Trade Bill

Robert Neill Excerpts

Consideration of Lords amendments
Tuesday 9th February 2021 Commons Chamber

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

I yield to no one in my detestation of genocide and I yield to no one in my admiration for the domestic courts of the United Kingdom. Despite the good intentions of Lords amendment 3B, it has to be faced that it has a fundamental flaw, in that it brings the domestic courts of the United Kingdom into areas where, constitutionally, they have never sought to go.

When we refer to the competent courts in relation to genocide, it is abundantly clear from the convention and subsequent legislation that we refer to the international courts and, in certain circumstances, the criminal courts of the United Kingdom in relation to individuals who are within their jurisdiction. That is wholly different from what is proposed in Lords amendment 3B, which brings the civil courts of the United Kingdom into a wholly novel area of jurisprudence, linked only to one specific issue, which is genocide in contemplation of a trade deal, not more generally.

The decisions on trade deals are constitutionally entirely matters for Parliament. That is why, despite the best endeavours and intentions of the amendment, I cannot support it and why I brought forward the amendment in lieu in my name, supported by three former law officers of the Crown. This would enable Parliament to express a clear view and would, inevitably, in real political terms, enable it to block a trade agreement with a genocidal state, because no Government could ignore that, but it would do so at the end of a parliamentary process. This would then give the appropriate Select Committee greater powers than Select Committees otherwise have, because they will be entitled not only to demand as a matter of law that the Government table the motion that they require if they are dissatisfied with the Government’s response, but to write the wording of the motion. This goes further than the powers that Select Committees have at the moment. That would be most important, as it would enable us to have a proper lock on the matter. We must not allow the courts to be dragged into an area where they have not themselves sought to go. We saw the wholly unfair and unjust criticism of our courts in cases such as the Miller litigation. To place them in this situation, where they will be obliged to step beyond what is the normal constitutional balance, would not be fair on them. They would not be in an easy position to come to a determination, as has been pointed out. Above all, it would inevitably be inviting them to trespass into areas that are highly politically contentious.

I want to have a means of scrutinising future trade deals. That is why I have much more sympathy for Lords amendment 1B than I have for Lords amendment 3B, because that would give a means of dealing with it. Lords amendment 3B, it is misconceived because of that misunderstanding in relation to what a competent court is and the need not to stretch that beyond our constitutional practices—

[Mr Deputy Speaker (Mr Nigel Evans)]

We will leave it there, Sir Robert.