Northern Ireland Protocol Bill — House of Commons, 2022-07-20
Topic: International Affairs
Michael Tyrone Ellis (Conservative, Centre-right): If the hon. Member would not mind, I will give way to him when I come on to his amendment specifically. I would be very grateful if he would give me that indulgence Clause 20 is important to the functioning of the Bill to allow domestic courts to consider proceedings relating to the protocol without being subject to CJEU jurisdiction, in line with the general principles of the Bill. I now move on to the amendments in order. Some, with the leave of the House, I can deal with very briefly. Amendments 38, 39, 42 and 43, in the name of the right hon. Member for Tottenham (Mr Lammy) and the hon. Member for Cardiff South and Penarth (Stephen Doughty), would, as has previously been explained regarding similar amendments, in our view wrongly apply a necessity test for the use of such powers. Parliament has previously determined, for example in the European Union (Withdrawal) Act 2018, that "appropriateness" is the appropriate word. That is my response to that series of amendments Amendment 12 in the name of the right hon. Member for Leeds Central (Hilary Benn) would remove the power for Ministers to engage in conduct in relation to the protocol which is normally within the Executive’s competence but not otherwise authorised by the Bill. As I explained a short while ago, this provision simply makes it clear that, as would normally be taken for granted, Ministers of the Crown would be acting lawfully when they go about their ministerial duties—for example providing instruction to civil servants or guidance to industry—in support of this legislation. It is not an extraordinary power, but rather it provides certainty that the Government can implement our proposals. I urge the right hon. Gentleman to withdraw his amendment Amendment 48 from the hon. Member for Foyle (Colum Eastwood) would be unworkable. It would require the Assembly—which is of course not sitting, which is part of the whole essence of this Bill—to pass a prohibitive number of votes to enable swift implementation of the solutions delivered by the Bill, so I ask him to withdraw the amendment Amendment 49 also from the hon. Gentleman would require Ministers to have due regard for the principle that the Belfast/Good Friday agreement should be protected in all its parts. The hon. Member states this amendment is based on the fourth point in the preamble to the protocol which sets out the United Kingdom and the European Union’s affirmation of their commitment to do just that. The Government’s overriding commitment—I emphasise this as strongly as I can—is to protect the Belfast/Good Friday agreement in all its dimensions. That commitment is absolute, but the balance within that agreement, and which was critical to its negotiation, must be maintained, and it is for that very reason that the Government have introduced this Bill. Although I welcome and endorse the sentiment underlying the amendment, it is, for the same reason, unnecessary, and I urge the hon. Member to withdraw it Amendment 46 from the hon. Member for North Down (Stephen Farry) would require the Assembly to approve clause 20. That is inappropriate under the devolution settlements because it would prevent the Bill from making important changes that go to the heart of the current democratic deficit. Does the hon. Gentleman wish me to give way now?