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This week in Parliament was another exciting and contentious one.

I wrote about Conservative MPs’ responses to the new coronavirus measures a few days ago. Two MPs spoke up at the end of Wednesday’s debate (see the end of this post).

I will cover Rishi Sunak’s new funding plans for individuals and businesses early next week.

To follow up on angry Conservative MPs, Guido Fawkes reports that Sir Graham Brady (right) and Steve Baker (left) are confident that they can get Brady’s amendment to the Coronavirus Act 2020 passed:

On Thursday, September 24, Guido wrote (emphases in the original):

MPs have been growing increasingly concerned with the Government imposing new restrictions with no debate in, or assent from Parliament. Increasing scepticism meant the Government leant away from as harsh measures as many were expecting earlier this week. This being said, the curfew measures for example are baffling many, and they want the opportunity to have their say over new measures in the future. All this led to a proposed amendment from Graham Brady which, if selected by the Speaker, would require Parliamentary approval for new measures.

Around 40 Tory MPs backing his amendment, which would be enough to overturn the Government’s 80 seat majority if opposition MPs back it too. Last night Steve Baker told Robert Peston that he is “absolutely, 100% certain it will pass if Labour and the SNP vote for it. But I’m afraid Labour and the SNP have been missing in action on civil liberties…”

One potential snag is that, as The Times’ Steven Swinford revealed yesterday, House Clerks have advised the motion on extending coronavirus powers is “binary” – and can only be approved or rejected, not amended. Rebel MPs do not see this as a problem as they believe if the amendment is selected and passed, it does not need to carry legal authority. The theory is the moral authority of the will of the Commons will be enough to brow beat the Government into finally putting new measures before Parliament for debate before being enacted…

It’s all good news — but only if Speaker of the House Sir Lindsay Hoyle allows Brady to bring the proposed amendment forward for debate.

Yesterday, I wrote about last week’s progress on the Internal Market Bill.

On Monday, September 21, the bill entered its third day at Committee stage. Debate on amendments and clauses continued. This time they centred on Part 5 of the bill which relates to the Northern Ireland protocol.

Excerpts follow, emphases mine.

Robert Walker, Minister of State for the Northern Ireland Office, said:

Through this Bill, we are acting to uphold those priorities and deliver the commitments we made in our election manifesto that we would provide unfettered access between Northern Ireland and Great Britain and

“maintain and strengthen the integrity and smooth operation of our internal market.”

The protocol also explicitly depends on the consent of the people of Northern Ireland for its continued existence. As we implement the protocol, that must be kept in mind. Those commitments are, of course, entirely in accord with the protocol itself, which makes it clear that, among other things, Northern Ireland remains part of the United Kingdom’s customs territory, that nothing in the protocol prevents unfettered access from Northern Ireland to the rest of the UK market, and that in its application the protocol should impact as little as possible on the everyday life of communities in both Ireland and Northern Ireland.

Walker received a lot of interventions from both sides of the House after that introduction.

Theresa May (Maidenhead, Con) tried to stick the knife in:

My hon. Friend has been setting out throughout his speech that the Government want clauses 41 to 45 because of the bad consequences that could come from an interpretation of the withdrawal agreement. If the potential consequences of the withdrawal agreement were so bad, why did the Government sign it?

Walker responded:

As my right hon. Friend knows well, the withdrawal agreement was negotiated by the UK and the EU and agreed with a view that certain elements would be resolved by the Joint Committee. I think there was a reasonable expectation on both sides that the Joint Committee would have made more progress on those issues, but unfortunately we have heard some harmful interpretations over the past few months. The point of these Government clauses is to ensure that we can rule those out and put in place the appropriate legal default.

After allowing further interventions, Walker resumed a detailed set of provisions and reasons why the Government was rejecting others:

Clause 45 completes the all-purpose safety net for regulations made under clauses 42 and 43, so that there can be no confusion about the position in domestic law for our courts, businesses and public bodies

Finally, clause 50 disapplies certain provisions of the UK Internal Market Bill in the scenario that Northern Ireland’s representatives resolve, under the protocol’s consent mechanism, that articles 5 to 10 of the protocol should cease to apply. This is a practical step to account for and respect the principle of consent enshrined in the protocol. The protocol itself is not codified as a permanent solution for Northern Ireland, and neither should it be in the domestic legislation that implements it. Taken together, these clauses deliver on our commitments to Northern Ireland

I turn to two amendments regarding the commencement of these provisions that have been subject to much debate and attention, including a number of powerful and persuasive speeches on Second Reading. Amendment 4, which is in the name of my hon. Friend the Member for Bromley and Chislehurst (Sir Bob Neill), the Chair of the Justice Committee, and is signed by my hon. Friend the Member for North Dorset (Simon Hoare), the Chair of the Northern Ireland Affairs Committee, seeks to provide in essence that break-glass mechanism on the key safety net provisions in relation to the protocol by stating that clauses 42, 43 and 45 of the Bill may not come into force until a motion in this House is passed. Since that amendment was tabled, I am pleased that there have been constructive talks between my hon. Friend the Member for Bromley and Chislehurst and Ministers, and the Government have tabled amendment 66, which provides for substantially the same break-glass mechanism, with the additional requirement for a take-note debate in the other place (House of Lords). I hope that that amendment will demonstrate to hon. Members, including the Chair of the Justice Committee, that we are committed to ensuring that any decision to use the powers is explicitly approved by Parliament.

Neill was satisfied:

I thank my hon. Friend for the constructive tone that he and members of the Government have adopted in these matters. It enables some of us who otherwise would not have been able to support these clauses to proceed, on the understanding that there is a specific parliamentary lock that bad faith on the counter-party’s side must be proven to the House before these powers are brought into operation, which of course all of us hope will never be the case. I welcome that, and it enables us to support the Government’s amendment.

Walker replied:

I am very grateful to my hon. Friend for that point. A fundamental principle of our constitution, and one that lies at the very heart of our exit from the EU, is that this Parliament is sovereign. As set out in clause 38 of the European Union (Withdrawal Agreement) Act 2020, that means that it can choose to legislate to deliver an interpretation of the protocol consistent with our understanding, while recognising that to do so is a significant step. The parliamentary procedure set out in amendment 66 recognises that, and provides a clearer, more explicit democratic mandate for the use of the powers. I therefore commend amendment 66 to the Committee, and urge my hon. Friend and all Members to support it and not to press amendment 4.

He continued:

Amendments 64 and 65, in the name of my right hon. Friend the Business Secretary, make it clear that any regulations made under clauses 42 or 43 would, of course, be subject to judicial review, contrary to some of the claims that have been made over recent weeks, while ensuring that any claims must be brought within a three-month period. That ensures that any challenge to the regulations will be subject to a timely resolution before the courts, which is essential to ensure that Northern Ireland businesses and investors in Northern Ireland have the certainty that they need, which is at the heart of the Bill. I commend those amendments to the House. As they clarify the position on judicial review, amendment 44 is not necessary.

Amendments 61 to 63, in the name of my right hon. Friend the Business Secretary, are targeted technical amendments to ensure that the Government are able to maintain the integrity of the UK’s VAT and excise systems and can deal with any threats to biosecurity in Great Britain in response to changes required in Northern Ireland under the protocol.

In particular, the amendments ensure that the Government can act to address cases of double taxation and non-taxation created by the Northern Ireland protocol, as well as to close down opportunities for tax evasion.

The amendments will also ensure that both the UK Government and the devolved Administrations can continue, as they do now, to respond to specific biosecurity threats arising from the movement of animals and high-risk plants. The principle of facilitating actions to protect biosecurity on an ongoing basis between England, Scotland and Wales is already reflected in schedule 1 to the Bill. The amendments simply clarify that similar processes can also apply with regard to Northern Ireland where there is a genuine risk of a biosecurity threat that poses a serious threat to the health of humans, animals or plants.

I commend those amendments to the Committee …

Amendment 41 seeks, among other things, to add a paramount duty to clause 40, requiring authorities to act without prejudice to international and domestic law. Amendment 53 similarly seeks to prevent authorities from exercising functions in a way that is incompatible or inconsistent with relevant domestic or international law. Amendment 52 appears to require the Government to follow the process agreed in the withdrawal agreement as the only mechanism for dispute resolution. Amendments 54 and 55 seek to prevent regulations made under clause 42 from having effect, notwithstanding international and domestic law. Amendment 46 would remove the Northern Ireland protocol from the list of international law that may be set aside, undermining the intent of clauses 42 and 43.

Amendments 57 and 59 would prevent regulations under clause 43 from interpreting, disapplying or modifying the effect of article 10 of the protocol. Clause 43 is a necessary provision that will ensure that the Secretary of State’s interpretation will achieve the correct effect in domestic law.

I repeat that the Government are committed to implementing the withdrawal agreement and the Northern Ireland protocol; however, as a responsible Government we cannot accept any amendments that would undermine the provisions in the Bill and render them no kind of safety net at all, thereby risking the compromising of the UK internal market’s economic integrity by unintended consequences or harmful defaults contained in some interpretations of the protocol, or creating confusion or uncertainty about the position in domestic law. I therefore urge right hon. and hon. Members to withdraw the amendments.

I recognise the spirit behind amendments 67 and 68. The Government have been clear that, as we set out in the Command Paper, we will ensure that there are no tariffs on any goods that remain within the UK customs territory. I hope Members will welcome the further relevant measures that will be set out in the Finance Bill.

There will not be any new customs infrastructure in Northern Ireland. We have always accepted that there will be some limited, streamlined processes for goods moving from Great Britain to Northern Ireland, building on what already happens at existing points of entry and limited to electronic declarations for businesses in Great Britain to confirm that their products are for the Northern Ireland market.

We have outlined our commitment to providing extensive support for businesses, including through the new trader support service, which will provide an end-to-end service and guide traders through all import processes at no additional cost. This is a unique intervention, backed by £200 million in Government funding to ensure that businesses of all sizes can draw on the support that it provides. Given those assurances, I hope that Members will feel able to withdraw the amendments.

Gavin Robinson (Belfast East, DUP) was unhappy at being asked to withdraw the amendments without seeing any specifics as to why.

Walker tried to reassure him:

I absolutely hear the hon. Gentleman’s concerns. I have made the point about what we have said in the Command Paper and what the Prime Minister has referred to in respect of the Finance Bill.

Amendment 69 seeks to ensure that there would be no new costs for a Northern Ireland business to access or sell in the market. The UK Government have already committed in legislation to delivering unfettered access for Northern Ireland businesses, including through the Bill, which will apply the principles of mutual recognition and non-discrimination to qualifying Northern Ireland goods, thereby ensuring that they can continue to be sold in the Great Britain market in the same way as now. The amendment is therefore unnecessary.

Amendment 70 seeks to ensure that goods moving from Northern Ireland to Great Britain through Ireland will benefit from unfettered access. I reassure Members that we recognise the importance of trade from Northern Ireland to Great Britain that moves via Dublin to Holyhead. We are currently engaging with businesses and the Northern Ireland Executive on the long-term means for delivering qualifying status for unfettered access. It would be wrong to pre-empt the outcome of that consultation, so the Government cannot accept the amendment.

On amendment 71, the Government have been working and will continue to work closely with the Northern Ireland Executive on the implementation of the protocol, including on unfettered access, but we do not agree that a restriction on the Government’s powers to make regulations effectively would be justified.

We resist amendment 72 on the basis that it is legally unnecessary. The current wording already encompasses distortions of competition between persons supplying goods or services in the course of a business within the UK internal market. Such wording is already sufficient to cover the regulation of subsidies that would have the effect of making Northern Ireland businesses less competitive in the Great Britain market.

Although the Government agree with the spirit of amendment 78, the whole Government are acutely aware of the need to maintain Northern Ireland’s integral place in the UK internal market, which is already referenced many times elsewhere in the Bill, so we do not believe the amendment is necessary.

On amendment 79, I understand Members’ concerns and support mutual recognition and the non-discrimination principle, but the exception to mutual recognition that we have introduced for chemicals is there to allow the relevant authorities to respond to local factors. Authorisations granted by the EU after the end of the transition period will not take local conditions into consideration. I emphasise that the authorisations relate to the use of substances of very high concern. It is important that the Government and devolved Administrations can take local factors into account when they decide how to protect human health or the environment from the significant risks posed by such chemicals. I therefore urge Members to withdraw or vote against the amendment.

On new clause 7 and amendment 45, I want to reassure Members that the Bill includes provisions that are there precisely to protect the essential basis of the peace process, by ensuring that, regardless of whether further agreement is reached in the negotiations, there will be no hard border between Northern Ireland and Great Britain, and that Northern Ireland businesses will continue to benefit from unfettered access to the rest of the UK market when the transition period ends.

I can also reassure hon. Members that our commitment to protecting the Belfast/ Good Friday agreement of course includes protecting north-south co-operation in areas specified under that agreement, and the protocol is clear on that. That commitment is already enshrined in UK legislation: in section 10 of the European Union (Withdrawal) Act 2018, and through our continued support for this strand of the Belfast/Good Friday agreement throughout the process of exiting the European Union …

Walker then covered several other amendments which the Government deemed unnecessary.

Debate centred around the possible violation of international law.

Sir William Cash intervened during Paul Blomfield’s (Sheffield Central, Lab) speech with this:

I am actually going to look briefly at a simple point, which is that, apart from our own judges, the German federal constitutional court in December 2015 clearly stated that international law leaves it to each state to give precedence to national law. International law gives effect in that way. How does the hon. Gentleman answer that?

In his defence Blomfield quoted Northern Ireland Secretary Brandon Lewis, who said on September 8 that the Internal Market Bill would ‘break international law’ in a ‘specific and limited way’.

Joanna Cherry (Edinburgh South West, SNP) cited the Gina Miller court case against Brexit, wherein our Supreme Court ruled that international law, not domestic law, governs international treaties.

Blomfield continued, casting doubt on the bill.

Theresa May spoke next, again having a go at Prime Minister Boris Johnson, who was not present for the debate. She and the Opposition were in agreement on breaking international law:

Today, we are focusing on the parts of the Bill that relate to the Northern Ireland protocol, part of the withdrawal agreement—the withdrawal agreement that was signed by my right hon. Friend the Prime Minister less than a year ago. I can say to the Minister that, in my view, clauses 41 to 45 have no place in this Bill. We are told that they are there because the EU either is acting in bad faith, or might act in bad faith. This is because the withdrawal agreement put a border down the Irish sea and the Government cannot accept that—but the Government did accept that when they signed the withdrawal agreement with the European Union, and I assume that, when they did so, the Government signed that in good faith. Yet here we have clauses 41 to 45 saying that the Government should have the ability to renege on parts of the withdrawal agreement to break international law.

There are three reasons why I believe that these clauses have no place in the Bill. The first, which has been referred to in earlier interventions, is that it is unnecessary. There is an arbitration process available. Under article 175, the ruling of the arbitration panel should be binding on the UK and the EU. The Government have acknowledged the existence of the arbitration procedure, but they are saying that they would enter into that in parallel with the operation of the elements of this Bill. The message, it seems to me, is very clear, which is, if we do not like the outcome of the arbitration panel, then we will break international law and we will not accept it. Yet, again, that is breaking the international treaty—an agreement that UK Government signed—because it is breaking article 175, which says that the view of the arbitration panel shall be “binding” on both parties. However, there is not just an arbitration process available. As the right hon. Member for Leeds Central (Hilary Benn) referred to, article 16 says:

If the application of this Protocol leads to serious economic, societal or environmental difficulties that are liable to persist, or to diversion of trade, the Union or the United Kingdom may unilaterally take appropriate safeguard measures.”

Clauses 41 to 45 are not necessary …

She continued, then concluded:

I cannot emphasise enough how concerned I am that a Conservative Government are willing to go back on their word, to break an international agreement signed in good faith and to break international law.

Later, at least one MP on the Opposition benches acknowledged her warmly for that.

Bill Cash was able to intervene:

Is she aware that the EU itself and indeed many other states throughout the world, including many democratic countries, have persistently broken international law, and that this applies not only to other countries, but to the United Kingdom? There are many overrides of international treaties by the UK itself.

May persisted:

Let me get this right. My hon. Friend seems to be saying, “If somebody else does something wrong, it’s okay for us to do something wrong.” I am sorry, I do not agree with him on that point.

I recognise that my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) has taken every effort to ameliorate the impact of these clauses, and the Government have accepted and put down their own amendment. But, frankly, my view is that to the outside world, it makes no difference whether a decision to break international law is taken by a Minister or by this Parliament; it is still a decision to break international law. This can only weaken the UK in the eyes of the world. One of the great strengths we have as a country is our commitment to the rule of law, and this will have been damaged. Our reputation as a country that stands by its word will have been tarnished, and the willingness of other countries to trust the United Kingdom and its values will have been reduced. So much for global Britain!

I consider that, in introducing clauses 41 to 45, the Government are acting recklessly and irresponsibly, with no thought to the long-term impact on the United Kingdom’s standing in the world. It will lead to untold damage to the United Kingdom’s reputation and puts its future at risk. As a result, with regret I have to tell the Minister that I cannot support this Bill.

May had the support of the next speaker, the SNP’s Kirsten Oswald (East Renfrewshire):

It is a privilege to follow such a thoughtful and considered speech

Bill Cash spoke next:

There are many essential reasons, in our national interest and on constitutional and legal grounds, and grounds of practical necessity, for the clear, unambiguous “notwithstanding” clauses in the Bill that have been discussed in the context of clauses 42 to 45.

I mentioned in response to my right hon. Friend the Member for Maidenhead (Mrs May) that this was a question not just of whether the Euro pot was calling the British kettle black, but of whether, in the United Kingdom, we had ourselves overridden clear treaties. There are too many—they are far too numerous—to mention in this short debate. Of course, there is also an enormous number of examples of international law breaches by foreign states—not only, in Europe, by member states but by the EU itself, egregiously. Furthermore, there are examples of other countries, every one of them democratically elected, having done so. This question of values and reputation, and the issues that have arisen, has to be weighed against that context

There is no argument about it; it is there in black and white in the treaties and in the sections of various enactments that have overtaken and overridden international law.

The debate went on for some time — fascinating and fractious.

In the end, the Government won in the divisions.

On Tuesday, September 22, the bill was at Committee stage for the fourth day. The debate centred on rewording of certain clauses and amendments.

The day’s theme was ‘power grab’ and the lowering of animal welfare among other standards.

The SNP are terrified that the UK parliament will attempt to reduce the Scottish government’s powers under devolution.

Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) led the charge:

This Cummings-directed Tory UK Government are breaking international law, and they are breaking devolution. Behind the innocent-sounding mutual recognition mechanism, the Bill simply starts a race to the bottom on standards with the UK Government imposing it against our will in Scotland.

The Bill will see the Tories mount an assault on devolution with the biggest power grab since the Scottish Parliament was re-established. People in Scotland are seeing through the contempt that the Tory Government and Westminster have for their democratic choices. They are not daft. They know that this shabby, illegal, dogmatic Bill is not designed to fix anything, but it is designed to game the system for vested interests.

It is a fact that existing mechanisms and simple changes to Standing Orders could have worked with consensus instead, but this Government do not believe in consensus, just in getting their own narrow ideological way.

The UK Government’s approach—the diktat—is the opposite of the democratic European single market approach. The development of the EU single market has been based on the principles of equality, co-operation, co-decision, subsidiarity and, of course, consent. Crucially, it sets a baseline of minimum agreed standards with which all member states’ own rules must be compatible. What a contrast with this hasty, badly written, contemptuous Bill. The Government are even having to amend their own Bill as they go along, so shabby is it. Government amendment 109 is necessary to remove clause 20—how slapdash is that?

On the mutual recognition mechanism, clauses 2 to 9 contain sweeping powers to compel Scotland to accept lower standards, set elsewhere in the UK, on animal welfare, food safety and environmental protections, among a host of other areas.

I do not think that is the case.

Liz Saville Roberts from Wales (Dwyfor Meirionnyd, Plaid Cymru) agreed:

… policies that already exist under the auspices of the Scottish Government and the Welsh Government, if they were to be adapted, might then fall within the scope of this Bill. These are popular policies that we have made to cut our own path in the past, and yet this now threatens their future.

Bill Cash got into an exchange with Drew Hendry over whether the EU interferes. Cash said that EU policies have done serious damage to British industry. Hendry disagreed.

Cash said (in part):

The hon. Gentleman puts forward capable arguments. I notice how he weaves his way round these subjects. That is a compliment, in a way, but it does not alter the fact that the people in Scotland will suffer grievously if they continue to have EU regulatory arrangements inflicted on them. The Bill ensures that they will not. I dare say that the Minister is noting what I am saying—I hope that he is—because it is important to understand the damage that has been done.

Liz Saville Roberts expressed her concern over a halt to devolution in Wales and state aid.

Cash replied:

I am always extremely aware of other points of view—I have been subjected to them for the past 35 years in this House, but so far they have not prevailed. I am clear in my mind about the benefits of the United Kingdom as a whole, on all these matters—there are so many aspects that we do not have time to go into today—but state aid is central to the whole question of maintaining our spirit of enterprise. It is central to the degree to which we can provide tax incentives to facilitate and encourage UK jobs for the whole UK, including Scotland. It is central to our ability to encourage competitiveness, based on our own laws, and level up throughout the entire country, including Scotland. This is fundamental stuff

This is not a small matter; this is monumental. It is all very well for the hon. Member for Inverness, Nairn, Badenoch and Strathspey to talk about this in terms of independence, but people will not thank him, and they will not thank the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) or anyone from any other part of the United Kingdom when the truth comes home to roost, which is that the EU will not allow us to compete favourably or at all. Its cardinal principle is to make sure that we cannot compete with it, and that is a reason in itself why we have to stand firm on the whole question of the notwithstanding clauses.

The debate was lengthy: more here.

The SNP MPs talked, seemingly at length, about Scotland’s minimum alcohol pricing, which they lauded — one of the great achievements of devolution, in their minds. They fear that the UK government will want to change the policy. Unlikely. Wales adopted it, too.

The Government won on the ensuing votes.

Debate on the bill concludes on Tuesday, September 29.

Business Secretary Alok Sharma has tabled the following for debate that day:

Wednesday’s session ended with two Conservative MPs raising a point of order about coronavirus legislation rushed through without proper debate in the Commons.

Sir Desmond Swayne (New Forest) said:

On a point of order, Mr Deputy Speaker. Some of the orders that we are about to deal with are quite dated, but I assume that they have been debated in a Committee upstairs. They touch on very intimate parts of our liberty and our choice. Is there any protocol on the circumstances in which they could be debated on the Floor of the House, rather than upstairs in a Committee stitched up by the Committee of Selection?

Deputy Speaker Nigel Evans replied:

The default procedures of the House, as the right hon. Member knows, are designed such that these measures are not debated on the Floor of the House. Of course, any Committee stages upstairs could have been attended. If any of these measures do not quite fit with his understanding as to what is acceptable, he is able to shout “Object”. I will take that objection, and he will have the opportunity to have his name recorded in a deferred Division tomorrow.

Sir Christopher Chope (Christchurch) spoke:

Further to that point of order, Mr Deputy Speaker. I want to raise the issue of the inconsistency between quite a few of these remaining orders. Because of the delay in introducing these orders, some of them amend orders that are earlier on the Order Paper. We know that members of the public find it increasingly difficult to comprehend the changing scene of regulation on criminality and restriction of liberty. Surely if a regulation is amended by a subsequent statutory instrument, there should not be a need for the original statutory instrument to be approved by the House. For example, there are two separate statutory instruments relating to the north of England, one dated 25 August and one dated 2 September, and they are inconsistent with each other. Can you explain the reason for this confusion? Would it not be much better if—as I thought the Government had already promised—every regulation brought forward was debated at the earliest opportunity, before the Government had a chance to change their mind?

Nigel Evans repeated his answer to Desmond Swayne.

No objection was raised.

The first part of a review of last week in Parliament concerned coronavirus with a follow-on here.

The other big debates last week were about the Internal Market Bill, a legislative safeguard to preserve Britain’s sovereignty after the Brexit transition period concludes at the end of the year.

Talks with the EU have reached an impasse. Worse, the EU wants to take Northern Ireland hostage, as it were, with the possibility that food from other parts of Britain might be prohibited from reaching it. Absurd, but that is the state of play.

On Saturday, September 12, Steve Baker tweeted:

The Telegraph article in Steve Baker’s tweet explains (emphases mine):

Boris Johnson has accused the European Union of threatening to impose a food “blockade” in the Irish Sea that would destroy the “economic and territorial integrity of the UK”.

Writing in The Telegraph, the Prime Minister made a passionate defence of his decision to alter the Brexit divorce deal, saying he has to protect Britain from the “disaster” of handing Brussels the “power to carve up our country”.

He also issued a direct plea to Tory MPs threatening to rebel over his plans, telling them that, if they stand in his way, they will reduce the chance of getting a trade deal with the EU.

Mr Johnson insisted a Canada-style trade deal with the bloc is still possible and remains his goal, but that Brussels must “take their threats off the table” and rebel MPs must get into line. He also believes the UK will still “prosper mightily” under a narrower, Australia-style trade deal.

The Prime Minister claimed the EU could effectively impose a food blockade across the Irish Sea by refusing to grant the UK approved “third party” status for food exports, which officials say Michel Barnier, the EU’s chief negotiator, has “explicitly” threatened.

The Withdrawal Agreement gives the EU oversight over goods of animal origin being transported from the mainland to Northern Ireland for four years, meaning Brussels could use an “extreme interpretation” to impose tariffs or declare such trade illegal

The Government is trying to rush through legislation that would amend the Withdrawal Agreement and in particular its Northern Ireland protocol.

Mr Johnson argues that he has been forced to act because of a “serious misunderstanding” in Brussels about the terms of the agreement, and must unilaterally make changes to it because it has become a “danger to the very fabric of the United Kingdom”.

The EU has told Mr Johnson that, unless he backtracks by the end of the month, the trade talks are over

That weekend, the news was full of MPs, senior legal experts and former Prime Ministers saying that Boris Johnson’s proposals were a ‘violation of international law’:

On Friday a group of more than a dozen MPs, among them former ministers, signalled that they would press ahead with attempts to bar the Government from overriding the Withdrawal Agreement without the support of Parliament

In the House of Commons, Sir Bob Neill, an avowed Remainer, led the rebel charge. Neill is:

the chairman of the Commons justice committee, who has already secured the backing of Damian Green, Theresa May’s former deputy, and ex-solicitor general Sir Oliver Heald.

The Remain media gave airtime to those who said this proposal violates international law, a distinctly Remainer stance. In 2018, Theresa May watered down an excellent Brexit plan — Canada ++. Boris pushed a stronger ‘deal’ last autumn. Now Boris sees what the EU could do next year if the UK doesn’t close this loophole.

In short, those who oppose Boris’s proposed legislation are Remainers. Those who support it are Leavers.

This became evident in Parliamentary debates last week and this week.

On Monday, talkRADIO interviewed two Leavers.

Sir Desmond Swayne gave an early morning interview:

Labour Peer — and Leaver — Kate Hoey went on the air later:

Guido Fawkes published the full text of the bill.

The second reading of the bill took place on Monday, September 14. Excerpts from the debate follow.

Boris introduced the second reading, emphasising its importance to the Union:

The creation of our United Kingdom by the Acts of Union of 1707 and 1801 was not simply a political event, but an act of conscious economic integration that laid the foundations for the world’s first industrial revolution and the prosperity we enjoy today. When other countries in Europe stayed divided, we joined our fortunes together and allowed the invisible hand of the market to move Cornish pasties to Scotland, Scottish beef to Wales, Welsh beef to England, and Devonshire clotted cream to Northern Ireland or wherever else it might be enjoyed.

When we chose to join the EU back in 1973, we also thereby decided that the EU treaties should serve as the legal guarantor of these freedoms. Now that we have left the EU and the transition period is about to elapse, we need the armature of our law once again to preserve the arrangements on which so many jobs and livelihoods depend. That is the fundamental purpose of this Bill, which should be welcomed by everyone who cares about the sovereignty and integrity of our United Kingdom.

We shall provide the legal certainty relied upon by every business in our country, including, of course, in Northern Ireland. The manifesto on which this Government were elected last year promised business in Northern Ireland “unfettered access to the rest of the UK”.

Sir Bob Neill (Bromley and Chislehurst, Con) spoke, asking about upholding ‘the rule of law’, a popular theme among Remainer MPs:

I have listened carefully to what the Prime Minister says, but does he accept that were our interlocutors in the EU to behave in such an egregious fashion, which would clearly be objectionable and unacceptable to us, there is already provision under the withdrawal agreement for an arbitrary arrangement to be put in place? Were we to take reserve powers, does he accept that those reserve powers should be brought into force only as a final backstop if we have, in good faith, tried to act under the withdrawal agreement and are then frustrated? The timing under which they come into force is very important for our reputation as upholders of the rule of law.

The PM responded:

there is the question of tariffs in the Irish sea. When we signed the protocol, we accepted that goods “at risk” of going from Great Britain into the EU via Northern Ireland should pay the EU tariff as they crossed the Irish sea—we accepted that—but that any goods staying within Northern Ireland would not do so. The protocol created a joint committee to identify, with the EU, which goods were at risk of going into Ireland. That sensible process was one achievement of our agreement, and our view is that that forum remains the best way of solving that question.

I am afraid that some in the EU are now relying on legal defaults to argue that every good is “at risk”, and therefore liable for tariffs. That would mean tariffs that could get as high as 90% by value on Scottish beef going to Northern Ireland, and moving not from Stranraer to Dublin but from Stranraer to Belfast within our United Kingdom. There would be tariffs of potentially more than 61% on Welsh lamb heading from Anglesey to Antrim, and of potentially more than 100% on clotted cream moving from Torridge—to pick a Devonshire town at random—to Larne. That is unreasonable and plainly against the spirit of that protocol

MPs on the Opposition benches were restive. The PM said:

To answer the questions that are being shouted at me from a sedentary position, last year we signed the withdrawal agreement in the belief, which I still hold, that the EU would be reasonable. After everything that has recently happened, we must consider the alternative. We asked for reasonableness, common sense, and balance, and we still hope to achieve that through the joint committee process, in which we will always persevere, no matter what the provocation.

Jeremy Wright (Kenilworth and Southam, Con) asked about violating international law:

When I was the Attorney General in the previous Government, I was happy to confirm that the ministerial code obliged Ministers to comply with international as well as domestic law. This Bill will give Ministers overt authority to break international law. Has the position on the ministerial code changed?

The PM replied:

No, not in the least. My right hon. and learned Friend can consult the Attorney General’s position on that. After all, what this Bill is simply seeking to do is insure and protect this country against the EU’s proven willingness—that is the crucial point—to use this delicately balanced protocol in ways for which it was never intended.

The Bill includes our first step to protect our country against such a contingency by creating a legal safety net taking powers in reserve, whereby Ministers can guarantee the integrity of our United Kingdom. I understand how some people will feel unease over the use of these powers, and I share that sentiment. I say to my right hon. and learned Friend that I have absolutely no desire to use these measures. They are an insurance policy, and if we reach agreement with our European friends, which I still believe is possible, they will never be invoked. Of course, it is the case that the passing of this Bill does not constitute the exercising of these powers.

Ed Miliband (Doncaster North, Lab) moved an amendment on behalf of Labour leader Sir Keir Starmer, who was not in the Chamber as he was self-isolating. Note ‘the rule of law’:

I beg to move an amendment, to leave out from “That” to the end of the Question and add:

this House notes that the UK has left the EU; calls on the Government to get on with negotiating a trade deal with the EU; recognises that legislation is required to ensure the smooth, effective working of the internal market across the UK; but declines to give a Second Reading to the Internal Market Bill because this Bill undermines the Withdrawal Agreement already agreed by Parliament, re-opens discussion about the Northern Ireland Protocol that has already been settled, breaches international law, undermines the devolution settlements and would tarnish the UK’s global reputation as a law-abiding nation and the UK’s ability to enforce other international trade deals and protect jobs and the economy.”

There are two questions at the heart of the Bill and of why we will oppose it tonight. First, how do we get an internal market after 1 January within the UK while upholding the devolution settlements, which have been a vital part of our constitution for two decades and are essential to our Union? Secondly, will our country abide by the rule of law—a rules-based international order, for which we are famous around the world and have always stood up?

Those are not small questions. They go to the heart of who we are as a country and the character of this Government

After interventions from a few MPs, Miliband openly challenged the PM, which had to be seen to be believed, it was that bold:

there is also an irony here—the Prime Minister tried to slip this in; I do not know whether the House noticed—which is that this Bill does precisely nothing to address the issue of the transport of food from Great Britain to Northern Ireland. It is about two issues where the Government are going to override international law: exit declarations, Northern Ireland to GB, and the definition of state aid relating to Northern Ireland. If the Prime Minister wants to tell us that there is another part of the Bill that I have not noticed that will deal with this supposed threat of blockade, I will very happily give way to him. I am sure he has read it; I am sure he knows it in detail, because he is a details man. Come on, tell us: what clause protects against the threat, which he says he is worried about, to GB-to-Northern Ireland exports? I give way to him. [Interruption.]

As the PM smouldered at Miliband’s arrogance, Deputy Speaker Dame Eleanor Laing intervened:

Order. The right hon. Gentleman cannot give way unless he is asked to.

Miliband carried on ranting, ending with:

I do not understand this. He signed the deal. It is his deal. It is the deal that he said would protect the people of Northern Ireland. I have to say to him, this is not just legislative hooliganism on any issue; it is on one of the most sensitive issues of all. I think we should take the word of two former Prime Ministers of this country who helped to secure peace in Northern Ireland.

An indignant Sammy Wilson (East Antrim, DUP) intervened:

Before the shadow spokesman lectures the Prime Minister about reading documentation or starts lecturing us about the Good Friday agreement, does he not recognise, first of all, that the Good Friday agreement talks about the principle of consent to change the constitutional position of Northern Ireland, which is what this protocol does? The Good Friday agreement has within it a mechanism to safeguard the minorities in Northern Ireland through a cross-community vote, which again the protocol removed. So before he starts talking about the threats to the Good Friday agreement, does he not recognise that the protocol was a threat to it in the first place?

Miliband replied to Sammy Wilson, then went on to invoke other Remainers, Theresa May and former PM John Major:

The right hon. Gentleman did not like the protocol at all. He would rather have not had the protocol. He and I just have a disagreement on this issue. I believe it was necessary to make special arrangements for Northern Ireland, or for the UK to be in the EU customs union to avoid a hard border in Ireland. That is why the Prime Minister came along and said the protocol was the right thing to do

Let us just get this straight for a minute, because I think it is important to take a step back. The Prime Minister is coming to the House to tell us today that his flagship achievement—the deal he told us was a triumph, the deal he said was oven-ready, the deal on which he fought and won the general election—is now contradictory and ambiguous. What incompetence. What failure of governance. How dare he try to blame everyone else? I say to the Prime Minister that this time he cannot blame the right hon. Member for Maidenhead (Mrs May), he cannot blame John Major, he cannot blame the judges, he cannot blame the civil servants, he cannot sack the Cabinet Secretary again. There is only one person responsible for it and that is him. This is his deal. It is his mess. It is his failure. For the first time in his life, it is time to take responsibility. It is time to ’fess up: either he was not straight with the country about the deal in the first place, or he did not understand it.

Enough of Miliband.

Sir William Cash (Stone, Con) spoke on behalf of the bill:

There has never been a level playing field in the EU. Its cardinal objective in these negotiations from the outset has included preventing us from being able to compete fairly. That is not good faith. Under the protocol, the EU would even control our legal tax freedom to create freeports and enterprise zones. All of this would massively undermine our businesses and jobs and therefore our voters

He gave several examples of how the EU operates unfairly, then concluded:

The EU seeks to subject us to a foreign regulator, taking essentially political decisions and armed with undemocratic prohibition powers and authorisations. It would be unconscionable and utterly naive for us to allow that to happen. It would be contrary to our national interests at this time of economic instability generated by coronavirus.

You can watch his speech in full here:

Leavers thought it was an excellent performance:

Bill Cash is part of the pro-Brexit ERG (European Research Group), which issued a three-page briefing memo explaining the importance of passing the Internal Market Bill. Guido Fawkes published it in full.

The SNP’s Ian Blackford (Ross, Skye and Lochaber) gave his ‘Scotland’ speech once again and made an egregious emotional appeal, invoking, like other Remainers, the rule of law:

Every Member has a choice. We know that the Bill breaks international law—so many learned individuals, including the previous Attorney General, have told us so. Tonight, this House can tell the Government that it is not on and that this House is not going to be complicit in a breach of international law. I venture that that is the responsibility that each Member has. Every Member—every Member, Madam Deputy Speaker—should examine their conscience. This is about a Bill that breaches the terms of a treaty, the ink of which is barely dry and on the delivery of which the governing party fought an election.

As is his wont, he spoke for ages, taking interventions from Labour MPs supporting his position.

Blackford said that the bill would hamper further devolution. Michael Gove, the Chancellor for the Duchy of Lancaster, asked how.

Blackford replied:

I hear the Cabinet Office Minister shout, “How?” Perhaps he should go and talk to the General Teaching Council, and it will give him its views directly. [Interruption.] Really? We have the Business Secretary, who is supposed to be taking this Bill through, sitting laughing—laughing at the legitimate comments made by stakeholders in Scotland. It is little wonder that the Tories are rejected in the way they are at the polls in Scotland

Sir Bob Neill began to come around to see the positive points in the bill yet said he could still not support it without amendments being added.

Sammy Wilson responded, making an excellent point:

The hon. Member for Bromley and Chislehurst (Sir Robert Neill) said that we have obligations to the rule of law and obligations to the EU. What about the obligations to the people of the United Kingdom to ensure the provisions of the Act of Union? The economic basis of the Act of Union makes it quite clear that there shall be no barriers on trade between different parts of the United Kingdom. I believe that the Government are fulfilling, in part, their obligations to the people of Northern Ireland in this Bill, and that is why we will support it tonight.

There were many excellent contributions from Brexit-supporting Conservative MPs. Opposition MPs were feisty and the debate was lively.

That evening, the bill passed — 340 to 263:

Guido has the list of Conservative abstentions. Theresa May’s name was among those listed.

The Labour amendment to reject the bill entirely failed by 349 votes to 213. TalkRADIO has an analysis.

The bill then moved on to Committee Stage.

On Tuesday, September 15, MPs debated various clauses and amendments.

That might sound boring, but it made for excellent viewing on BBC Parliament. Sparks were flying left and right.

SNP MPs insisted that the bill would decrease their powers under devolution. This is an argument that Conservatives, rightly, find absurd.

Paul Bristow (Peterborough, Con) asked the SNP’s Drew Hendry (Inverness, Nairn, Badenoch and Strathspey):

The hon. Gentleman called the Office for the Internal Market an unelected quango. Does he accept that, if he had his way, he would be handing powers back to unelected quangos in Brussels?

Drew Hendry replied:

This is the argument that Government Members try to propagate all the time—that if these powers came to Scotland, they would immediately be transferred to unelected people in the EU. Two things are wrong with that. First, nobody in the EU is actually unelected when they make decisions; they are all elected by either the Parliament or the people who go there. The second and most fundamental point is that, under these proposals, the UK Government are simply taking all control and overriding the ability of Members of the Scottish Parliament to do their job by representing the people who voted for them and their choices.

The SNP fear that the UK Parliament will make decisions that override the spending wishes of the Scottish Government. It’s possible but probably unlikely. Still, would that not be better than the EU making those decisions? According to the SNP, no, it would not.

Bill Cash intervened in an attempt to add reason to the debate:

The arguments that I have just heard from the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) are, in my judgment, completely unjustified. [Interruption.] He might expect me to say that; it is hardly surprising. The reality is that the Bill is intended to provide for independent advice and monitoring through the creation of this internal market within the Competition and Markets Authority arrangements. What the provision clearly states—far from it being just a bunch of nodding donkeys, which is more or less what the hon. Gentleman is saying—is that it will be a non-ministerial department, albeit sponsored by the Department for Business, Energy and Industrial Strategy, and it will have an enormous amount and range of experience and knowledge brought from its predecessor.

Hendry asked him who would be in the Competition and Markets Authority (CMA).

Cash replied, dryly:

What I can say for sure is that it will not be the European Union, and that summarises the argument in a nutshell.

Cash elaborated on the danger of EU interference:

We will need to be able to compete effectively throughout the world. This is a serious matter about a serious issue. What we cannot have, as I mentioned yesterday, is the situation that we have at the moment, which is where authorisations are given by the European Commission that either create discrimination against British businesses or have the perception or the potential for doing so. They will affect the voters in Scotland—and the voters in Sheffield, if I may say so. I was brought up in Sheffield. I saw what the European Coal and Steel Community did to the British steel industry. [Interruption.] I hear what the hon. Member for Sheffield Central (Paul Blomfield) says. The reality is that those businesses were driven out of business by, in many cases, unfair subsidies and unfair state aids that were given to other member states. I can give an example. I happened to know many people who worked at the coalface—I used to play cricket with them when I played for Sheffield—and I can tell Members that the Sheffield steelworkers, whom I also played with on occasion, sometimes it was rugger, found that they were very severely jeopardised by the massive state aids that were given to the German coal industry—it was as much as £4 billion—and authorised by the Commission. For a variety of reasons, we did not get the same kind of treatment here in the United Kingdom. This is all part of the problem of how to have fair and reasonable competition.

Joanna Cherry (Edinburgh South West, SNP) directed her comment to Cash, unintentionally getting the soundbite of the day in his reply:

I am going to answer the hon. Gentleman’s question. The Scottish National party wants Scotland to remain part of the European Union—a single market of more than 500 million consumers. The SNP does not wish to put up trade barriers with England. It is his party that wishes to enforce upon us trade barriers if we dare to exercise our democratic right of self-determination, which he has spent the last 40 years banging on about in this House for England.

Cash’s reply was brilliant:

If I may say so, not unsuccessfully.

Cherry was clearly irritated:

That remains to be seen.

There is too much to quote from this lively debate, so do read it here.

An Opposition amendment and a clause were defeated.

The debate in Committee Stage continued on Wednesday, September 16. The Opposition brought forward more amendments.

The theme of devolution continued. Discussion about a possible threat to Welsh devolution accompanied the concerns of Scottish SNP MPs.

John Lamont, a Conservative MP representing the Scottish constituency of Berwickshire, Roxburgh and Selkirk asked the SNP’s Alison Thewlis why she thought the UK government was working against Scotland’s interests:

The hon. Lady is giving a typically bitter speech around the role of the UK Government into Scotland. Does she not accept that the UK Government and the Scottish Government have worked very closely together on the growth deals and city deals in Scotland? They are very good examples of what can be achieved in Scotland with both Governments working together, rather than the attitude that she takes of opposing everything that this place does.

Thewliss replied:

I am very interested that the hon. Gentleman raises growth deals, because every single growth deal in Scotland has been short-changed by the UK Government. The Scottish Government have put in more than the UK Government to those growth deals and we are still waiting for the money for some of those growth deals to be realised.

Andrew Bowie, another Conservative MP representing a Scottish constituency (West Aberdeenshire and Kincardine) couldn’t change her mind, either.

The Conservatives brought logic to the debate, something Opposition MPs were unable to do.

A Labour amendment, brought forward by Ed Miliband, requiring financial assistance to be the subject of a framework agreement to be agreed by resolution of each House of Parliament was defeated: 330-208.

That day, Boris Johnson appeared before a Select Committee to explain why the Internal Market Bill was necessary:

He told Labour MP Hilary Benn that he thought the EU representatives were negotiating in bad faith:

It is always possible that I am mistaken. Perhaps they will prove my suspicions wrong.

On Thursday, September 17, Guido Fawkes outlined the debates which took place this week (emphases in the original):

The Government will table two amendments to its own Bill on Tuesday, firstly a redrafted version of the Neill Amendment – setting in stone the need for a parliamentary vote beyond the requirements of ordinary statutory instruments, and secondly a clause to prevent significant litigation of the enactment of the controversial provisions. Tightening up the ability to deploy with the consent of the House.

Of course, the Government insists it still does not want to have to use these powers of last resort. But now it will have them in case the EU don’t offer concessions…

I’ll cover those tomorrow.

This past week was another disappointing one in Parliament, to say the least.

The vaunted date of departure from the EU — Friday, March 29, 2019 — came and went with no change in Britain’s EU membership. For those who voted Leave in the June 23, 2016 referendum, it was a sad day indeed. Journalist Tim Montgomerie’s tweet of a man crying summed up the situation perfectly:

Conservative MP Bill Cash correctly assessed the situation, sadly, to no avail:

Another prominent Conservative MP, David Davis, also spoke up. He resigned from Theresa May’s Brexit team last summer because of her faulty plan drawn up at Chequers (the prime ministerial weekend residence). This plan, her plan which has now had three unsuccessful meaningful votes (MV3 was on Friday), appeared out of the blue. She forced her Brexit team to accept her plan rather than No Deal. Hence, Davis’s and others’ resignations from her Brexit team.

Davis confirms that the referendum result is being ignored but could still be saved if enough MPs do the ‘right thing’:

David Davis is a great MP, and it is a shame that he will never be party leader. That is probably because he a) has a discernible moral compass and b) is outside the Oxbridge clique that dominates today’s party politics in Britain.

Whilst he did end up voting for Theresa May’s (Chequers) Plan on Friday, he did so hoping that Britain would leave the EU that day, as scheduled.

In recent weeks, Prime Minister May has changed her tune from ‘No deal is better than a bad deal (hers)’ to ‘My deal or no deal’.

In the aforementioned editorial for The Sun, Davis wrote (emphasis in the original, those in purple mine):

THE Prime Minister’s Withdrawal Agreement has been voted down three times. It’s had more comebacks than Frank Sinatra

Despite this I voted for it twice but with great reluctance as the alternative is so much worse.

If unreconciled Remainers in Parliament are allowed to hijack negotiations, we will get Brexit in name only, or no Brexit at all.

It’s a terrible state of affairs and I wish the Government had had the courage to maintain the possibility of a No Deal exit.

It would have given leverage to our negotiating position and delivered a better deal.

Frankly what we face now is a crisis of democracy. Record numbers of Britons voted in their droves to leave the EU.

Subsequently both the main parties and others, too, promised at the 2017 General Election that we would leave on time and exit the single market and customs union.

Now that is threatened. Those who wish to thwart Brexit have captured Parliament and will exert a terrible price by forcing the UK to remain in the customs union in complete contradiction of their election manifestos.

It is a mystery why May did not push for a No Deal on World Trade Organization terms. That was what Leave voters had in mind when they cast their ballots in 2016: a clean break with the EU and full autonomy for the UK.

Last Sunday, I wrote that MPs would be voting on alternative measures to a no deal Leave plan or Theresa May’s in the last week of March. These are called indicative votes.

None of the indicative votes from Wednesday, March 27 passed, making the churning Brexit waters much murkier:

Except for Motions B (No Deal) and O (Contingent preferential arrangements), those are all bad proposals. Revocation — Motion L — overturns the referendum result. Confirming Parliament’s decision by public vote — Motion M — similarly would overturn the referendum result. The customs union proposals would cost the UK more in loss of autonomy than full EU membership. They would also be costly financially, especially compared with the trade benefit we would receive in turn:

According to David Davis, PM May will not enact anything that does not resemble Brexit:

We can only hope that this continues to be the case as we enter April.

As Davis explains in his Brexit Central article of March 27 (emphases mine):

The British people knew exactly what they were voting for – and they rightly expect Parliament to deliver it.

And the more that the people hear that they did not know what they voted for, the more their opinion crystallises. We need only look at yesterday’s ComRes poll, which shows the largest yet recorded support for a no-deal Brexit. Over 40% of people believe we should leave on WTO rules, a number that grows every week. The idea that Leave voters did not vote to leave the Customs Union or the Single Market has no grounding in fact. It is patronising, and dismissive of their views.

So the Prime Minister is right to listen to Parliament, but she is also right to rule out any options that do not meet the democratic decision of the British people. Yesterday’s ComRes poll showed that a clear majority of people believe that attempts by Remain-supporting MPs and other Establishment figures to block Brexit were undermining the UK’s negotiation position. More than half believe that if MPs go against the 2016 decision it will irreversibly damage democracy. So the Prime Minister’s first democratic duty is to the electorate directly, to deliver a proper Brexit as soon as practically possible.

In the final analysis, the Prime Minister is the servant, not of Party, nor of Parliament, but of the people, and that should be her guiding principle throughout the Brexit process. Otherwise the British people will lose faith in their democracy, and the United Kingdom will face its Trump moment.

‘Trump moment’ is a dog-whistle, as most Britons believe that to be the worst thing that could ever happen in British politics.

The indicative votes are set to be debated on Monday, April 1. How apposite.

More on Brexit will follow in the days ahead.

Forbidden Bible Verses will appear on Monday.

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