Chinese Consul General: Manchester Protest

Debate between Jesse Norman and Layla Moran

Thursday 20th October 2022 Commons Chamber

[Jesse Norman]

I personally was not aware of any further demonstrations, but the House has now been made aware of them. I will ensure that officials make some notification of that. This is a Home Office matter, so it will go through the Home Office. Even within the Home Office network of relationships, our police are independent of Government, and rightly so for the best rule-of-law reasons, so we will respect that. I am not sure yet that what happened here necessarily was a failure of policing. In this case, it certainly appears that way, and we expect the Greater Manchester police to be able to do whatever they can the next time round.

[Layla Moran (Oxford West and Abingdon) (LD)]

Frankly, this is now just ridiculous. I hope the Minister can see the force of the will of the House and that it helps him in what he needs to do next. Article 41 of the Vienna convention on diplomatic relations states that diplomats need to

“respect the laws and regulations of the receiving State.”

Article 9 states that the receiving state has the right to declare that person “persona non grata” at any time with no explanation. The Crown Prosecution Service then says that that is done when the police have sufficient evidence to justify court proceedings. Given the video and the admission, the lack of action by the Government is frankly laughable at this point. This is now a political decision. Can the Minister explain why he is not making them persona non grata now?

[Jesse Norman]

The hon. Lady quotes the convention, and it is very interesting, but she skated over the key phrase, which is when police have “sufficient” evidence, and we are not in that position yet. When we are, as I have assured the House, there will be consequences if that evidence proves to be dispositive.

Northern Ireland Protocol Bill

Debate between Jesse Norman and Layla Moran

Committee stage
Wednesday 13th July 2022 Commons Chamber

[Jesse Norman]

It has been a splendid debate, and it is my happy privilege to stand as the thorn between two legal roses in my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), the acuity of whose interventions has been noted by the House, and my right hon. and learned Friend the Member for Torridge and West Devon (Sir Geoffrey Cox), the former Attorney General, with his soaring rhetoric and legal genius.

I will be brief. Everyone in this House recognises, I am sure, that it is vital to make the Northern Ireland protocol work better; that the EU, as described and discussed today, has been intransigent and could do with more direct input from our friends and allied member states, France, Germany, Holland and the rest; and that we need an improved and supported political settlement and situation in Northern Ireland. Unfortunately, however, for reasons contemplated and discussed today, and which I will briefly summarise, this Bill is not the answer.

It has been properly pointed out that the doctrine of necessity does not apply in anything like the way the Government describe it. I am not a lawyer, but even I can see that when the Minister concedes at the Dispatch Box that immediacy is not at stake and is not implied by the conception of urgency that the Government wish to deploy. In breaching international law, for the reasons that my right hon. and learned Friend the former Attorney General set out, the Bill breaks the general principle that promises must be kept. However, that is itself an unwritten principle of the British constitution, so this Bill is also a contravention of our constitution. Of course, it appears to breach article 5 of the withdrawal agreement, in which both the UK and EU state that they will faithfully enact the measures to fulfil their obligations arising from the new agreement. Finally, as has been pointed out, the wide powers contemplated under clause 4 are themselves are in clear conflict with the rule of law in the ministerial discretion that they confer.

In principle, this Bill is extremely unwise to say the least, but it is also, just in pragmatic terms, misguided and likely to be counterproductive. As my right hon. and learned Friend mentioned, there is no long-term solution to be reached by a unilateral attempt to impose one side’s will on a shared international treaty. Of course, there is no reason to think that this will change the EU’s behaviour in relation of Northern Ireland. Why should it? The EU’s concern is that the UK has been untrustworthy, and far from allaying that concern, the Bill actively reinforces it. If the EU made a concession in response—if by chance it struck a new agreement with the UK on the basis of the pressure supposedly conferred by this legislation—why should it believe that the UK would then abide by such an agreement? That whole rationale would already have been destroyed. Of course, for reasons already discussed today, this is merely the beginning of the potential trouble involved.

The right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) properly talked about the integrity of the United Kingdom, and he was absolutely right to flag that up. However, another kind of integrity is at stake here: the integrity of our overall British patriotic desire to project ourselves as a nation with a historic willingness to lead in matters of reputation and international law. That integrity is being put at risk by this piece of legislation.

I am not going to support amendment 1, tabled by my hon. Friend the Member for Bromley and Chislehurst, not because it is not a perfectly fine piece of drafting, but because this Bill is unamendably bad, in my judgment. I very much hope that this House will not see it through, and that if it does, the Bill will be rejected on Second Reading by the other Chamber.

[Layla Moran]

It is a pleasure to follow the right hon. Member for Hereford and South Herefordshire (Jesse Norman), and I completely agree with him. I and the Liberal Democrats intend to vote against this Bill when it eventually comes to its Third Reading. I will speak today particularly to new clause 8 and its paving amendment 26.

First, however, I want to put on record my huge disappointment that the Bill is in Committee today because, since Second Reading, we have had a lame duck Prime Minister and a Foreign Secretary who cancelled her meeting with G20 leaders in Bali, where she should have been, and instead came back to start her leadership campaign. This Bill is an incredibly controversial move, and it would have been right and proper for it to have gone away for a while—under the definition of “urgent” that the Minister put forward, that would have seemed to make sense—and then come back when it is clear what direction the Government really want to take. Make no mistake, this Bill is going to affect our standing on the world stage.

My amendments relate to the release of the legal advice. It is absolutely right and proper that the Conservative leadership election has turned our eyes to honesty, integrity and, in particular, trust following what has happened with the current Prime Minister, and that is what my amendments do. They ask the Government, “What have you got to hide?” If there is nothing to hide, they should publish the full legal advice and trust this House to scrutinise it properly.

I urge Government Members to look carefully at what the Attorney General has said since giving her advice on this Bill, because she is also running to be leader of the Conservative party, and she has suggested pulling out of the European Court of Human Rights. As we know, the Court underpins the Belfast/Good Friday agreement. The Attorney General does not seem to understand how that correlates with the Good Friday agreement, yet we are relying on her legal advice. I would suggest that that is nothing we can rely on. We understand from newspapers that the Government shopped around for legal advice, and reportedly they even spoke to a former adviser of President Trump. However, if they have nothing to hide, they should publish the advice.

In the Minister’s response to my question earlier, he said the Government may well go to litigation over this and may well be taken to court over the definitions in relation to the doctrine of necessity. As a reason for advice not to be published, he said:

“We know that, famously, from the Labour Government a couple of decades ago, when there was an enormous controversy about that.”

That suggests that we should not see the legal advice because of what happened following the release of the advice on the Iraq war, but we know from the inquiry that that is nonsensical because the Government in that case did have something to hide and were found out later. If this Government want to get the trust of Parliament and do not want to have egg on their face in the international courts, they should release the advice. I urge them to support amendment 26, which I hope—by your leave, Dame Eleanor—we can push to a vote later.