to the House to explain how that has come to be and what they will do to put it right. The Government should not be afraid of that measure, because if their arguments hold sway, it would not be needed, although many others out there disagree with the position they have taken. There must be a mechanism to ensure that we can urgently restore our compliance and mitigate further damage to our global reputation, if indeed this Bill is found to be unlawful. We should not need to be pushing for this change, but if the Government insist that this is their chosen course, Members are duty-bound to do everything in our power to ensure that the Government do the right thing.

In the TV debates in the latest Tory leadership contest, the Foreign Secretary has been boasting about this legislation as an example of her effectiveness and her ability, but we see it differently. If she were so effective in her role, she would get back around the negotiating table, rather than countenance the UK breaking the international legal framework it should be championing, with huge impacts for Britain’s wider reputation and effectiveness. [Interruption.] The Minister, who I have a great deal of respect for, is chuntering from a sedentary position, but the collapse in trust in this Government has been made clear to us. With this zombie Government, it is likely that that trust has fallen to an even lower level.

I will speak briefly to some of the other amendments. I will not rehearse the arguments we have already made about the Henry VIII powers and the related amendments that we discussed in the earlier debate, except to add that many reasonable amendments have been tabled, including amendment 2 by the Chair of the Justice Committee, the hon. Member for Bromley and Chislehurst (Sir Robert Neill). Taking back control for this Parliament should mean that parliamentary approval is required for operationalising provisions of this Bill.

Equally, we support the principle behind amendment 3 in the name of the hon. Member for North Down (Stephen Farry), which would make the consent of the Northern Ireland Assembly required—we all want to see the Assembly functioning again—and ensure that the views of all communities are heard and considered before unilaterally making changes with wide-ranging implications, as this Bill does. Both those amendments would undo the real power grab by this zombie interim Government, trying to approve large numbers of unaccountable powers in areas of huge sensitivity. It is simply not the way to proceed. I will seek a Division on new clause 12, but we will not press new clause 11 at this stage. I look forward to hearing the contributions of others in this debate.

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

It is a pleasure to see you in the Chair, Dame Rosie. I am grateful to the Minister for the constructive approach he has taken, as always, and I am grateful, too, to the Ministers in the Northern Ireland Office, particularly the Minister of State, my right hon. Friend the Member for Bournemouth West (Conor Burns), who is not in his place. He has been very helpful in a number of discussions we have had. I welcome my right hon. Friend the Secretary of State to his place for the first time in the Chamber.

The reason behind my two amendments, 2 and 47, was well rehearsed on Second Reading and on the first day in Committee, so I do not seek to repeat that. As the House, and my hon. Friends on the Treasury Bench, know well, I have misgivings about the Bill, as do a number of right hon. and hon. Members, and I cannot say that that has changed. My right hon. and learned Friend says that amendment 47 is unprecedented. With respect, it is unprecedented for regulations to breach international law; that is why I tabled the amendment. However, he and I, and everyone in this House, hope that we will never get to that stage; of course, by far the best outcome would be for negotiated changes to the protocol, which we all want, to be brought into force. Those with whom I have engaged, on both sides of the Irish sea, have good will and are men and women of honour; I hope that that will enable us to find a window for that negotiation, if the Bill passes its stages in this House.

Of course, the Bill would then go to the upper House. As the Bill was not in an election manifesto, that revising Chamber will be entitled to look with considerable care at the issues that I and others have ventilated in these debates. The best outcome would be if that never became necessary, for the reasons that we have all rehearsed.

I have set out the caveats, have said where I hope this matter will go, and have said that it will be troubling if the Bill needs to go through the whole parliamentary process and ever needs to come into force; I hope it is made redundant by a negotiated change. In that spirit, I will not press my amendments to a Division.

Fire Safety Bill

Debate between Stephen Doughty and Robert Neill

Wednesday 28th April 2021 Commons Chamber

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

I shall be supporting Lords amendment 4L today with some regret, because I wish the Government had moved to resolve this issue since we last debated it yesterday; it is disappointing that they have not done so. I support the amendment on the basis that I want the Fire Safety Bill to proceed; I want it to be successful. The truth is that, while the fundamental elements of the Bill are worthy, it none the less has, at present, the effect of causing collateral damage to innocent leaseholders. That flies in the face of undertakings that the Government themselves have regularly given. Despite the huge sums of money that has been put in, as is already apparent, it is not enough.

In the meantime, we need to have a scheme that protects leaseholders, and it is the absence of a provision in the Bill to do that which is the problem. If Lords amendment 4L is not satisfactory to the Government, then there is still time for them to produce their own. I very much hoped that the Government would have acted on the proposals in the amendment tabled by my right hon. Friend the Member for North Somerset (Dr Fox) yesterday. That still offers a way forward, but absent that, at least the current amendment from the Lords gives the means of protection in the interim.

At the present time, leaseholders in blocks, such as Northpoint in my constituency, have properties that are unmortgageable. They cannot move. They cannot raise any more money on them. They have already expended tens of thousands of pounds in costs relating to waking watch and greatly increased insurance claims. That is not satisfactory.

We need a provision that bridges the gap in getting those responsible to pay. None of us who supports this amendment wants the taxpayer to be picking up a blank cheque. We want those who are responsible, who were at fault, ultimately to pick up the tab, but it will take some time to pin the financial responsibility on those people. In the interim, we must have a means of protecting the innocent leaseholders. That bridging arrangement is something that only the Government are able to do. I would have hoped that accepting that, together with commitments to move swiftly in legislation in this Queen’s Speech, was not an unreasonable thing to do.

Having served as a Minister myself, I do not buy the proposition that it is beyond the resources of Government to swiftly produce legislation that remedies the alleged defect that the Minister sees in the current amendment and sets the Bill in good order. There is still time to do that. I beseech the Minister to reflect on this and to come back with the Government’s own proposals in the other House before the end of this Session.

Robustness is a virtue, but when it turns into obduracy it ceases to be a virtue. I do not want the Government to get themselves into that situation. There is still time, and this amendment buys them time to resolve that satisfactorily. I urge the Minister profoundly to listen to this.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

It is an honour to follow the hon. Member for Bromley and Chislehurst (Sir Robert Neill). I agree wholeheartedly with what he said, and indeed with the comments made from the Front Bench by my hon. Friend the Member for Croydon Central (Sarah Jones) and by many other Members across the House. I also support the Lords amendment, not least because of the suffering undergone by my constituents in Cardiff South and Penarth and by many others across the UK.

The Minister talked about uncertainty, but as many Members have pointed out, uncertainty is being caused by the Government’s failure to engage with reasonable proposals made from all parts of the House to provide certainty for the very leaseholders who have been affected.

The Minister’s arguments simply do not wash. Our leaseholders have been dealing with this matter for years—the anxiety, the stress and the financial pressure, not least during the covid pandemic over the past year. That has been intolerable for some of them, and I have met constituents who were crying and in a terrible state because of the situation they have been left in. I simply cannot understand the Government’s continued resistance, not least given the cross-party pressure and support.

I thank the Welsh Government—Housing Minister Julie James, my colleague Vaughan Gething and so many others—for meeting with leaseholders in my constituency. They have put pressure on developers and made a commitment to £32 million in the recent budget, and have already committed £10 million. They have an active programme on leasehold reform and, crucially, are making it clear, which the Government here seem unwilling to do, that leaseholders should not have to foot the bill for fixing these fire safety and building safety defects.

We all want the developers to pay and we all want the resources to come through, but the reality is that we all have to stand up and say clearly, once and for all, that leaseholders should not be the ones paying for the remediation. This is not their fault. I will continue to work closely on the issue with my constituency colleague Vaughan Gething, our local councillors, and a range of residents and leaseholder organisations. We are not going away. Some of the stories of how people have been affected have been told passionately today on BBC Wales—the suffering, the anxiety, the pressures.

I am yet to receive adequate response from the UK Government, who have left the Welsh Government and Welsh leaseholders in the dark on the way forward. There is no need for that unless there is something to hide. As the Minister knows, Welsh Government officials have worked constructively with his Department on the passage of the Bill, and are working on a range of issues relating to the building safety Bill, yet it took the Housing Secretary more than a month to respond to the Welsh Housing Minister on the crucial, very reasonable questions she was asking in an offer of co-operation.

I have raised this matter with the Secretary of State for Wales, the Minister and others, yet the letter that came back from the Housing Secretary over a month later said he is

“not able to confirm the details and timing of budgetary allocations to Wales”,

although he says the Barnett formula will

“apply to that funding in the usual way”.

Why can he not give a clear and unequivocal answer about the money that will be available to Wales, and how the Government will work with Welsh officials on the proposed new tax and the new building levy so that we can finally provide some assurance to leaseholders in my constituency and, crucially, across the country?

United Kingdom Internal Market Bill

Debate between Stephen Doughty and Robert Neill

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 29th September 2020 Commons Chamber

[Sir Robert Neill]

I think that we are in agreement to the extent that I do not believe that the UK has yet trespassed over its international legal obligations, and I agree that we want to get this sorted out in the negotiations. I do not think that I can go further than that at this stage, but I understand that we all want this to be dealt with in the negotiations if possible. I voted for the withdrawal agreement, and I voted for the previous Prime Minister’s withdrawal agreement. It might have saved us a lot of trouble if Members on both sides had voted for that withdrawal agreement in retrospect, but we are making the best of the situation that we have inherited, if I might respectfully say so.

[Stephen Doughty]

The hon. Member is being generous in giving way. Does he accept that damage has already been done to the UK’s international reputation? He rightly wants to deal in facts and the reality of what is going on. I know from conversations that I have had with, for example, officials in UN institutions in Geneva, that the UK has been publicly questioned by other countries, in elections to bodies and negotiations on other matters beyond this matter, because of the very statements that the Government have made and the very clauses in the Bill. That, potentially, seriously undermines our abilities on the international stage on a series of issues: security, trade, climate change and well beyond.

[Sir Robert Neill]

It is certainly fair to say that it would have been better to have had the caveats that the Government have now put into the Bill to begin with, and I am grateful to Ministers for having worked in the way in which they have to achieve that. It would be absurd to pretend that there has not been real concern expressed by people whom we respect and ought to be able to deal with as allies and counterparties going forward. There is a way to ensure that that concern is alleviated and lasting harm is not done, and I am sure that the Government are committed to trying to do that.

Superficially, new clause 1 is attractive, but I am inclined to give the Government the benefit of the doubt that it is not necessary for the reasons that they have set out. I was going to press the Minister, but he has anticipated much of what I have to say. I am sure that he will confirm again, in winding up, that we are committed to ensuring that part 5 is not used to undermine the legally binding commitments and until such time as it is necessary to act to protect a significant national interest of the UK in relation to the integrity of the Union, as a result of bad faith by the EU counterparty —which, please God, I hope never arises—and that we will do so without seeking to oust the legal obligations that we entered into in relation to the safeguarding provisions and the arbitral arrangements under article 167.

Given that, we can make a good case for saying that new clause 1 is not necessary and that the Government’s own intention will deal with that, but I urge the Government, as a friend, to ensure that they reinforce those points very strongly as we go forward, because to persuade the Upper House will be an important task. Continuing evidence of good faith and a willingness perhaps to look at some of the wording would be helpful to the Government.

I have sympathy for new clause 8. My right hon. Friend the Member for Gainsborough (Sir Edward Leigh) and I were reminiscing that we were the two youngest members of the Conservative group of the Greater London Council. We were actually abolished by Mrs Thatcher, by Act of Parliament, but that does not seem to have entirely destroyed our careers or done us lasting harm. I very much take on board my right hon. Friend’s points about the value of the Vienna convention. He and I served on the Council of Europe together, and that convention—again, the UK contributed significantly to it over the years—may benefit us a good deal going forward. Even if it is not necessary to take the wording of new clause 8 into the Bill, the sentiment behind it is useful, and I hope the Government will bear in mind the arguments my right hon. Friend will advance later in the debate, because they may well be useful elsewhere.

Counter-Terrorism and Border Security Bill

Debate between Stephen Doughty and Robert Neill

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 11th September 2018 Commons Chamber

[Stephen Doughty]

I do not want to detain the House for long, but having served as a member of the Bill Committee I wanted to put on the record some of my concerns about the new clauses and amendments in this group.

I wholeheartedly support new clause 1, tabled in the name of my hon. Friend the Member for Torfaen (Nick Thomas-Symonds). I cannot see any reason why the Government would want to reject it given that the Chequers agreement and the White Paper—I have read both carefully—point out the 40 different areas of justice and policing co-operation that are so essential to our security and our counter-terror efforts across European borders. The White Paper suggests that some of that co-operation could even be strengthened and deepened, so I cannot see any reason why setting out in the Bill the importance of seeking participation in the European arrest warrant, one of the most crucial of those 40 instruments, would be a problem.

Given the transnational nature of some of the terror plots and serious organised crime that we have seen not only in my constituency, but in some tragic events over the past year at a UK level, I cannot see why we would want to diminish our security co-operation through, for example, Europol and Eurojust. As we approach the Brexit deadline that was set when the Government triggered article 50, we are potentially leaving a great deal of uncertainty around such issues. We do not want criminal or counter-terror investigations that are ongoing at the end of March next year to be jeopardised by the failure to secure participation in the European arrest warrant going forward.

As for my hon. Friend’s amendment 26, the Minister is aware of my concerns because we have discussed them both in person and in Committee. I fully support appropriate strengthening mechanisms to ensure that individuals can be detained at border points and that the police and security services have the appropriate powers to interdict those who might be trying to commit terror acts, serious organised crime or, indeed, espionage or other serious matters. However, it is important that that is balanced against ensuring that such powers are used carefully and effectively. Where problems exist, there should be appropriate appeal and oversight mechanisms to ensure that citizens feel that such matters are being used appropriately and securely and that individuals who are wrongly interdicted have appropriate restitution, which is important for confidence in the system as a whole.

My last point is an important one for the Bill as a whole. This part of the Bill includes many new powers and schedules, and there is cross-party agreement that our security services and the police need them to keep this country and other countries safe and to prevent us from experiencing terror attacks or the consequences of serious organised crime, but they can be applied only with appropriate resourcing.

We have seen what the Metropolitan Police Commissioner has had to say today about the 2% pay rise for police being a “punch on the nose.” We have seen the National Audit Office’s reports on the concerns about cuts in policing, and we in the Home Affairs Committee have been conducting an inquiry into police funding. The frontline policing community policing and specialist counter-terrorism policing that will be required to apply the provisions of the Bill, on which there is cross-party agreement, cannot happen out of thin air or by magic; it only happens if it is properly resourced.

I urge the Minister to make a strong case in the Home Office in the coming months that the police need more resources. We cannot continue cutting in this area, otherwise we put our national security at risk.

[Robert Neill]

I promise to keep my remarks short. Two important matters have been raised, and I take on board the force of the shadow Minister’s arguments in favour of the value of the European arrest warrant. My right hon. Friend the Security Minister will know that, in the last Parliament, the Justice Committee produced a report on the legal implications of Brexit, which included a strong case for retaining access to the European arrest warrant and its arrangements.

It is important that we stress the value of the European arrest warrant to our crime-fighting arrangements. It is particularly significant, of course, that the National Crime Agency, giving evidence to our Select Committee at the time of the report, stressed the value of the European arrest warrant. All the legal practitioners stressed its importance, and the Minister recognises that the European arrest warrant arrangements are infinitely superior to those that were available under the Extradition Act 1989.

It has sometimes erroneously been said by one or two Members of this House that the European arrest warrant can be used disproportionately, and my right hon. Friend the Minister will know that, since the reforms to the operation of the European arrest warrant back in 2013, that disproportionality has been removed and the UK is actually an overwhelming beneficiary of the proper use of the European arrest warrant.

The Prime Minister made it clear at the beginning of this negotiation process that it is her objective to achieve this, and I am sure my right hon. Friend the Minister will be able to say that whatever the mechanism, whether in the Bill or not, the Government are committed to maintaining access to the EAW and to the rest of the supporting mechanism of criminal justice arrangements, such as data sharing, information sharing and intelligence sharing, the European criminal records information system and other schemes. All those will necessarily be a crucial part of the Government’s negotiating strategy. Whether or not it is mentioned in the Bill is not the point—the Government are reaffirming their commitment.

Legal professional privilege is an important issue to be considered. Unless I am wrong, there are sometimes arrangements for counsel, such as in relation to some of the specialist tribunals dealing with these matters, to be specially cleared and vetted. Perhaps my right hon. Friend the Minister will take that away and consider whether further application of that scheme might offer a sensible and proportionate way forward.