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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 week, the UK government’s scientific advisers and Prime Minister Boris Johnson said that new, stricter coronavirus measures would come into effect on Thursday, September 24.

On Monday morning, Chris Whitty and Sir Patrick Vallance presented their latest figures, which looked as if they must have come (once again) from Prof Neil Ferguson, they are that exaggerated. You can see the graph further down in my post:

This is utter madness, reminiscent of the WMD days when Tony Blair told us that a WMD could reach our shores within 45 minutes:

Their presentation, given against a No. 10 backdrop, had the purpose of preparing the public for Boris Johnson’s announcements on Tuesday. They took no questions.

They showed graphs of where Spain and France are, with an uptick in ‘cases’. Again, that means positive test results, most of which do not require hospitalisation.

Strangely enough, the Rule of Six only came in on Monday. Let’s let it bed in for a few days, fellas, before taking more measures. They’re doing exactly what they did in March, though. On March 16, new measures came in. On March 23, we had lockdown.

The Rule of Six is a Belgian tactic that SAGE thought would work in England. As such, they recommended it to the Government.

Perhaps this is the reason the two scientists did not mention Belgium once in their presentation:

I am glad someone will be tracking the progress of the projections over the next few weeks:

On Tuesday, Boris addressed Parliament and gave a short address that evening, televised to the nation.

In short:

– Pubs and restaurants must close by 10 p.m.

– They must offer table service only.

– All retail workers in hospitality settings must wear masks, along with customers, unless they are eating or drinking.

– Fines for breaking the Rule of Six or not wearing a face covering will result in an initial fine of £200, up from £100, for a first offence.

– Indoor five-a-side football matches have been banned.

– Wedding attendance has been reduced from 30 to 15; funeral attendance remains capped at 30.

– Police are allowed to call the military to fulfil office duties and/or to guard protected sites, leaving the police more capacity to fight crime.

– The plan to return a limited number of fans to sports stadia on October 1 is now postponed indefinitely.

The Daily Mail has a comprehensive article, including Boris’s transcript, on the scathing reactions from police and business owners, particularly publicans. Sir Andrew Lloyd Webber said that this could sound the death knell for commercial theatre.

The Telegraph‘s Matt has this take on Army assistance:

The chances of that happening are very low:

The sad thing is that only five per cent of COVID-19 infections occur in a hospitality environment!

The Government and SAGE know this — yet they pressed on with restrictions!

The Daily Mail reported (emphases mine):

Public Health England data reveals that of the 729 outbreaks in the week to September 13only five per cent occurred in food outlets such as restaurants and pubs – 45 per cent were in care homes, 21 per cent in schools and 18 per cent in places of work.

Wetherspoons founder Tim Martin said: ‘The curfew doesn’t even stand up to five minutes consideration by an intelligent person because if you look at the stats… there are relatively few transfers of infections in pubs.

Kate Nicholls, chief executive of trade body UK Hospitality, urged the Government to heed its own statistics because the curfew could take a sledgehammer to the industry which is already ‘on its knees’.

She said this morning: ‘People will think it’s not that significant, but it really will have a big economic impact on jobs, not just on pubs, but also for cafes and restaurants.’   

Martin Wolstencroft, head of Arch Inspirations, which runs 17 bars and restaurants in Leeds, Manchester, York and Newcastle, said the curfew will not make it viable to open some of his venues.

Ironically, August was the month of discount lunches in Chancellor Rishi Sunak’s successful initiative, Eat Out to Help Out, which the hospitality industry welcomed.

The Government’s new restrictions will largely destroy any uplift participating restaurants received from it.

What on earth is going on?

Toby Young, who was at Oxford with Boris, says that something has changed — and not for the better. Note that Prince Charles approves of military intervention for climate change. Scary:

It’s entirely possible that these ruinous measures have no basis in scientific fact, devastating people’s livelihoods and families:

Conservative backbench MPs sounded off.

On Tuesday, Sir Desmond Swayne, who has commented both in and outside the House of Commons, tweeted:

His blog post states, in part:

Flu kills all year round – In the last weeks of July it killed 1000 of us (where Covid-19 killed only 200)- but it is seasonal: it certainly kills a lot more of us in the winter. Equally, we should stop talking about another wave of Covid-19 and instead, like flu, start expecting its annual season.

Having peaked in April Covid-19 abated over the summer. Inevitably it will get worse in winter. It may also be worse this winter than might otherwise have been the case. This is because we carried on with a number of restrictions on normal social life during the summer, reducing our ability to acquire and share herd immunity and wasting the opportunity provided by the weakest period for the virus.

My contention remains, as I have said many times over the last months, that our over-reaction to the disease has done much more lasting economic damage, and, counter-intuitively, even more damage to our health than the disease itself.

The current strategy merely kicks the can down the road. If the measures work and reduce the spread, the virus will simply reappear later.

Of course, we could be lucky and get a vaccine or a cure, or even ‘moon-shot’ daily tests to enable us to return to normality, but none of these are certain.

One day there may be a virus that threatens our whole way of life – but this isn’t it, even if we are behaving as if it were.

Sir Desmond retweeted a neurologist’s comment on the outrageous graph of projected ‘cases’ this autumn — in reality, positive tests:

Today, Sir Desmond gave an interview to the BBC about the continuing and questionable restrictions on civil liberties:

Richard Drax rightly predicted economic disaster, ruining the lives of millions:

Lucy Allan also spoke out on Twitter.

She tweeted Monday’s graph from SAGE:

She rightly opposes putting everyone on restrictions when we should be protecting those most at risk:

She retweeted an open letter from Profs Sikora, Heneghan and several other leaders in British medicine:

She also called for the precise definition of a ‘case’:

That’s probably why Whitty and Vallance didn’t take questions.

Sir Edward Leigh also had a lot to say on this week’s announcements:

He is rightly concerned about the blind faith we place in authority and the gradual erosion of civil liberties:

I couldn’t agree more:

At least 1,000 people die in the UK every day.

Below are the causes of death per day in September.

Note where COVID-19 is: second from the bottom, dwarfed by heart disease and cancer.

There were nearly twice as many suicides than deaths from the Chi-vi:

https://image.vuukle.com/21414c90-8f1a-445b-989f-74a955755b28-d1e24630-3f46-4d99-920d-a243660a26ea

Steve Baker is also concerned about the restrictions bypassing Parliament:

Wow. Sir Graham Brady could pit a load of Tory rebels against the government. Good show:

The article from The Critic says:

Unless Matt Hancock finds a workable accommodation with Sir Graham Brady, the chairman of the 1922 Committee of Tory backbench MPs, the government faces the prospect of defeat next Wednesday when the Coronavirus Act 2020 comes up for its six-monthly renewal in the House of Commons.

The scale of backbench unhappiness is such that according to Steve Baker, who is working alongside Sir Graham, “the magic number was exceeded with 24 hours” of his beginning to canvas support for an insurrection among fellow Conservative MPs. Victory would require Labour and SNP MPs to seize on the opportunity to inflict a humiliating defeat on the government by voting with the Tory rebels. Indications increasingly suggest that this could happen. An increasingly dispirited Whips Office, which feels ignored and disrespected by Downing Street, is especially concerned at the sight of the former ERG “Spartans” leader, Baker, at Westminster furiously tapping away on his phone – a colliery canary of trouble ahead.

The government is equally concerned that the rebellion is being led by Sir Graham Brady, whose role as chairman of the 1992 Committee makes him the most authoritative channel of backbench opinion. In a sign of how seriously Downing Street management is taking the senior shop steward’s challenge, on Monday evening the prime minister privately went to see the 1922’s executive committee.

The primary complaint is that the government is using powers granted to it under the 1984 Public Health Act and 2020 Coronavirus Act to enact previously unconscionable measures without any prior debate in the Commons. Brady has condemned ministers who “have got into the habit of ruling by decree.”

MPs were prepared to cede considerable authority to the government in March in a period of acute crisis when there appeared to be only weeks if not days to “flatten the sombrero” to save the NHS from being overwhelmed. But Boris Johnson’s admission in his statement to Parliament today that the latest curtailments (which include further restrictions on hospitality opening hours and the number of people who can congregate at weddings, funerals and other public, private and sporting functions), would likely last at least six months has alerted MPs to the reality that government by decree may last until a vaccine is approved. If, indeed, a vaccine is approved. This is a war that will not be over by Christmas.

Far from persuading potential rebel MPs that a new crisis is looming, the performance of the government’s chief medical and scientific officers, Chris Whitty and Sir Patrick Vallance, at their press conference yesterday has heightened consternation that the government is over-reliant on advice predicated upon worst case scenarios that is trumping competing economic and civil liberty considerations.

The likelihood of executive mission creep was foreseen back in March by David Davis and Steve Baker who pushed the government into adopting an amendment reducing from two years to six months the period in which the powers of the Coronavirus Act must be renewed by parliament. That renewal debate will now take place next Wednesday.

I remember that debate from March and also wondered if the Government were as good as their word.

Whilst they are unlikely to call for a wholesale repeal of the Coronavirus Act, Sir Graham Brady could call for a scrutiny clause appended to the Act so that every new statutory instrument connected to the legislation would have to go through Parliament first. To date, many of them have not. Therefore:

Rebels are pinning their hopes on this prospect. They may find a friend in the The Speaker, Sir Lindsay Hoyle, who has already made clear his intense irritation with Matt Hancock’s disregard for informing parliament first of major legal changes like the “rule of six” and for the government’s brusque imposition of restrictions in his own Chorley constituency

The appeal of such a mechanism is obvious to Tory backbenchers concerned that laws are being made without scrutiny and are difficult to repeal. But there is no in-principle reason why Opposition parties need object to such a parliamentary safeguard either. Hence the likelihood of a rebellion having the numbers to succeed next Wednesday.

I can hardly wait.

Iain Duncan Smith is also airing his views. Note what he says and compare it to the death graph above:

Brexit better be more than BRINO, otherwise that prediction about the Conservatives could come true.

Former Brexit Party MEP and owner of England’s greatest smoked salmon business, Forman’s, said:

How true.

Unfortunately, at today’s PMQs, Boris said that restrictions will continue until a vaccine is found! Dangerous.

This week was a bit of a barnstormer in the House of Commons: from Extinction Rebellion to coronavirus.

Last weekend, a man stabbed several people in Birmingham’s city centre, killing one. A stabbing also occurred in Lewisham (South London). On Monday morning, a shooting occurred in a small town in Suffolk.

Extinction Rebellion (XR) disrupted the distribution of most national newspapers’ weekend editions in England. They glued themselves to scaffolding outside some of the printing plants. Members of Extinction Rebellion also protested at a printing plant in Motherwell, Scotland. The Scottish protests were less severe.

Coronavirus testing has been problematic, with many people unable to find tests when they need them.

Big Christmas gatherings are likely to be cancelled because of new coronavirus legislation.

Grab yourself a cuppa and a sarnie. This week’s Parliamentary debates and reaction were compelling.

Monday, September 7

Kit Malthouse, the Minister for Crime and Policing, delivered a statement about the Birmingham stabbings and the Extinction Rebellion direct action. A debate followed.

An excerpt from Malthouse’s statement follows (emphases mine below):

On Friday night, Extinction Rebellion protesters used trucks and bamboo scaffolds to block roads outside the newsprinters works at Broxbourne, Hertfordshire and Knowsley, near Liverpool. These presses print The Sun, The Times, The Sun on Sunday and The Sunday Times, as well as The Daily Telegraph, The Sunday Telegraph, The Daily Mail, The Mail on Sunday and the London Evening Standard. The police reacted quickly on Friday night, arrested around 80 people nationally and worked throughout Saturday to clear the sites completely. In Broxbourne, approximately 100 protesters were reported in attendance. Assistance from neighbouring forces was required, with work long into the early hours to ease the disruption. Fifty one protesters were arrested for public nuisance and subsequently charged with obstruction of the highway. They were taken to three custody suites in Hertfordshire, Bedfordshire and London. Disruption concluded by midday on Saturday. All main roads remained open, including the nearby A10. However, there was disruption to the distribution of newspapers as well as for local businesses.

In Knowsley, a group of 30 protesters were reported in attendance alongside 10 observers, one legal adviser and one police liaison individual. Thirty protesters were arrested, with disruption concluding by 10.45 the next morning. These protesters were subsequently charged with aggravated trespass and bailed to appear before magistrates at a later date. Twenty four protesters also ​attended a print works in Motherwell, Lanarkshire in Scotland. In this instance there was no disruption caused and no arrests were made.

A free press is the cornerstone of a British society. The freedom to publish without fear or favour, to inform the public, to scrutinise our institutions and to stimulate debate on events that affect each and every one of us is indispensable. The actions of Extinction Rebellion were a direct challenge to this freedom and the values of liberty and tolerance that we hold dear. Extinction Rebellion claims to be an environmental campaign group, yet that worthy cause is undermined by its tactics. Its actions show that it is not interested in purely peaceful protest, dialogue and debate. Instead, it seeks to impose its view through this kind of direct action.

The right to peaceful protest is a fundamental tool of civic expression and will never be curtailed by the Government. Equally, it is unacceptable for groups such as XR to hide behind the guise of protest while committing criminal acts that prevent law-abiding citizens from going about their lives. All of us will remember the disruption caused last year as the group blocked roads and major transport routes. Police forces across the country were forced to divert resources away from tackling other crime in order to oversee those occupations. It is a terrible shame to see those counterproductive tactics revived in the midst of a pandemic, when we are only just recovering from the profound disruption of lockdown. Throughout the pandemic, our police officers have been on the streets every day working to keep the public safe and to stop the spread of coronavirus. In placing unnecessary pressure on our emergency services, the actions of the protesters are contemptuous not only of the police but of the public whom they seek to protect.

The irony is that the United Kingdom is already doing more to tackle climate change and decarbonise our economy than almost any other nation on earth. The UK is the first major economy to legislate to end our contribution to climate change by 2050. Since 2000, we have decarbonised our economy faster than any other G20 country. The Prime Minister has set up two Cabinet Committees focused on tackling climate change—one for strategy and another for implementation—discussing how Departments can go further and faster in meeting our legally binding 2050 net zero target. We are also hosting the next UN climate change conference, COP26, which will take place in November in Glasgow. It would be far more productive if, rather than plotting disruption and chaos, those behind Extinction Rebellion put their efforts into working with the Government to tackle climate change and build the green economy. While they persist in their current course, however, our message to those individuals is clear: if you plan to curtail our freedoms through criminal acts, be in no doubt that you will face the full force of the law. As a Government, we will not stand by and allow the livelihoods of hard-working people to be undermined by a minority using the pretence of tackling climate change to impose an extremist world view.

Extinction Rebellion’s actions have shown how the tactics of disruptive protests are changing. The Home Office has been engaging with police chiefs to understand the challenges they face and to assess how they can facilitate peaceful protest while not causing significant disruption and infringing on the rights of others with differing views. The Home Secretary and I are committed ​to learning the lessons of recent protests and ensuring that the police have the powers required to deal with the disruption caused by groups such as XR. I will keep the tools available to tackle this behaviour under constant review. As always, our thanks go to the police for their tireless efforts to respond to all manner of incidents, and particularly at this time when so many have worked so hard during the pandemic. I hope that the leaders of Extinction Rebellion will issue an apology to them for actions that have been roundly condemned by all mainstream opinion in our country.

By its actions this weekend, XR has done nothing to bolster the cause of fighting climate change. Rather, it has reminded us of the value of a free press and free expression and made us think about what more we may need to do to protect those freedoms. I commend this statement to the House.

Sarah Jones (Croydon Central), responding for Labour, gave an excellent speech. An excerpt follows:

all Members of the House will be deeply concerned about the wider rise in violent crime that we are seeing. As the former chair of the all-party parliamentary group on knife crime and violence reduction, I am all too aware of the seriousness of this issue. I know that West Midlands police, along with David Jamieson, the PCC, is taking this very seriously, and the violence reduction unit is doing some great preventive work in the west midlands. Does the Minister accept that over the past decade we have seen knife crime rise in every police force area in England and Wales, and ​that easing lockdown restrictions poses particular challenges? Does he further accept that rising violent crime must be urgently addressed?

Turning to the matter of Extinction Rebellion, I trust that the Minister will agree with me, rather than some members of his own party, in recognising that tackling climate change is the challenge of our generation. However, we also know that the free press is the cornerstone of democracy, and we must do all we can to protect it. As a result, actions that stop people being able to read what they choose are wrong. They will do nothing to tackle climate change. Those who break the law should be held to account. As the Leader of the Opposition said over the weekend, the actions of those who deliberately set out to break the law and stifle freedom of the press are completely unacceptable. Stopping people being able to buy the newspapers they choose and hitting small businesses in the process is hugely counterproductive. It does nothing to tackle the vital cause of tackling climate change. In fact, it sets it back.

On the policing response to the incidents, can the Minister confirm whether the authorities had any intelligence that these incidents might occur?

Today in the media, new laws have been mentioned by the Home Secretary. Can the Minister confirm what aspects of our current public order laws he believes are inadequate? Will he also confirm which aspects of the Coronavirus Act 2020 dealing with gatherings he believes leave gaps? Does he agree that we should not forget the many people who are concerned about climate change who wish to peacefully and lawfully protest, and that that right should be protected?

Malthouse did not answer her question about new legislation and said that the intelligence surrounding Extinction Rebellion’s actions at the printing plants was unclear.

Bob Stewart (Beckenham, Conservative) suggested giving the protesters fixed-penalty notices (fines). Malthouse said that, as those were new during the coronavirus pandemic, there aren’t enough data to measure their efficacy.

An SNP MP, Kenny MacAskill (East Lothian) downplayed the Extinction Rebellion incident. As SNP MPs always do, they think only of Scotland. If this doesn’t spell out the SNP’s sympathies with Marxism, I don’t know what does:

The … group perpetrated no violence—random or otherwise—nor is it a criminal gang, terrorist ​group or a deranged individual. Any attempt to portray those people as that is wrong and a dangerous precedent in a democracy. The actions carried out by Extinction Rebellion, both in Scotland and in England, were a peaceful protest. That should not be forgotten, and that remains legitimate. It is a group of young people, although not always entirely young, who care about the environment. That is a legitimate position to take. This action was not an attempt to close down free speech, and to suggest otherwise is disingenuous. All they were seeking to do was to disrupt the outgoing of print for a period of time. There was no cessation of the print being published. Indeed, it appeared online and at most delivery was delayed to some shops.

Malthouse replied:

I am sorry that the hon. Gentleman has positioned the SNP outside mainstream opinion. [Interruption.] Well, you’re all expressing consternation, and speaking, smiling and laughing. I do not know why me expressing concern is worthy of derision. In truth, the vast majority of people in this country, and all mainstream parties in this country, have expressed alarm at the tactics of Extinction Rebellion over the weekend and its stated aim of disrupting newspapers’ ability to distribute their views and opinions because they do not agree with them. One of the first things that happens in extremist states and takeovers is an attempt to grip the television station, the radio station or the newspapers. Control of information is key so we need to take care with these things. I hope he will agree with me in time.

Antony Higginbotham (Burnley, Conservative) expressed concern at the cost of the Extinction Rebellion protest:

The unacceptable actions of Extinction Rebellion show a consistent disregard for the lives and livelihoods that they disrupt. Does my hon. Friend believe we should hold Extinction Rebellion to account, not just for the significant public sector costs that rack up with the action it undertakes, but for the significant lost income that businesses across the country have suffered as a result?

Malthouse said:

My hon. Friend raises a very important point. He is right that these protests are not costless. Aside from the costs to the businesses affected, there is a large overtime bill to be covered. Of all the costs, the most profound and alarming is the opportunity cost; those police officers who are spending time ungluing protesters and dismantling scaffolding are not spending time preventing knife crime, murder, rape or domestic violence. There are other much more vital activities that could be performed in the communities they serve.

Anthony Browne (South Cambridgshire, Conservative) pointed out that freer countries have fewer environmental issues:

I am a journalist and an environmentalist. I used to be environment editor of The Observer and The Times. I am currently chair of the all-party parliamentary group on the environment, and I have seen around the world that those countries that have a free press are far better at tackling environmental problems than those countries without a free press. Will my hon. Friend join me in condemning Extinction Rebellion’s assault on the free press, and does he agree that such attacks on free speech will ultimately do more harm to the environmental cause than help it?

Malthouse responded:

I completely agree with my hon. Friend. Of course, the paradox, or even the tragedy, of the protests is that I understand that the edition of The Sun that was prevented from being distributed contained an op-ed from David Attenborough—no less—extolling the virtues of climate change action and urging Sun readers to do their bit on global warming. Ten years ago, nobody would have dreamt of that opinion appearing ​in that newspaper, and it shows how far the argument has been advanced by peaceful means. This protest runs the risk of setting the debate back rather than moving it forward.

Dr Julian Lewis, who is now Independent (having had the Conservative whip removed), pointed out the contradiction of fining anti-lockdown spokesman Piers Corbyn £10,000 when XR were free to glue themselves to scaffolding with no fine:

It is true that various brands of Corbynism are a little less popular these days, but does my hon. Friend agree that fining a climate change denier £10,000 for an anti-lockdown protest sets a benchmark which should equally apply to those who break the law in pursuit of more fashionable causes?

Malthouse replied:

As the right hon. Gentleman may know, a number of fixed penalty fines have been handed out over the past few days for all manner of contraventions of the coronavirus regulations. No doubt some may be disputed, but we shall see in the end where the courts decide.

The SNP’s Patricia Gibson (North Ayrshire and Arran) asked if XR would be reclassified as a criminal group:

Does the Minister understand the genuine concerns about any plans to reclassify Extinction Rebellion as a ​criminal group and the implications that this may have for peaceful protest, especially given that last year the Prime Minister’s own father addressed an Extinction Rebellion rally and said that he backed their methods?

Malthouse said that such groups are being watched and are under review.

Richard Burgon (Leeds East, Labour) claimed that direct action was part of democracy:

Direct action is a proud part of our history and democracy. Through it, the Chartists and suffragettes helped secure the right to vote and trade unions won the eight-hour working day and paid holidays, and it played a key part in securing legislation for gay rights and for women’s and racial equality. If pursued, would not the Home Secretary’s suggestion of defining Extinction Rebellion as a criminal gang be a betrayal of our proud tradition of civil liberties?

Malthouse said:

Direct action is not the same thing as a crime. If the hon. Gentleman is saying that there are certain crimes that he wishes to ignore, then I am afraid the Opposition are in a very difficult place. I am the Minister for policing and crime, and when, under our current law as approved through this House, somebody commits a crime, I have no choice other than to condemn it.

Lee Anderson (Ashfield, Conservative) would like for XR to be designated a criminal organisation:

The people of Ashfield see no benefit in protesters gluing their ears to the pavement, spraying red dye on our monuments or camping out in trees on Parliament Square. Extinction Rebellion is now public nuisance No. 1 because of the disruption it causes, as well as the massive cost to our emergency services when, frankly, they have better things to do. Does my hon. Friend agree that this group should be ​classified as a crime group and feel the full weight of the law if it continues to disrupt members of the public going about their daily business?

Malthouse repeated his earlier answer about such groups being under continuing review.

Martyn Day (Linlithgow and East Falkirk, SNP) did not want to see XR labelled as a criminal organisation:

Whatever we think about Extinction Rebellion’s tactics, be they right or wrong, its actions were peaceful, and such civil disobedience methods have been used throughout history, so any branding of the activists as criminals is certainly not acceptable. Does not the Minister agree that two wrongs do not make a right?

Malthouse gave this wise reply:

Not all crimes are violent.

Only one MP dared to connect Marxism with XR — Imran Ahmad Khan (Wakefield, Conservative). Well done:

It is with regret that, since Extinction Rebellion’s inception, we have witnessed it adopt increasingly radical measures, which masquerade upon an environmentalist platform. In truth, it is a considered ruse to gain support for its ​Marxist agenda, which attacks British values predicated on freedom and pluralism. Blocking ambulances and seeking to constrain press freedom are but two examples from a plethora of behaviours that demonstrate its devious agenda.

Her Majesty’s Government were elected with a mighty mandate from the British people to restore their ancient rights and freedoms, whether threatened from Brussels or from the barricade. The fine people of my constituency of Wakefield expect us to deliver on that. Will the Minister outline what steps the Government will take to neutralise XR’s disruptive and dangerous tactics?

Malthouse replied:

I am grateful for my hon. Friend’s stentorian support. He is quite right that people want to see a sense of order in this country, and that is exactly what we will put in place and what we are beavering away to make happen across the country—in his constituency and elsewhere.

I certainly hope so.

Tuesday, September 8

Matt Hancock, Secretary of State for Health and Social Care, gave a statement updating MPs on coronavirus and the situation in Bolton. New laws, he said, would apply only to Bolton.

He was economical with the truth …

Wednesday, September 9

On Wednesday morning, Steve Baker (Wycombe, Conservative), tweeted:

No one raised this topic at Prime Minister’s Questions (PMQs).

Meanwhile, Matt Hancock gave a morning interview (more here):

What does that even mean?

He explained his change of advice on testing to Sky News:

More on this follows below.

It was National Farmers Day, and many MPs wore ears of British wheat tied together with British wool. Labour’s Angela Rayner wasn’t the slightest bit interested:

Most of PMQs was about testing. Prime Minister Boris Johnson made this startling statement about daily coronavirus testing at home:

Just after PMQs, as Boris hurriedly scuttled out of the chamber, Sir Desmond Swayne (New Forest West, Conservative) raised a point of order about the coronavirus legislation.

I wonder if Boris knew about it in advance and got out of there as quickly as he could:

On a point of order, Mr Speaker. Had the Secretary of State for Health given notice of the Government’s intention to further restrict our liberty to meet with one another in his statement yesterday, at least some of us would have been able to question him about it. What remedy is there for those of us who enthusiastically support the Prime Minister, but nevertheless want to restrain the Government’s ability to govern by order without debate?

Speaker of the House Sir Lindsay Hoyle replied:

I thank the right hon. Member for giving me notice. I am very sympathetic to the main point he makes. I accept that decisions have been taken in a fast-moving situation, but timings for statements are known to Ministers. It is really not good enough for the Government to make decisions of this kind in a way that shows insufficient regard to the importance of major policy announcements being made first to this House and to Members of this House wherever possible. I have already sent a letter to the Secretary of State. I think the total disregard for this Chamber is not acceptable. I know that the Prime Minister is a Member of Parliament as well and that he will ensure that statements should be made here first, especially as this particular Secretary of State requests statements. To then ignore the major fact that he wanted to put to the country, and not put it before this House, is not acceptable and I hope he will apologise to Members.

Jonathan Ashworth (Leicester South, Labour Co-op) had more information:

Further to that point of order, Mr Speaker. Not only did we not get a convincing explanation yesterday from the Secretary of State on the ongoing testing fiasco, but in fact Mr Robert Peston of ITV wrote on Twitter, ahead of the Secretary of State’s statement, that the Government were planning to shift the regulations down from 30 people to six. There was no reason why the Secretary of State could not have told the House yesterday that that was the Government’s plan. Has the Secretary of State given you, Mr Speaker, notice that he is coming to the House to update MPs on that change in policy, or should we assume that Ministers do not know what they are doing from one day to the next?

Peston had tweeted this on Tuesday:

The Speaker was uncharacteristically incandescent:

What I would take on board is the fact that it was all over Twitter as this was going on. Obviously, somebody decided to tell the media rather than this House. What I would say is that I expect the Secretary of State to apologise to Members and make sure that this Chamber knows first. He was fully aware—fully aware—of what was going to be said later. Let me say that if this Minister wants to run this Chamber ragged, I can assure you now that I am sure an urgent question every day might just begin to run him ragged.

At 4 p.m., Boris gave a coronavirus press conference, announcing new coronavirus ‘marshals’ who will be appearing on our streets as of next week — so, not only in Bolton:

I agree 110% with this tweet:

Thursday, September 10

Leader of the House Jacob Rees-Mogg was unable to deliver his customary business statement to the Commons. One of his children developed coronavirus symptoms. Stuart Andrew, the Acting Leader, stood in for him:

Matt Hancock showed up to make a statement on new coronavirus regulations. He was taken to task over his confusing advice about getting a test. Earlier this year, he encouraged people to get tested. Now, with the system overwhelmed, he’s backtracked:

Guido Fawkes has quotes from Hancock documenting his about-face on the matter and concludes (emphases in the original):

Was Hancock’s advice wrong then or is it wrong now? The public will be getting pretty sick of the Department of Health’s cock-ups being the responsibility of anyone other than Hancock.

UPDATE: A government source tells Guido “The guidance is clear. If you think you have symptoms you should get a test. Today’s message is no different to that.” Apparently people in doubt about whether they have symptoms should still get a test…

Simon Dolan, a businessman who is taking the Government to court over lockdown, tweeted:

The Speaker of the House introduced the debate:

Before I call the Secretary of State, I would like to say that he and I had a conversation in a meeting last night, and I think we have some new arrangements coming forward to help the House.

That means that Hancock will be obliged to show up to present these developments to the House for debate in future.

He’s so disingenuous:

Thank you very much, Mr Speaker. Just to concur with what you have said, I do regard it as incredibly important to come to the House as often as possible. Sometimes these are fast-moving situations, and I will ensure that I give the House my full attention and, as I try to do, answer as many questions as fully as I can.

Excerpts follow:

… As the chief medical officer said yesterday, we must learn from the recent experience of countries such as Belgium that have successfully put in place measures to combat a similar rise in infections. So today, I would like to update the House on a number of new measures that will help us to get this virus under control and to make the rules clearer, simpler and more enforceable.

First, we are putting in place new rules on social contact … In England, from Monday, we are introducing the rule of six. Nobody should meet socially in groups of more than six, and if they do, they will be breaking the law. This will apply in any setting—indoors or outdoors, at home or in the pub. It replaces both the existing ban on gatherings of more than 30 and the current guidance on allowing two households to meet indoors.

There will be some exemptions. For example, if a single household or support bubble is larger than six, they can still gather.

Guido Fawkes was no doubt relieved:

Hancock continued:

Places of education and work are unaffected. Covid-secure weddings, wedding receptions and funerals can go ahead up to a limit of 30 people. Organised sport and exercise is exempt.

These are not measures that we take lightly. I understand that for many they will mean changing long-awaited plans or missing out on precious moments with loved ones, but this sacrifice is vital to control the virus for the long term and save lives, and I vow that we will not keep these rules in place for any longer than we have to.

Secondly, we are putting in place stronger enforcement. Hospitality venues will be legally required to request the contact details of every party. They will have to record and retain those details for 21 days and provide them to NHS Test and Trace without delay when required. This system is working well voluntarily, with minimal friction, and it is very effective, but it is not in place in all venues. It is only fair that it is followed by all. We are supporting ​local authorities to make greater use of their powers to close venues that are breaking rules and pose a risk to public health, and fines will be levied against hospitality venues that fail to ensure their premises are covid-secure.

Our goal, as much as possible, is to protect keeping schools and businesses open, while controlling the virus …

Our ability to test and trace on a large scale is fundamental to controlling the virus, as we have discussed in the House many times. The latest data show that we are doing more testing per head than other European countries such as Germany and Spain, and we have record capacity. We have increased capacity by more than 10,000 tests a day over the last fortnight. While there have been challenges in access to tests, the vast majority of people get their tests rapidly and close to home. The average distance travelled to a test site is 6.4 miles, and 90% of people who book a test travel 22 miles or less. We already have more than 400 testing sites in operation. We added 19 last week and plan 17 more this week.

However, as capacity has increased, we have seen an even faster rise in demand, including a significant increase from people who do not have symptoms and are not eligible for a test. That takes tests away from people who need them. If you have symptoms of coronavirus or are asked by a clinician or local authority to get a test, please apply, but if you do not have symptoms and have not been asked, you are not eligible for a test.

At the same time, we are developing new types of test that are simple, quick and scalable. They use swabs or saliva and can be turned round in 90 minutes or even 20 minutes. So-called Operation Moonshot, to deploy mass testing, will allow people to lead more normal lives and reduce the need for social distancing. For instance, it could mean that theatres and sports venues could test audience members on the day and let in those with a negative result, workplaces could be opened up to all those who test negative that morning, and anyone isolating because they are a contact or quarantining after travelling abroad could be tested and released. We are piloting that approach right now and verifying the new technology, and then it can be rolled out nationwide. [Laughter.] …

This will not meet well with a great swathe of people living in England (see the replies):

Simon Dolan tweeted:

Incidentally, the wait until Monday is partly because the St Leger Festival is being run through this weekend:

As the debate progressed, MPs from both sides of the House said that their constitutents were told to drive hundreds of miles away for tests. Here are two examples:

Rosie Cooper (West Lancashire) (Lab)

Will the Secretary of State please explain the lack of availability of home testing kits, which has dropped dramatically in my area of West Lancashire? In the absence of home testing kits, very ill pensioners are being offered tests 80 or 100 miles away. The confusing message in the assurance that he is trying to give is that there are too many getting tested, but that, if in doubt, people should get tested. How does that deal with the asymptomatic carriers or spreaders? This is a huge hidden danger. In the light of the Secretary of State’s earlier comment, my constituents would genuinely love to get with the programme, get tested where necessary and stay safe—if only the Government’s words met their actual experience of the system.

Lucy Allan (Telford) (Con)

I thank my right hon. Friend for his statement and very much welcome the exciting progress on developing saliva testing. Outstanding progress has already been made on expanding testing capacity, and he deserves our thanks for his tireless work. Inevitably, this is not without its challenges. On Tuesday evening, hundreds of cars from across the country—and I do mean hundreds—descended on Telford’s testing site, as they were directed to do by the booking system. Tests quickly ran out, roads became blocked, people who had travelled from as far away as Cornwall, Stockport and London were turned away, and my constituents were no longer able to access tests in the area and so in turn were sent elsewhere. What assurances can he give that the error in the booking system that directed so many people to Telford has now been corrected, and does he agree that people should not be criss-crossing the country and travelling for many hours to secure a test?

Harriet Baldwin (West Worcestershire, Conservative) asked about the infringement on civil liberties and whether the Government were moving the goalposts. I won’t bother with Hancock’s response, because he did not answer her question. He merely repeated the same old waffle:

We accepted massive restrictions on our liberty in March because we wanted to protect the NHS from being overwhelmed, and we achieved that—indeed, not all the capacity was used. We are now imposing more restrictions on people’s liberty. Does the Secretary of State’s strategic goal for England continue to be to protect the NHS from being overwhelmed, or has he now gone further and is aiming for zero covid in England?

Friday, September 11

Unusually, the House of Commons convened on a Friday.

The Speaker of the House opened the session with this:

We meet today on the 19th anniversary of 9/11. We remember all those who lost their lives due to terrorism on that day and all those who were injured, as well as those who were bereaved.

Then, Sir Christopher Chope (Christchurch, Conservative) spoke, concerned about the new coronavirus rules coming in on Monday, September 14:

On a point of order, Mr Speaker. I have been looking at today’s Order Paper and particularly at the remaining orders, where I had expected to see the statutory instrument that the Government must lay for the draconian new rules they are bringing in on Monday to be lawful. It does not appear to have been laid, despite the Prime Minister making an announcement about it on Wednesday and the Secretary of State for Health and Social Care having made a statement yesterday. I am very concerned about the lack of opportunity for the public to see the text of these new regulations and about the Government’s continuing reluctance to give any opportunity to Members to debate this. Yesterday, my right hon. Friend the Member for New Forest West (Sir Desmond Swayne) asked when we could have a debate on it, and he was told that he could apply for a Backbench Business debate. That hardly fits in with the sense of urgency about all this. When my hon. Friend the Member for Altrincham and Sale West (Sir Graham Brady) then raised the matter with the Secretary of State yesterday, he was told that the Secretary of State would take it away and think about it. That is not satisfactory, as we are talking about the most draconian introduction of new restrictions on our liberty, with criminal sanctions. We need to be aware of what is happening and given the opportunity to debate it.

Mr Speaker replied:

May I say that I share your disappointment? I think that we should all be informed and the country should also know what is going on. The laying of this instrument is a matter for the Government, but I would say that you know and I know that other avenues could be taken on Monday to tickle this little item out, if required. So I will leave it with you to ponder what you want to do next. The Clerk has made a note, and we will come back with further information.

MPs debated the Co-operative and Community Benefit Societies (Environmentally Sustainable Investment) Bill.

Earlier that morning, Steve Baker was a guest on BBC Radio 4’s Today. He spoke his mind about the Government’s response to coronavirus:

Baker retweeted an item from Liberty’s feed:

Good. Finally. I hope this results in a solid Left-Right grouping of credible people speaking out against this bill, hastily rushed through the Commons and the Lords in March.

Meanwhile, in Sweden:

Sweden continues to operate fairly normally. The British Government, on the other hand, follows the rest of the Western lemmings.

As is true in other countries, the British government and media narrative is that we must have a lockdown to suppress the ‘sombrero effect’ — the rise in people needing medical care for coronavirus.

In the UK, these are health service statistics (emphases mine):

Total number of GP’s = 35,000 (approximately)
Total c-19 cases at this date = 5,500

So we have over 6 GP’s per person infected.

Total hospital beds = 145,000 (approximately)
C-19 cases that require hospitalization (20% estimate) = 1100

And we have 131 hospital beds per C-19 hospitalization case or over 2000 per actual case.

Most coronavirus patients visiting hospital are given the usual advice (isolation, bed rest) and are sent home.

I know of a hospital that has diagnosed 21 cases of coronavirus: 19 patients were sent home, two were hospitalised and one of those patients, sadly, died. This hospital has 124 ICU (Intensive Care Unit) beds. After the first coronavirus victim died, only one of those beds was occupied (by the other coronavirus sufferer). The other 123 beds were still vacant. That was earlier this week.

Outside of London and Birmingham, there is no reason for panic.

The UK coronavirus death total as of March 24 is 422. The total UK population is approximately 65,000,000.

Therefore, the need for a) lockdown and b) emergency legislation remains dubious.

On Monday, March 23, Prime Minister Boris Johnson put us in lockdown at 8:30 p.m. while MPs were debating emergency legislation, the Coronavirus Bill, sent to the House of Lords that evening:

Boris’s five-minute address attracted at least 27m viewers on the main television channels — around a third of the population:

This is a likely outcome of both:

… We are now a totalitarian state.

This is how it works:

1. Minor breaches of draconian rules will result in further draconian rules.
2. Government will move to enforce their totalitarian authority with force.

Look for facial recognition and phone tracking to enforce breaches of the fear-warriors authoritarian state.

And in a year’s time look for the lack of accountability of those who have permanently damaged our economy

I hope that person and I are wrong.

However, we are not alone in our view. A prominent Conservative MP and Leaver, Steve Baker, voiced similar concern in his Coronavirus Bill debate speech. He believes that this could pave the way for a ‘dystopian society’:

Guido Fawkes posted a transcript of Steve Baker’s speech in full. Excerpts follow:

I will pay particular attention to amendments 1 and 6 and Government new clause 19, which relate to the expiry of these powers. When I got into politics, it was with the purpose of enlarging liberty under parliamentary democracy and the rule of law. When I look at this Pandora’s box of enlargement, discretion and extensions of power, I can only say what a dreadful, dreadful thing it is to have had to sit here in silence and nod it through because it is the right thing to do.

My goodness, between this and the Prime Minister’s announcement tonight, what have we ushered in? I am not a good enough historian to put into context the scale of the infringement of our liberties that has been implemented today through the Prime Minister’s announcement and this enormously complicated Bill, which we are enacting with only two hours to think about amendments

Let me be the first to say that tonight, through this Bill, we are implementing at least a dystopian society. Some will call it totalitarian, which is not quite fair, but it is at least dystopian. The Bill implements a command society under the imperative of saving hundreds of thousands of lives and millions of jobs, and it is worth doing.

By God, I hope the Prime Minister has a clear conscience tonight and sleeps with a good heart, because he deserves to do so. Libertarian though I may be, this is the right thing to do but, my goodness, we ought not to allow this situation to endure one moment longer than is absolutely necessary to save lives and preserve jobs.

Although I welcome new clause 19 to give us a six-month review, I urge upon my hon. and right hon. Friends and the Prime Minister the sunsetting of this Act, as it will no doubt become, at one year, because there is time to bring forward further primary legislation. If, come the late autumn, it is clear that this epidemic, this pandemic, continues—God help us if that is true, because I fear for the economy and the currencythere certainly will be time to bring forward further primary legislation and to properly scrutinise provisions to carry forward this enormous range of powers.

Every time I dip into the Bill, I find some objectionable power. There is not enough time to scrutinise the Bill, but I can glance at it—I am doing it now—and see objectionable powers. There would be time to have several days of scrutiny on a proper piece of legislation easily in time for March or April 2021.

I implore my right hon. Friend, for goodness’ sake, let us not allow this dystopia to endure one moment longer than is strictly necessary.

As I write on Wednesday, I am listening to Prime Minister’s Questions in Parliament. Boris Johnson has assured us that the provisions of the Coronavirus Bill will be reviewed at three-month intervals, rather than six months. Having listened to the Lords’ debate on the legislation, I can state that the Lords came up with the three-month review — a positive development I had not expected.

On the first Lockdown Day — Tuesday, March 24 — Health Secretary Matt Hancock said in the government’s daily update that a temporary hospital with 4,000 beds is being built. This is said to be at the Excel Centre in east London, near Canary Wharf:

His department is also seeking 250,000 voluntary workers to help with home deliveries to the 1.5 million persons receiving NHS letters this week telling them that they must stay indoors for 12 weeks. These individuals have chronic health conditions: e.g. cancer, organ transplants, certain heart conditions.

This update was also the first remote videoconference that the government has conducted from No. 10.

However, there might be good news ahead. While most Britons are at home until April 8, at least, an article in the Financial Times (paywall) says that many of us might already have acquired herd immunity. A Guido Fawkes reader on this thread kindly posted the link and a brief excerpt from the FT:

The new coronavirus may already have infected far more people in the UK than scientists had previously estimatedperhaps as much as half the populationaccording to modelling by researchers at the University of Oxford. If the results are confirmed, they imply that fewer than one in a thousand of those infected with Covid-19 become ill enough to need hospital treatment, said Sunetra Gupta, professor of theoretical epidemiology, who led the study. The vast majority develop very mild symptoms or none at all.

But the Oxford results would mean the country had already acquired substantial herd immunity through the unrecognised spread of Covid-19 over more than two months. If the findings are confirmed by testing, then the current restrictions could be removed much sooner than ministers have indicated. Although some experts have shed doubt on the strength and length of the human immune response to the virus, Prof Gupta said the emerging evidence made her confident that humanity would build up herd immunity against Covid-19.

I certainly hope so. I fully supported the Prime Minister’s original measures of regular hand washing and self-isolation.

I do hope that Professor Gupta is correct and that the Oxford herd immunity results can be confirmed so that we can live once again as a free people.

Milton Friedman once said:

Nothing is so permanent as a temporary government program.

Britain needs to be free to circulate, not stuck at home with minimal forays outdoors — or subject to historic draconian laws: a sledgehammer to crack a nut.

For my British readers, a documentary well worth watching is the BBC’s Laura Kuenssberg’s one on Brexit and Boris.

The Brexit Storm Continues: Laura Kuenssberg’s Inside Story is very well made, indeed:

Laura gives us behind the scenes footage of herself with the press corps, her BBC colleagues and, best of all, leading Conservative and Labour politicians discussing Boris’s first 100 days.

There is some amazing and interesting footage, including a few seconds of the Prime Minister’s bare shins. He wears short socks. Perhaps it is time for Carrie Symonds to buy him a few pairs of knee-length ones for televised interviews.

It is obvious that the BBC loathe Boris and it looks as if Laura is no different. They were all rather nasty to top adviser Dominic Cummings at No. 10 in preparing for an interview with Boris.

Speaking more broadly, Laura seemed to think Boris was taking foolhardy gambles with Brexit and the election. Well, we know how the election turned out. We’ll find out about Brexit in the New Year.

Contrary to the negative replies from Labour supporters to her tweet above, she is neither a Conservative nor a conservative. She’s a canny journalist doing her job, and it’s paying off. This documentary bears her name.

All of that aside, viewers will be able to see the offices of Jacob Rees-Mogg and Michael Gove as they welcome Laura for interviews. They will also be able to watch short exchanges with Steve Baker. I enjoyed the little snippet of the BBC trailing Baker and fellow MP Mark Francois after the Saturday, October 19 session in the House. As it was all a bit hard going, Baker asks Francois if he would fancy a drink. The cameras stop just before the two cross the road to repair to a pub.

I am not a BBC news fan, and I don’t trust any of their reporters or presenters, but for anyone missing politics over the holiday period, this documentary is well worth watching.

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