Israel and Gaza

Stella Creasy Excerpts

Monday 16th October 2023 Commons Chamber

[The Prime Minister]

I know that this is important to my right hon. Friend. Like him, we recognise that this is a moment of anguish for British Muslim communities, who are appalled by the actions of Hamas but fearful of the response. As I said, we mourn the loss of every innocent life—of the civilians of every faith and nationality who have been killed. Our Navy assets can help, as I have said, to ensure that illegal arms shipments do not find their way to people such as Hezbollah. Also, the assets that we are deploying next week will be there as a contingency and can provide humanitarian assistance if and as required, which will be a valuable contribution to the role we play.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

We in Walthamstow stand in solidarity with our neighbour, who is in Parliament today pleading for help to get her elderly parents back after they were brutally taken hostage by Hamas. We are also desperately worried about families from our community who are stuck in Gaza—UK citizens trying to get home. We believe that every life deserves the protection of international law, and that anyone who breaks it should be held to account.

My constituents are also asking what more we can do by using our international connections. As the Prime Minister will have seen, it has been reported today that the Qataris have brokered a deal to ensure that Ukrainian children kidnapped in Russia are returned home to their families. What conversations has he had with the Qataris about whether they might play a similar role, stopping the violence in Gaza accordingly?

[Several hon. Members rose—]

G20 Summit

Stella Creasy Excerpts

Monday 11th September 2023 Commons Chamber

[The Prime Minister]

It was a privilege to visit Raj Ghat to pay tribute to Gandhi’s work. My hon. Friend is right to highlight the importance of equality and women’s access to education. I am very pleased that Prime Minister Modi made this a central theme of the G20 summit, and it is something we discussed. All of us in this House should be proud of the UK’s contribution over the past several years. We have helped to educate more than 8 million girls as part of our development priority to provide all girls with 12 years of high-quality education.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I do not think anyone in this Chamber takes seriously what the Russians may have to say about the G20, but we are listening to what the Ukrainians have said, and in particular their statement that there is nothing to be proud of in the joint statement. The Prime Minister spoke about speaking to President Zelensky before the summit. When he next rings him, how will he explain the fact that the statement does not even mention the word “Russia”?

[The Prime Minister]

I know President Zelensky was incredibly supportive of our effort to highlight Russia’s aggression, the impact it is having on food prices and food security, and the damage it has done to civilian infrastructure. He will be grateful for the fact we have declassified intelligence that shows the world those attacks on civilian ships. And I know he will be grateful for the work we are doing with Ukraine to find alternative means to export Ukrainian grain to the world, which is good not only for the Ukrainian economy and its sustainability but for millions of the world’s most vulnerable people.

Covid 19 Inquiry: Judicial Review

Stella Creasy Excerpts

Monday 5th June 2023 Commons Chamber

[Jeremy Quin]

The hon. Gentleman makes a fair point. Do I trust inquiries to keep information confidential? We have to do that; they are serious people undertaking serious work—I assume there are 70, 80 or even more of them, and I am sure they will take their responsibilities extremely seriously. However, he must consider what the impact might be on communications and on people discussing issues if they have that cloud hanging over them that any material related or unrelated to a particular inquiry could be required by it. That might even cloud the consideration of Governments in the future about the use of inquiries under the 2005 Act—I do not know. There are genuine long-term ramifications that need to be considered. It is quite a narrow point of law, but it might have wider considerations. Therefore, it is wise to get that narrow point of law satisfied by the courts, and we respect the courts’ judgments.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I am sure the Minister was not intending to suggest that the Government would not support public inquiries if they do not win this case. He has heard the concerns in this House about how the Government’s decision could look. He seems to be saying that the Government are seeking clarification on what they see as mission creep and on what unambiguously irrelevant documents and questions might be, and that there is an element to do with modern technology and the use of WhatsApp. He said the Government were looking for guidance. If he wants to restore faith on all sides of this House, and if all the Government are trying to do is to get guidance on a narrow point of law, will he commit here and now that, whatever the outcome of the judicial review, the Government will not appeal it?

[Jeremy Quin]

I am genuinely grateful to the hon. Lady, not for her second point, but for her first. If I misspoke in any way and gave the impression that this Government would shy away from future public inquiries, I apologise to the House, because that was not my intention. Public inquiries have an incredibly important role to undertake and it is important that they are supported. On the second point, she will understand that we are in a legal process and it will be seen through. We of course respect the views of the courts, but it would be rather rash to come to a conclusion before hearing what the divisional court says on the issue.

Northern Ireland Protocol

Stella Creasy Excerpts

Monday 27th February 2023 Commons Chamber

[The Prime Minister]

I thank my right hon. Friend for his comments. I am pleased that we were able to publish all the documentation. I know that that was important not just to him and to my hon. Friend the Member for Stone (Sir William Cash), but to other colleagues as well. It is the right thing to do and, as I have said, I wish to give everybody the time and the space to consider the detail of the Windsor framework. I believe that it meets the objectives that we set out to achieve: it provides for the free flow of goods within the United Kingdom; it ensures Northern Ireland’s place in our Union; and it safeguards sovereignty for the people of Northern Ireland. I look forward to engaging with him and his colleagues over the coming days to answer his questions and provide any clarifications. I am confident that, when he goes through the detail, he will see that this is a good agreement. It is the right agreement for Northern Ireland and for the people of Northern Ireland, and it is a way for our United Kingdom to move forward together.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

May I associate myself with the comments and sentiments that have been expressed to the families of Betty Boothroyd and DCI Caldwell?

The people of Northern Ireland have been through so much. This is a welcome opportunity to make progress, but, as the Prime Minister no doubt knows, clearing up the mess that other people make can be a never-ending job. The House of Lords is currently debating a Bill that will delete more than 60 areas of regulation that are not covered by the protocol. That is a process that the EU has already said will start a trade war if it goes through and that the Northern Ireland Human Rights Commission says undermines the Good Friday agreement. It covers issues such as electrical safety, food standards and farming standards. In order to support what he has presented to the House today, will the Prime Minister confirm that all remaining retained EU legislation will be retained in Northern Ireland itself, using the powers that he has and that Stormont currently cannot exercise? If he does not, how can anybody have confidence that we will avoid the regulatory divergence and that trade war which could undermine everything he has presented today?

[The Prime Minister]

The Retained EU Law (Revocation and Reform) Bill is passing separately to these arrangements, but these arrangements provide for the appropriate sovereignty in Northern Ireland for the Stormont Assembly to have that say. It is more than a say; it is an ability for the Assembly to block new EU goods laws as they come down the pipe if Assembly Members are not happy with them. As the hon. Lady will see in the Command Paper, we have also committed to a range of other things to ensure that we protect against trade and regulatory divergence, including dialogue with businesses in Northern Ireland and also with the European Union. As she studies the detail, hopefully she will be reassured that we have protected properly against that.

Ministerial Appointments: Vetting and Managing Conflicts of Interest

Stella Creasy Excerpts

Monday 23rd January 2023 Commons Chamber

[Jeremy Quin]

I have a great deal of respect for the right hon. Gentleman, but he knows that I do not know the answer to that question—I genuinely do not. But I have no doubt that the work of the independent adviser will establish the facts and that that will be reported to the Prime Minister.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

The challenge here for the Minister is that the original allegations arose in July of last year, publicly. Indeed, there was subsequent evidence that lawyers were instructed to try to suppress those allegations, well before any appointment was made by his political party, or indeed by the Prime Minister. The Minister talks about allegations arising this weekend. Whose due diligence was lacking: was it the Cabinet Office’s, was it the Conservative office’s, or are we just not being told the whole truth in this matter?

Illegal Immigration

Stella Creasy Excerpts

Tuesday 13th December 2022 Commons Chamber

[The Prime Minister]

Yes is the simple answer. Section 94 of the Nationality, Immigration and Asylum Act 2002 already gives the Home Secretary the ability to designate safe countries. Many are already there, and we will continue to add to them as appropriate.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

The Prime Minister talks about the views of the British public. I am pretty sure that the British public also think that children should not be punished for the decisions of their parents. It may be an inconvenient truth on this planet, but one in five of those coming in small boats are under 18, as verified by the Home Office, not people on Twitter.

For six weeks, I have been asking the Government for the details of the safeguarding provision. During that time we have had multiple reports of children—who are with their families in those hotels for months on end—being sexually assaulted and abused. Nothing that the Prime Minister announced today will change that situation and how we treat those children, or apply the same rules to those children as we do to other children in temporary accommodation with their families. Will he now at least do the decent thing and make the safeguarding contract public so that we can see what provision the Government have made to look after those children, and will he make a commitment that families will be housed separately from single people?

[The Prime Minister]

The Government take their obligations towards children extremely seriously. Of course it is right that they are treated differently, and that is why the Immigration Minister has met the hon. Lady and we continue to make sure that safeguarding is followed throughout our processing system.

Tributes to Her Late Majesty The Queen

Stella Creasy Excerpts

Friday 9th September 2022 Commons Chamber

[Stella Creasy (Walthamstow) (Lab/Co-op)]

We have heard some glorious stories today about gin, cheese, fiddling with wands and what it was like to work with the Queen. But as I came into this place today and saw the trains full of people carrying flowers on their way to Green Park, it struck me that, for most people, it was just the Queen herself, and not to work with her, that was inspiring. I saw that when she came to Walthamstow during the diamond jubilee. The civic pride was evident, not least because we felt that we had won the competition with other nearby boroughs and that we were going to get to feed her. Even the most cynical, or those uncertain about royalty or put off by pomp could not help but bask in the glorious sunshine and the joy that came that day. Indeed, as she was driven round the fountain to the cheers of the schoolchildren, the Queen later told our late council leader, Chris Robbins, that the noise was deafening and like a pop concert—after all she had sat through enough to know what they sounded like.

It was surreal that day, but it embodied that sense of excitement—that awe we all felt when we were finally able to pass that MP rite of passage, “Have you met the Queen?” and look the schoolchildren in our communities in the eye. I have no doubt that there will be the same set of questions for King Charles. That interest was returned: it was so clear to me on that day that what she cared about was not the pomp of the politicians or the officials, but the people she got to meet.

It is only fitting that, in paying tribute to the Queen on behalf of the people of Walthamstow, I use their words. The borough commander, Simon Crick, who speaks on behalf of our local police, says that for them, she was a constant reassuring presence in an often turbulent world. Our council leader Grace Williams remembers the Queen’s devotion and service to our country, the Commonwealth and our people in a time of extraordinary change. Dr Ken Aswani, who speaks on behalf of our local NHS, says:

“She will remain a source of energy to us for many years to come to enable us to move forward together.”

Libby, a local volunteer who was born in 1953 and therefore named after the Queen, says she

“can honestly say I’m proud now to have been named after this incredible woman”.

Donna said:

“She carried herself so elegantly yet felt like everyone’s grandma at the same time.”

I represent a community with links across the world, and many constituents referred to that. Martin says:

“Her visit to Ireland, standing up and opening her speech in Irish was a stunning moment and her contribution to peace here can’t be overstated. Want to write more but just can’t find the words.”

Anthony records his appreciation for the Queen’s work in the Commonwealth and her defence of religious freedom around the world. Dorte, a Danish and British dual citizen, says that during the pandemic,

“She sent a ray of hope believing that one day we would see each other again.”

Philip reflects on how she book-ended his life; over time, he saw those postage stamps change. He first watched TV to see her coronation, and now on TV he hears of her passing. We now contemplate life without her sparkle and cheer to bring us together. People from all walks of life in communities such as mine were inspired by her.

Let us put on record our thanks to those people who, in coming days, will help us commemorate the Queen, including the police, the officials, and volunteers. One Queen, beloved; one King with well wishes; and all of us brought together in mourning. God save the King.

[Several hon. Members rose—]

Extreme Heat Preparedness

Stella Creasy Excerpts

Monday 18th July 2022 Commons Chamber

[Kit Malthouse]

My hon. Friend is absolutely spot on. He will be reassured to know that colleagues in the Department for Environment, Food and Rural Affairs are in close touch with water companies, along with other partners, as they seek to get us through this particular 36 hours in good shape. He is quite right that where there is a problem with water supply, the easiest and best thing that can be done immediately is to communicate as much as possible, both when incidents happen and when the resolution and timeframe can be expected.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

The problem with what the Minister is saying is that he admitted we have been here before. In 1976, we hit a temperature of 36° and in 2003 we hit a temperature of 38.3°. At those points, we had 20% and 59% excess deaths, so we know how dangerous heat is. The hon. Member for Christchurch (Sir Christopher Chope) asked us all to adapt. He needs to look at the evidence from history for why the climate crisis is so dangerous. We cannot adapt in this sort of heat. We know—the Minister just accepted it—that we will have more extreme weather conditions. Given that none of us wants to see history repeating itself, does he recognise how devastating it is for our communities? Yet again in my constituency today schools are closed, there is chaos with the trains and there is no national resilience strategy. The Minister talks about wanting to keep the lights on, but is it not the truth that he is keeping this country in the dark about the climate we face?

[Kit Malthouse]

One of the critical things we need to bear in mind is that this period of hot weather will be short. It will be 36 hours long. The kinds of effects that the hon. Lady mentions have generally been over longer periods. For example, in 2003 in France, I think it was, there were eight days of 40-plus and, critically, the temperature at night did not drop below 20°. In those circumstances, we need to look at vulnerable groups. I hope she will be promoting the message, through all her very sophisticated and well-followed social media channels, that we should do the neighbourly thing and knock on the door of older people who may be living alone, just to make sure they are okay for the moment, while, as I said earlier, we do our best to lead the world on making the changes we need to address climate change.

Northern Ireland Protocol Bill

Stella Creasy Excerpts

Committee stage
Wednesday 13th July 2022 Commons Chamber

[Sir Robert Neill]

I do understand that, which is why I have made it clear from the beginning that I am as much in favour of changes to the protocol as anyone else. Of course, the protocol had provisions written into it to enable those changes to take place, and that is what we would all want to see.

Let us be blunt: there will be a change of Prime Minister soon, and a change of personnel under those circumstances may—I hope it does—make negotiations easier. There has been a degree of strain in relations with the EU and the heads of some major Governments in the European Union. I very much hope that one consequence of what has happened is that it may be easier to rebuild and repair relationships and trust, and that could lead to a negotiated change, which would mean that this legislation was never necessary. Nobody would be more delighted than I—or, I suspect, anyone else in this House, including those on the Treasury Bench—if that were to be the case, but if the Bill is taken forward, we need proper safeguards to ensure proper parliamentary and democratic oversight of the way it is taken into force.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

The hon. Gentleman is making a powerful speech. Of course, Henry VIII only had six wives; this Bill has 19 delegated powers within 26 clauses. Does he agree that if we set a precedent that such legislation could be written here, it may be tempting for some Ministers to expand that precedent to other forms of legislation, so it is important that we confine whenever delegated powers are used—not just in this legislation, but to ensure that we uphold the primacy of this Chamber?

[Sir Robert Neill]

The hon. Lady makes a fair point. Those of us who have served as Ministers know that, frankly, all Governments use Henry VIII powers. We all tend to criticise them when we are in opposition and use them a bit when we are in government, if the truth be known. But the reality is that there are Henry VIII powers and Henry VIII powers; and this is Henry VIII, the six wives, Cardinal Wolsey and Thomas Cromwell all thrown in together, as far as I can see. The powers are almost Shakespearean or Wagnerian in their scope and breadth. That is the problem, and it is why we need some greater hold on how they are used.

The hon. Member for Walthamstow (Stella Creasy) raised another important point. Very wide Henry VIII powers have been criticised by the Hansard Society and in the other place—and for good reason, because part of the whole objective of what we have done is recent years has been to restore parliamentary sovereignty. The danger is that that becomes restoring power to the Executive, rather than to Parliament. I say to my hon. Friends on the Conservative Benches, we all know that Governments come and go, and once we set a precedent that gives sweeping powers to a Government with whom we may happen to agree, inevitably—as night follows day—there will be a day when a Government with whom we do not agree come in and use those powers in a way to which we might wish to object; it is better not to set too wide a precedent, anyway.

There is another difficulty with the powers. Clause 15 gives Ministers powers to add to excluded provisions. Not only is that extremely wide, but the clause refers to excluded provisions for “a permitted purpose”, without any further definition. In other respects, there is a test where the Minister may take any such measures in relation to the protocol as the Minister “considers appropriate”. That is an extraordinarily low test. Essentially, it lacks any kind of objectivity; it is a purely subjective test. Giving Ministers delegated powers to act in a purely subjective manner without requiring them to demonstrate the evidential basis on which they exercise those powers is a dangerous and difficult precedent to set.

In fairness, this Bill could not have been foreseen, but therefore could not be put in my party’s manifesto for the general election. It will be interesting to see—I know Ministers are well aware of this point—precisely what view the other place, which is anxious to examine the extent of delegated powers, takes on the matter. It might therefore be in the Government’s interest to progress the Bill to think about ways in which we can get a better balance, and ensure that there is a proper and proportionate hold on the powers.

I have covered the essence of what I needed to say. It comes down to whether the Government have a case—without going into the rest of the legal argument, I concede that they might be able to make that case—and whether that case might have grounds in law. I would say to my clients in the old days, “Just because it’s lawful doesn’t mean it’s a wise thing to do; just because you’ve got a case that you might argue, it might not necessarily be a good idea for you to go and argue it.” Sometimes litigation is best avoided and sometimes sweeping legislation is best avoided, if it is possible to find a better route.

It seems to me that if need be, it would not be unreasonable for the Government to come back to the House and make their case in relation to the specific items where they seek to disapply an international treaty. If they have a good enough case, the House will support them and they can get on with it; it can be done quickly and need not cause undue delay. That would at least ensure that we have acted within a reasonable and proportionate legal framework. At the same time, we could demonstrate that we are seeking, in good faith, to renegotiate. If we cannot do that, I suggest it would be prudent at the very least to invoke the article 16 safeguard provisions, either before or perhaps in parallel with those matters; we could show again that we have acted in good faith to do all that we could within the framework that exists, which is one of the important parts of a necessity test.

I hope that the Government will take on board those arguments, because they are pretty fundamental to the Bill itself and would not obstruct the objectives of the Bill—that is, getting the protocol changed or getting devolved government working in Northern Ireland, both of which we wish to see—but would enable them in a proportionate and constitutionally sound manner.

--- Later in debate ---

[Sir Jeffrey M. Donaldson]

That brings me to my final point, which is on the democratic deficit.

[Stella Creasy]

rose—

[Sir Jeffrey M. Donaldson]

But before addressing that I give way to the hon. Lady.

[Stella Creasy]

The right hon. Gentleman is talking about businesses and consumers who have been affected. Earlier on, his argument for this Bill was that it would somehow give the certainty that he says the protocol does not give to people. Can he, hand on heart, argue that he knows everything that will happen if the Government proceed with this legislation? Can he really tell his constituents that he can give them certainty in the chaos that we are talking about, which did not start with the protocol but started with Brexit? Where is his proof that this Bill provides certainty—the solution that he is missing—in comparison with what they know now? Better the devil!

[Sir Jeffrey M. Donaldson]

I am many things, but I am not a prophet, so I cannot say with certainty that this will happen or that will happen. But I can point to this: when the protocol, as part of the withdrawal agreement, was before this House, we warned then of the consequences of the protocol. We are not late to the table in recognising the real difficulties that the protocol would cause in Northern Ireland for businesses, consumers, and our place in the United Kingdom. I am certain that the proposals put forward by the Government in this Bill are reasonable, fair and proportionate, and will offer what business needs to continue trading within the United Kingdom and with the European Union. That is the kind of certainty that businesses are looking for.

Let me turn to the point raised by the hon. Member for Stone (Sir William Cash), for whom I have great respect. This is very important. When the Government, and indeed those who supported Brexit, argued very strongly the case for the United Kingdom to leave the European Union, it was about taking back control—control of our borders, our money and our laws. Yet in the part of the United Kingdom that I have had the honour and privilege of representing in this House for 25 years now, this does not apply. As he said, many regulations applying to business in Northern Ireland, and how we trade with the rest of our own country, are now being made in Brussels without any democratic input whatsoever from anyone in Northern Ireland—not from me and my colleagues as Members of Parliament, or from Members of the Legislative Assembly at Stormont.

There is a democratic deficit that means that we are having laws imposed on us over which we have no say. That is not taking back control in our part of the United Kingdom. In terms of money, our rules on VAT and on state aid, for example, are determined not by this Government—not by this place—but by the European Union. We have no input into how our VAT rules are drawn up or into the rules on state aid, which apply to support for businesses in Northern Ireland We do not have complete control of our money in Northern Ireland and we are losing out because of those restrictions. It is therefore very important for us that we get this right. I believe, as I said, that what the Government have proposed is fair and reasonable, and will restore Northern Ireland’s place fully within the UK single market.

--- Later in debate ---

[Michael Ellis]

I am sure that my hon. Friend the Member for Bromley and Chislehurst will have heard what my hon. Friend has said.

I will now turn to amendment 27 and new clause 9, tabled by the hon. Member for Walthamstow (Stella Creasy). The Bill is designed to provide swift solutions to the issues that the protocol has created in Northern Ireland. Those solutions are underpinned by the legal designation of elements of the protocol as excluded provision. Put simply, it is by excluding some elements of the protocol and withdrawal agreement in domestic law that the Bill can introduce the changes that are needed in Northern Ireland with the necessary certainty. Through the conditions they would impose, the hon. Lady’s amendments would undermine the ability to exclude elements of the protocol, and therefore undermine the entire operation of the Bill. I would also argue that they are unnecessary, because the actions they require are already being taken in practice during the passage of the Bill. By voting on its passage, both Houses of Parliament have an opportunity to indicate their approval for the principle of excluding elements of the protocol.

The Government have already clearly set out in the statement of 13 June that we consider the legislation to be lawful in international law. We have also already been clear on why we are not using the article 16 safeguard mechanism: it has inherent limitations on its scope, in that such safeguard measures could address some trade frictions but not the broader identified impacts of the protocol. It is therefore unnecessary to oblige the Government to repeat those statements before exercising the powers conferred by the Bill, which is why I ask the hon. Lady to withdraw her amendments.

[Stella Creasy]

The Minister has said that my amendments are not necessary. That is very welcome, because new clause 9 requires the Government not just to tell us that they believe they are acting within international obligations, but to set out how, so that the House has a chance to confirm that it is not in breach of those obligations. If that is not necessary, can the Minister set out for us how he believes the legislation is in line with international obligations—not that it is, but specifically how?

[Michael Ellis]

I commend to the hon. Lady the legal memorandum that was published by the Government. It is, I think, only the second time that a Government of the day has published such a legal document, and it is exceptionally useful. We cannot publish the full legal advice—no Government can do that.

I will now turn to amendment 8, tabled by the hon. Member for Foyle. I certainly sympathise with the intention of the hon. Gentleman’s amendment, but I reassure him that it is also entirely unnecessary. The Government have no intention whatever to use the power in clause 15 to alter the operation of the domestic consent mechanism, which I think answers the point that was made earlier on the Opposition Benches.

--- Later in debate ---

[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.

[Stella Creasy]

We are now nearly three hours into the debate and we have not named what the actual problem is. The honest truth is that the problems did not start with the protocol; the problem is Brexit and the necessity of the protocol. For the avoidance of doubt, to acknowledge that Brexit is the problem is not to say that we do not need to change the protocol, it is not to call for us to rejoin the European Union and it is not to call for a second referendum. It is to recognise that selective democratic deafness when trying to discuss what we need to do will continue to damage all our opportunities unless we recognise that there is not a protocol solution that is as perfect as the previous trading arrangements we had.

The risk is that this Bill will make a bad situation worse, like someone having a bad tattoo and taking a blowtorch to it to try to get rid of it. The Government are like the drunk at a party spilling red wine everywhere and then deciding that throwing white wine after it is the solution. That is what this Bill is, which is why Members need to stop saying, like Homer Simpson, that Brexit is a “crisotunity” and recognise that problems are coming from the opportunities they are looking for. There are problems for civil servants who have to go through 2,500 pieces of legislation, and problems for our constituents, especially if the Bill goes through and we have a trade war with Europe. That will hit everybody—not just those in Northern Ireland, but people in my constituency. There are problems caused by the fact that the EU has already launched legal action and could “restrict co-operation”, and problems for the 33% of businesses that have already given up trading with the European Union, including those mentioned by the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson)—I am sorry he is not in his place to talk about these things. [Interruption.] I apologise; he has moved and I could not see him.

We knew these problems were going to happen, yet the Government have done nothing other than introduce this Bill to make things better; they look only to provoke and to make things worse. We talked about oven-ready deals, yet the Foreign Secretary says that the problems were baked in. Frankly, Mary Berry would see the Bill as having a soggy bottom because it is so rubbish.

The report by the Bingham Centre for the Rule of Law states clearly that the Bill is in breach of international law, and that is why I tabled new clause 7. I hope the Minister will recognise that simply repeating again and again, as the legal memorandum does, that the Government believe that the Bill meets the test of necessity under international obligations, without explaining how, is not tort, it is just a tautology. We cannot say something is necessary and not say why it is necessary, or whether the conditions might change—I agree absolutely with the right hon. Member for Hereford and South Herefordshire (Jesse Norman) on those matters. We know there are things we could do to make that clear, and at least to take back control—after all, the Government said that Brexit was about democracy, but it is turning out to be about Downing Street instead.

New clause 10 would ensure that the Government act within international law. New clause 7 is about evidence that we are acting within international law, and about explaining to our constituents why it would be necessary to take such extreme measures. As the Hansard Society tells us, the Bill is breathtaking in the additional powers it takes and the exercise of those excessive powers, with 19 delegated powers under 26 clauses—I have never seen anything like it in this place in the past 12 years. Those powers are based on ideas that Ministers consider “appropriate”, just as they consider what is “necessary”. As we have seen today, however, they cannot really define what “urgent” means. Most people would recognise that “urgent” probably means “immediate”, rather than “sometime in the future.” Considering that any provision can be made by an Act of Parliament, as the hon. Member for Bromley and Chislehurst (Sir Robert Neill) recognised, if we allow that with the Bill, we could see it for other Bills—literally taking back control from these Benches and sending it to the road opposite.

Finally, there is no way that the Bill supports the Good Friday agreement, which, in and of itself, is an international agreement. We want to stand and challenge President Putin as he rips up the rule of law, yet we say that there are rules of law that we think no longer apply to us. How can we say that we will also guarantee the protections of the Good Friday agreement? How can we give the constituents of the right hon. Member for Lagan Valley the certainty they want, and that we recognise they should have, to be able to go about their business and have peace and prosperity, if we act as if the rule of law does not matter or can be bent to shape the will of a particular political movement?

The Bill is about the Government needing Europe to be a bogeyman, and as we have seen from the leadership contest, there are bogeymen aplenty. In reality, this can do only harm. We must recognise that the problem does not start with the protocol. The problem starts with Brexit, and how we negotiate a trade agreement and deal with the problems that arise from leaving the single market and customs union. Our constituents in every part of the United Kingdom deserve that honesty. New clause 7 is about Governments being honest, and just as new clause 10 should not have needed to be tabled, nor should new clause 7, but it did need to be tabled under current circumstances. The people who rely on this place to make reasonable regulations, to admit their problems, as though they were 12-step problems, and to make amends, need and deserve nothing less.

[Ian Paisley]

Why is the Bill necessary? That is what the Committee has just been asked. That is the question. Well, the preamble to the protocol states clearly that its objective is to uphold the Belfast agreement. Why is its objective to uphold the Belfast agreement? Because the Belfast agreement creates something called power sharing. Power sharing has clearly broken down. Some people may not like the reasons for that, but it has broken down, therefore the Bill is necessary. It is as plain and obvious as that—perhaps we have to say it slower for some people to pick up on the reality that power sharing has broken down, and therefore the Bill is necessary. Do not take my word for it: last week in the Select Committee on Northern Ireland Affairs, two international lawyers gave us expert evidence. I think there is only one international lawyer in the Chamber today, the right hon. and learned Member for Torridge and West Devon (Sir Geoffrey Cox), who has stated his position. I respect those opinions, but I do not think there has been any other international law expert or practitioner in the Chamber. I can therefore only quote from experts who have given the Committee their expert opinion through the Northern Ireland Affairs Committee.

CHOGM, G7 and NATO Summits

Stella Creasy Excerpts

Monday 4th July 2022 Commons Chamber

[The Prime Minister]

I know that my hon. Friend has military experience himself, but what we are learning from Ukraine is the vital importance of having troops with a military operation that has 360° protection and the best possible equipment. That is a lesson that the Russians are learning to their cost themselves.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

The Prime Minister will have heard the deep concern on both sides of the House, particularly from the right hon. Member for Bournemouth East (Mr Ellwood) and my right hon. Friend the Member for Leeds Central (Hilary Benn), about grain in Ukraine and the issue of world hunger and poverty. The Prime Minister said in response that he was talking about the possibility of seeking a solution that may not have the consent of the Russians. For the avoidance of doubt, can he confirm to the House that he is looking at breaching the Montreux agreement about larger forces in the Black sea?

[The Prime Minister]

The hon. Lady is right to raise that. No, we are not looking at doing that. There are alternative solutions that do not involve the presence of UK or other warships in the Black sea, although they might involve a tougher approach. We are also looking at the possibility of using the rivers, particularly the Danube, and the railways to get the grain out in smaller quantities than we would be able to do with a giant maritime convoy through the Black sea. We are looking at all the options, including smaller packets of grain coming out in that way.