United Kingdom Internal Market Bill

Wera Hobhouse Excerpts

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

[Paul Scully]

I understand the hon. Gentleman’s concerns, and obviously we are moving towards that one regime, when we can, but we are also already committed to working on a common framework for chemicals and pesticides policy. That common framework is being co-created by the Government and the devolved Administrations, and will allow us to co-ordinate policy making on matters such as REACH authorisations. Through this framework, the UK Government and the devolved Administrations will be required to set out the strategic direction for the UK regulatory regime, ensuring that existing environmental, human health and workplace standards are maintained, or exceeded where possible.

Finally, I want to discuss the amendments that address the power to provide financial assistance. By creating a new power for the Government to provide financial assistance in the areas of infrastructure, economic development, culture and sports, and education and training activities, the Government will deliver on the commitments upon which they were elected: levelling up, delivering prosperity for all our citizens and strengthening the ties that bind our Union together.

[Wera Hobhouse (Bath) (LD)]

The Minister did not seem to mention amendment 16 when he went over that area. The amendment would remove clause 45, because legal experts fear that if the clause stands as it is, it will set up the Government against the courts. Will he explain why he thinks that is not the case?

[Paul Scully]

I think I have covered why those clauses should remain, although I did not specifically talk about the amendment.

I want to turn to amendments 18, 29 and 13, which together seek to remove the power to provide financial assistance. The Government are determined to deliver on those commitments, as I was saying. It is important that we strengthen the ties that bind our Union together, that we level up and that we deliver prosperity for all our citizens.

--- Later in debate ---

Finally, Clwyd South is home to many small and medium-sized businesses, and this Bill is important for them. Let me finish with a quotation from the Federation of Small Businesses. It has said, “Businesses rely on certainty. The stability of the UK’s internal market for SMEs is vital post-Brexit and will give confidence to businesses on their ability to trade in a way which does not disrupt, confuse or disincentivise from developing across the whole of the UK. We commend the UK Government’s intention to ensure that businesses can trade without friction across the UK, something which disproportionately benefits SMEs in reducing burdens.”

[Wera Hobhouse]

Let me add my voice to those of the many Members of Parliament, professional organisations and members of the public who have grave concerns about clauses 41 to 45, and their implications for the UK’s commitment to international law. The Law Society and the Bar Council have described them as representing a “direct challenge” to the rule of law without precedent. We are a country with a proud history of protecting and promoting the principle that nations should be ruled by a set of agreed rules laid out in law rather than the whims of politicians. That is the foundation of a free and fair society, and it is true about national law, as it is about international law. That this House is even contemplating going against that proud principle is a travesty and a sad moment for this Parliament, which is often called the mother of Parliaments.

It is through international co-operation that we can address the challenges facing our global community, from climate change to human rights to security. The UK has always stood up for international law on the world stage. It is the very foundation on which we deal with other countries. The Prime Minister said it was “fantastic moment” when he signed the withdrawal agreement, but less than a year later this Government are proposing a Bill that would enable Ministers to go away from the UK’s obligation under that treaty. What does that say about our credibility as a trading partner?

I have said before that the withdrawal agreement left the Government with two options. The first is to abide by that agreement and negotiate a deal in good faith with the EU that avoids the need for a significant internal border between Northern Ireland and the rest of the UK, but it is disappointing that the Government have chosen the second option—to renege on the treaty they signed and break international law. Even a “specific and limited” breach of international law would do immeasurable damage to the UK’s reputation, not only as a trading partner but as a centre of international legal practice and dispute resolution.

All of this comes at a time when we are desperately seeking new arrangements with other countries across the globe. Our application to accede to the Lugano convention is a case in point. That agreement enables civil judicial co-operation with our closest neighbours and it is clearly in our interests to remain a party to it. Our application requires signatures from other countries. Would it not significantly undermine our efforts if we show willingness to negate our international obligations now?

Let me come to amendment 16, which the Liberal Democrats support. Clause 45 has significant implications for judicial review. It is not just about compliance with international law: it has implications for domestic law too. The clause runs the risk that domestic challenges to a potential breach of the international commitments of the UK will end up being litigated at the international level because they can no longer be conducted via judicial review at home. There is not even a precedent for the provision, and the greatest danger is that it will pit our courts against our Government. I urge all Members to support amendment 16 to avoid that damaging consequence.

[Ms Nusrat Ghani (Wealden) (Con)]

I rise to speak to clause 45 and the amendments tabled by the Secretary of State. I seek further clarification from the Minister about the circumstances in which the clause will be needed, and I seek reassurance on the motivation behind the amendments. I want to ensure that we are on the same page and to assist the smooth passage of the Bill.

Clarity of language and intent are key here. Our country’s reputation as rule makers, not rule breakers, is at stake, however unintended that may be. The Minister will know that I backed what my constituents call the Neill amendment—before I break any protocol, let me say it is the amendment tabled by my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill)—in part to help the Government to undo the damage that was done when five short words were delivered at the Dispatch Box:

“this does break international law”.—[Official Report, 8 September 2020; Vol. 679, c. 509.]

I know that the amendment we tabled was not perfect, but nor were the circumstances and we did get a huge concession, with the Government accepting a parliamentary lock on the powers they sought to give themselves in circumstances when all else had failed. I welcome the changes the Government have made, but making the law and breaking the law should never be taken lightly. In the last few weeks, yesterday and potentially tomorrow, it feels as though we are dragging Ministers by their tails—not that all Ministers require that—to get them to let us to have a say on legislation. That has not been edifying for any of us.

I support the vast majority of the Bill. It is a Bill that allows us to truly take back control from the European Union and establish, protect and enshrine the internal market of the United Kingdom, the most important market for all four of our nations, and provide us with much needed certainty for businesses across our constituencies. That brings me back to my major concern: we all have a duty across the House to leave a legacy that enhances our country’s reputation and, as Conservatives, to progress our cause with respect for the law and institutions—not leave a reputation that dishonours or diminishes our standing on the world stage. As MPs, we are just bit players in the history of our Parliament, but we can leave unintended consequences in the way we legislate that remain on the statute books long after we have gone.

The United Kingdom has a glowing reputation for democracy and the rule of law, which attracted my parents to migrate here. Reputation takes years to form but seconds to destroy. I support the Government in their quest to get the best possible deal from the European Union, which is why I want to give the Prime Minister the best possible negotiating hand, but when British Ministers give their word on the world stage, they are not only giving the word of the Government but that of the Crown. If the Government propose to break international law in extremis at a future date—I accept that it would only take place if the EU acted in extreme bad faith and undermined the integrity of the Union—that power must only be exercised by our sovereign Parliament, but of course I would prefer for us not to be in that situation at all. I would caution the Government against adopting a machismo, scorched-earth policy, and to remember that, as we emerge next year and continue to challenge countries such as Iran, Russia and China as they flout international law, we will need our international friends to stand tall with us. I look forward to hearing from the Minister his assurances on the amendments tabled to clause 45.