Northern Ireland Protocol Bill

John Redwood Excerpts

Committee stage
Wednesday 20th July 2022 Commons Chamber

[Stephen Doughty]

It is a pleasure to see you in the Chair, Dame Rosie, for the second part of this debate. I will speak to new clause 12 in my name and those of my right hon. and hon. Friends.

In the debate so far, we have focused, rightly, on the Henry VIII powers that the Government seek to gift themselves, but of course the problems with this Bill stretch far beyond the sweeping powers that Ministers are attempting to take. We seem to have forgotten at various points during its passage that this is a Foreign Office Bill because it relates to an international treaty and our international obligations. Indeed, there are many crucial issues at stake in that regard, because, as has been recognised by right hon. and hon. Members in all parts of the House, the Bill is incompatible with international law. It is not just those who have spoken up in the House who have said that. The Bingham Centre states unequivocally:

“The Bill is in clear breach of international law”

and that the breach is “without legal justification”. It, along with many others, has argued that the Government’s so-called defence of the Bill, grounded in the doctrine of necessity, is completely baseless. As the shadow Foreign Secretary my right hon. Friend the Member for Tottenham (Mr Lammy) set out in great detail on Second Reading—many more have done so subsequently —each of the elements of the justification for the doctrine of necessity fall flat. This is a difficult situation that we all want to see resolved, but it is not a situation of grave and imminent peril, no more than the doctrine of necessity is an excuse for countries to abandon other responsibilities or dig themselves out of holes.

Similarly, the Government’s proposed actions are not the only way possible to resolve the issue. Although imperfect, there are clear mechanisms within the protocol for resolving disputes, meaning that the passage of this Bill is not the only way to resolve these challenges. Indeed, the Government themselves continue to maintain that they seek a resolution with the EU through negotiating, which is of course what Labour Members would want to see. Therefore, not only is this Bill a clear obstacle to these apparent efforts, but for as long as a solution is even remotely possible through negotiation, breaching the obligations of the protocol cannot be the only way to protect the UK’s interests. We have discussed at great length the fact that trust is at an all-time low with this Government, and this will do nothing to help to rebuild it. Unilateral action will not find us a way forward. Either the Bill is necessary because the Government are certain that negotiations will not lead to any kind of resolution or they still hope for a breakthrough with the EU, rendering the Bill unnecessary under the doctrine.

Given this confusion and the flawed justifications offered, we have tabled new clause 11—although we do not seek a Division at this stage—which would prevent powers of the Bill from coming into effect until an authoritative and independent expert set out whether it is consistent with international law. The Government keep stating their position, but that is their interpretation. The problem is that we do not trust the Government on this, and neither do many others outside the House, while many have criticised the Bill from an independent perspective, so it is important that we understand all those views. An independent expert could make a determination on the legality of this issue before any clause unilaterally altering the protocol came into effect.

There was a time when having to table an amendment to this effect would have been unthinkable—a time when we would have legitimate political differences here in the Chamber but would never wilfully break with our international obligations as a first recourse. As I said, we do not intend to seek a Division on new clause 11, but I hope the other place will look carefully at the Government’s legal justifications to see whether they stack up. I do not believe they do and neither do many others.

[John Redwood (Wokingham) (Con)]

Has the hon. Gentleman or his party ever once lobbied the EU in public or in private to shift its position to accommodate the very reasonable grievances and to deal with its illegalities under the protocol?

[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.