United Kingdom Internal Market Bill — House of Commons, 2020-09-21
Topic: International Affairs
Paul Christopher Blomfield (Labour, Centre-left): The right hon. Gentleman came back at me on the quote I gave about trust. That quote was from the Lord Chief Justice of Northern Ireland, and it was about trust in relation to the Government’s actions. In terms of how we deal with the issues that the right hon. Gentleman refers to, I will come on to those subsequently The Government’s cavalier disregard for the rule of law has been condemned by the Law Society and by the Bar Council. It has shocked people across the country, and it has disturbed our friends and allies around the world. Part of the tragedy of the Government’s actions is that they never needed to do this. Instead of throwing their toys out of the pram, there was a grown-up solution there in the Northern Ireland protocol itself: the dispute resolution mechanisms agreed by the Prime Minister, to which the Minister has referred at length and which have been utilised already on other issues. However, in recognising those, the Minister failed to explain to the House satisfactorily why the Government have chosen not to exercise that route and have instead put this proposed legislation before the House. Article 16 provides for either the EU or the UK to take unilateral safeguard measures: "If the application of this Protocol leads to serious economic, societal or environmental difficulties", and annex 7, to which I think he alluded, sets out the process to which matters can be resolved through the Joint Committee set up to oversee the implementation of the withdrawal agreement Do not take my word for it. The former Attorney General, the right hon. and learned Member for Torridge and West Devon (Mr Cox), who I seem to recall was once celebrated in the Conservative party, made the case in The Times last week when he said: "There are clear and lawful responses available to Her Majesty’s Government", which "include triggering the agreed independent arbitration procedure set out in the withdrawal agreement and, in extremis, these might legitimately extend to taking temporary and proportionate measures, where they are urgently necessary to protect the fundamental interests of the UK" That was his conclusion. And the Prime Minister could not answer my right hon. Friend the Member for Leeds Central (Hilary Benn) at the Liaison Committee last week when he asked the simple question why he had not been prepared to use those measures, which he negotiated, to resolve any disagreements, rather than engage in lawbreaking So let me ask the Minister a simple question, which I hope he will come back to at the end of this very long debate, on the question of state aid. The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, the right hon. Member for Surrey Heath (Michael Gove), said it was a matter for the Joint Committee. Will the Minister be able to confirm in his winding up whether the Government have actually raised their concerns there for resolution Our amendments seek to put the Bill right. They reassert our commitment to the rule of law by removing the notwithstanding clauses, which have been the subject of so much attention, but also the other references to disapplying the protocol and disregarding the law.