UK Parliament / Open data

Northern Ireland Protocol Bill

Debate on bills and Committee of the Whole House (HC) on Wednesday, 13 July 2022, in the House of Commons, led by Michael Ellis and Lucy Frazer. The answering member was Peter Kyle.
Committee stage (first day). Clause 1, amendment 1, debated with clauses 2-3, 15-16, further amendments and new clauses, and withdrawn. Amendment 26, negatived on division (231 to 313). Clauses 1-3 agreed to. Clause 15, amendment 8, negatived on division (230 to 308). Clauses 15-16 agreed to on division (308 to 231). New clause 10 (Condition prior to limitation of the Northern Ireland Protocol) negatived on division 229 to 300. Clause 4, amendment 24, debated with Clauses 5-6, 24, new clauses 4-5 and further amendments. Amendment 24 negatived on division (212 to 285). Clauses 4-6 and 24 agreed to. Progress reported. Committee to sit again tomorrow.

About these Parliamentary proceedings

Reference

718 cc361-449 

Session

2022-23

Legislative stage

Committee stage

Procedure

New clauses

Chamber / Committee

House of Commons chamber
Northern Ireland Protocol Bill 2022-23
Monday, 13 June 2022
Bills
House of Commons

Proceeding contributions

Robert Neill | 718 c361 (Link to this contribution)

I beg to move amendment 1, page 1, line 3, at end insert—

“(za) comes into effect only in a...

Baroness Winterton of Doncaster | 718 cc361-5 (Link to this contribution)

With this it will be convenient to discuss the following:

Amendment 26, page 1, line 3, at ...


Show all contributions (162)
Robert Neill | 718 c365 (Link to this contribution)

Amendments 1 and 2, the latter of which amends clause 26, relate to the commencement and operatio...

William Cash | 718 c365 (Link to this contribution)

My hon. Friend is referring to certain tests of a reputational character, so I would be grateful ...

Robert Neill | 718 c365 (Link to this contribution)

I will be happy to talk about the essential tests of necessity, which are well recognised and wel...

Robert Neill | 718 c366 (Link to this contribution)

I will give way to the right hon. Gentleman first.

Sammy Wilson | 718 c366 (Link to this contribution)

On the question of necessity, does the hon. Gentleman accept, first, that we have dysfunctional g...

Robert Neill | 718 c366 (Link to this contribution)

Let me return to that once I have set out the tests, because that is one issue that, with respect...

Robert Neill | 718 c366 (Link to this contribution)

Forgive me, but my hon. Friend asked me to set out the tests and I am doing so. The second test i...

Robert Neill | 718 cc366-7 (Link to this contribution)

May I set out the tests, as I was asked to?

The Government need to show that this is also t...

Robin Millar | 718 c367 (Link to this contribution)

My hon. Friend makes an interesting point about necessity, and one that has exercised my mind. Th...

Robert Neill | 718 c367 (Link to this contribution)

It does not avail us in relation to the international law test, and the difficulty with this Bill...

Andrew Murrison | 718 c367 (Link to this contribution)

I admire the elegant way in which my hon. Friend has set out the three tests. However, the Joint ...

Robert Neill | 718 c367 (Link to this contribution)

With respect, I do not think the amendment would put another hurdle in the way, because it would ...

Robert Neill | 718 c367 (Link to this contribution)

I will give way to my hon. Friend, probably for the last time.

William Cash | 718 c367 (Link to this contribution)

I think that would be fine at this stage. My hon. Friend refers to “grave and imminent peril”. Do...

Robert Neill | 718 c368 (Link to this contribution)

The difficulty that my hon. Friend has is that that is an assertion. I am not sure that, as yet, ...

Jesse Norman | 718 c368 (Link to this contribution)

My hon. Friend will recall that the right hon. Member for East Antrim (Sammy Wilson) raised the i...

Robert Neill | 718 cc368-9 (Link to this contribution)

That is, of course, the fourth limb of the five-limb tests—that an essential interest of the EU m...

Jim Shannon | 718 c369 (Link to this contribution)

I thank the hon. Gentleman for the knowledge and experience that he brings to the House, which we...

Robert Neill | 718 c369 (Link to this contribution)

I do understand that, which is why I have made it clear from the beginning that I am as much in f...

Stella Creasy | 718 c369 (Link to this contribution)

The hon. Gentleman is making a powerful speech. Of course, Henry VIII only had six wives; this Bi...

Robert Neill | 718 cc370-1 (Link to this contribution)

The hon. Lady makes a fair point. Those of us who have served as Ministers know that, frankly, al...

Baroness Winterton of Doncaster | 718 c371 (Link to this contribution)

Just a gentle reminder that quite a few hon. and right hon. Members are wishing to catch my eye. ...

Jeffrey M Donaldson | 718 cc371-2 (Link to this contribution)

It is a pleasure to follow the hon. Member for Bromley and Chislehurst (Sir Robert Neill). We hav...

Colum Eastwood | 718 c372 (Link to this contribution)

The right hon. Member has stated that the Union is at risk because of the protocol. I know that h...

Jeffrey M Donaldson | 718 c372 (Link to this contribution)

I will come to the Good Friday agreement in my remarks, but I simply say to the hon. Member that ...

Geoffrey Cox | 718 c373 (Link to this contribution)

The right hon. Gentleman knows with what affection I regard him, his party and Northern Ireland, ...

Jeffrey M Donaldson | 718 c373 (Link to this contribution)

I have great respect for the right hon. and learned Member, and I know of his affection for North...

Gavin Robinson | 718 cc373-4 (Link to this contribution)

I think my right hon. Friend responded fairly to the former Attorney General, the right hon. and ...

Jeffrey M Donaldson | 718 c374 (Link to this contribution)

I agree entirely with my hon. Friend, and that brings me to the heart of the issue for us—the thr...

Colum Eastwood | 718 c374 (Link to this contribution)

On the point about consent—we did get slightly distracted—I totally and absolutely disagree with ...

Jeffrey M Donaldson | 718 c374 (Link to this contribution)

Brexit did not change the constitutional status of Northern Ireland as part of the United Kingdom...

Sammy Wilson | 718 c374 (Link to this contribution)

Does my right hon. Friend accept that Brexit was all about the United Kingdom’s relationship with...

Jeffrey M Donaldson | 718 c375 (Link to this contribution)

My right hon. Friend makes a strong point. To be clear, the greater issue for us as Unionists is ...

Stephen Farry | 718 c375 (Link to this contribution)

I think we all agree on the principle of consent as set out in that agreement, but does the right...

Jeffrey M Donaldson | 718 cc375-7 (Link to this contribution)

The hon. Gentleman started out this journey as someone whose party advocated that the protocol sh...

Robert Neill | 718 c376 (Link to this contribution)

I respect what the right hon. Gentleman is saying. He referred to the importance of an objective ...

Jeffrey M Donaldson | 718 c376 (Link to this contribution)

Of course that is a matter for the Government, but I am all in favour of proper scrutiny of this ...

William Cash | 718 c376 (Link to this contribution)

On Second Reading, the right hon. Gentleman and I had an exchange on the democratic deficit. Ther...

Jeffrey M Donaldson | 718 c378 (Link to this contribution)

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

Jeffrey M Donaldson | 718 c378 (Link to this contribution)

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

Stella Creasy | 718 c378 (Link to this contribution)

The right hon. Gentleman is talking about businesses and consumers who have been affected. Earlie...

Jeffrey M Donaldson | 718 cc378-9 (Link to this contribution)

I am many things, but I am not a prophet, so I cannot say with certainty that this will happen or...

Philippa Whitford | 718 c379 (Link to this contribution)

Obviously the loss of input in being at the top table is a feature of Brexit. It is a feature of ...

Jeffrey M Donaldson | 718 c379 (Link to this contribution)

We are not Norway; we are Northern Ireland. Northern Ireland is not in the single market, and let...

Michael Ellis | 718 cc379-381 (Link to this contribution)

I begin by thanking Members across the Chamber for their participation on Second Reading. I want ...

Michael Ellis | 718 c381 (Link to this contribution)

I will give way in due course, if I may, because I will come on to the specific amendments, and i...

Robert Neill | 718 c381 (Link to this contribution)

I understand what my right hon. and learned Friend is saying, and I am grateful to him. However, ...

Michael Ellis | 718 c382 (Link to this contribution)

I am grateful to my hon. Friend for his intervention. “Urgent” does not necessarily mean “immedia...

Michael Ellis | 718 c382 (Link to this contribution)

If I may, I will make some progress. The amendment is well-intentioned, but I hope the Committee ...

Jesse Norman | 718 c382 (Link to this contribution)

Further to the point made by my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Ne...

Michael Ellis | 718 c382 (Link to this contribution)

My right hon. Friend is conflating two issues. I will come to necessity in due course.

My h...

Julian Smith | 718 c382 (Link to this contribution)

On durable solutions, does my right hon. Friend agree that the only durable solution is for the E...

Michael Ellis | 718 cc382-3 (Link to this contribution)

Of course, it takes two sides to discuss such matters and come to a solution. I think it has been...

Michael Ellis | 718 c383 (Link to this contribution)

I will because it is the hon. Lady’s amendment.

Layla Moran | 718 c383 (Link to this contribution)

The Minister is arguing that future litigation is why we cannot see the full legal advice, but it...

Michael Ellis | 718 cc383-4 (Link to this contribution)

It is long-standing convention for very good reason that legal advice is not published in full. W...

Hilary Benn | 718 c384 (Link to this contribution)

The right hon. and learned Gentleman referred earlier to the three bits of the protocol that the ...

Michael Ellis | 718 c384 (Link to this contribution)

I hope to come to the right hon. Member’s point more specifically in due course, if he will bear ...

Michael Ellis | 718 c384 (Link to this contribution)

I will not give way.

The European Union is not willing to entertain the changes that are ne...

Michael Ellis | 718 cc384-5 (Link to this contribution)

I am not giving way, as I have indicated. I will give way in due course.

It has long been t...

Michael Ellis | 718 c385 (Link to this contribution)

I am very conscious of the time and the number of amendments I have to get through, but I will gi...

Julian Smith | 718 c385 (Link to this contribution)

Just on a point of clarification for the Committee, if the Northern Ireland Assembly is not up an...

Michael Ellis | 718 cc385-6 (Link to this contribution)

I thank my right hon. Friend for making that point.

With your permission, Dame Eleanor, I w...

Stephen Farry | 718 c386 (Link to this contribution)

The Minister has mentioned the word “logic” on several occasions and linked the necessity of the ...

Michael Ellis | 718 c386 (Link to this contribution)

I will come on to the hon. Gentleman’s question—forgive me; I was distracted. Would he reiterate ...

Stephen Farry | 718 c386 (Link to this contribution)

I will happily do so. I am talking about a situation in which the Government have linked the pass...

Michael Ellis | 718 c386 (Link to this contribution)

My understanding is that Sinn Féin is willing to go back in and has not set preconditions. That i...

Michael Ellis | 718 cc386-7 (Link to this contribution)

Forgive me, but may I move on to the issue of necessity, since a number of Members have mentioned...

William Cash | 718 c387 (Link to this contribution)

I am listening with great interest to the series of amendments that my right hon. and learned Fri...

Michael Ellis | 718 cc387-8 (Link to this contribution)

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

Stella Creasy | 718 c388 (Link to this contribution)

The Minister has said that my amendments are not necessary. That is very welcome, because new cla...

Michael Ellis | 718 cc388-9 (Link to this contribution)

I commend to the hon. Lady the legal memorandum that was published by the Government. It is, I th...

John Redwood | 718 c389 (Link to this contribution)

Has the Minister ever heard the Opposition point out that the EU is breaking the protocol by dive...

Michael Ellis | 718 cc389-390 (Link to this contribution)

My right hon. Friend makes an excellent point, as usual. I have to say that I have never heard th...

Baroness Laing of Elderslie | 718 c390 (Link to this contribution)

Order. Before the Minister comes to his next point, I draw to his attention that a great many peo...

Michael Ellis | 718 cc390-1 (Link to this contribution)

I am in full agreement with you, Dame Eleanor, and I am coming rapidly to a conclusion with my po...

Peter Kyle | 718 cc391-2 (Link to this contribution)

I am grateful that you are in the Chair today, Dame Eleanor, and that I have the opportunity to s...

William Cash | 718 c392 (Link to this contribution)

Can the hon. Gentleman explain how it is right for the voters of Northern Ireland to be subjugate...

Peter Kyle | 718 c392 (Link to this contribution)

The question that the hon. Gentleman is asking is three years too late. It should have been asked...

Ian Jnr Paisley | 718 c392 (Link to this contribution)

I am appealing to the hon. Member. He can use this opportunity to stand here and slag off the Gov...

Peter Kyle | 718 c392 (Link to this contribution)

I certainly do support the new clauses and the amendments that I am putting forward, which I beli...

John Redwood | 718 c393 (Link to this contribution)

Will the hon. Gentleman give way?

Peter Kyle | 718 c393 (Link to this contribution)

I certainly will not be giving way to someone who did not show the courtesy to be here for the wh...

Peter Kyle | 718 c393 (Link to this contribution)

No, I will not give way. If the right hon. Gentleman were really committed to this issue, he woul...

Peter Kyle | 718 c393 (Link to this contribution)

I will give way, but then I will make some progress, because I am very keen to hear from other Me...

Philippa Whitford | 718 c393 (Link to this contribution)

Is not the problem with this Bill that it will not give voice to people in Northern Ireland or th...

Peter Kyle | 718 c393 (Link to this contribution)

As we have seen throughout the Government’s response to the challenges of Brexit, they have repat...

Sammy Wilson | 718 c393 (Link to this contribution)

Will the hon. Gentleman give way?

Peter Kyle | 718 cc393-4 (Link to this contribution)

I will make some progress, because I know that many of the Members who are now seeking to interve...

Karin Smyth | 718 c394 (Link to this contribution)

My hon. Friend is making some excellent points. I want to refer him back to the point made by the...

Peter Kyle | 718 c395 (Link to this contribution)

I am grateful to my hon. Friend for her thoughtful contribution; I know that she cares deeply abo...

William Cash | 718 c395 (Link to this contribution)

Will the hon. Gentleman give way?

Peter Kyle | 718 cc395-7 (Link to this contribution)

No, I have given way once. The hon. Gentleman is seeking to catch the Deputy Speaker’s eye, and I...

Geoffrey Cox | 718 c396 (Link to this contribution)

How would the hon. Gentleman propose to negotiate to permit the voters of Northern Ireland to hav...

Peter Kyle | 718 c396 (Link to this contribution)

It was a Labour Government who delivered the framework for the Good Friday agreement in the first...

Sammy Wilson | 718 c396 (Link to this contribution)

Does the shadow Secretary of State accept that if the Prime Minister had set up residence in Nort...

Peter Kyle | 718 c398 (Link to this contribution)

I suggest that had the Prime Minister gone to live in Northern Ireland and gone to camp out there...

Peter Kyle | 718 c398 (Link to this contribution)

I am going to finish now, so that we can hear directly from Conservative Members. We have always ...

Baroness Laing of Elderslie | 718 c398 (Link to this contribution)

Order. We had three hours for this debate. The first four speeches have taken more than two hours...

Geoffrey Cox | 718 cc398-9 (Link to this contribution)

I will be quick. I have listened with fascination to the contributions and speeches made this aft...

Geoffrey Cox | 718 cc399-400 (Link to this contribution)

No, I will not give way. Too many need to speak.

It is no light matter for this House to ta...

Peter Kyle | 718 c400 (Link to this contribution)

New Zealand has been able to negotiate quite diligently and swiftly a veterinary agreement with t...

Baroness Laing of Elderslie | 718 c400 (Link to this contribution)

Order. Before the right hon. and learned Gentleman answers the question, I must say that his rhet...

Geoffrey Cox | 718 c401 (Link to this contribution)

Dame Eleanor, you rebuke me entirely justly. Let me see if I can answer the question. Yes, of cou...

Geoffrey Cox | 718 c401 (Link to this contribution)

I do not know, but it is no use the hon. Gentleman’s using the tactic of deflection to try to put...

Richard Thomson | 718 cc401-2 (Link to this contribution)

I take this opportunity to welcome the new Secretary of State to his place; I look forward to wor...

Philippa Whitford | 718 c402 (Link to this contribution)

Is my hon. Friend not concerned that, if this Bill were successful and therefore both the Europea...

Richard Thomson | 718 c402 (Link to this contribution)

Yes, I think untold additional harms could befall Northern Ireland—and not just Northern Ireland,...

William Cash | 718 cc402-3 (Link to this contribution)

Section 38 of the European Union (Withdrawal Agreement) Act 2020 includes the word “notwithstandi...

Claire Hanna | 718 cc403-5 (Link to this contribution)

I rise to speak to the amendments tabled in my name and that of my hon. Friend the Member for Foy...

Jesse Norman | 718 cc405-6 (Link to this contribution)

It has been a splendid debate, and it is my happy privilege to stand as the thorn between two leg...

Layla Moran | 718 cc406-7 (Link to this contribution)

It is a pleasure to follow the right hon. Member for Hereford and South Herefordshire (Jesse Norm...

Stella Creasy | 718 cc407-9 (Link to this contribution)

We are now nearly three hours into the debate and we have not named what the actual problem is. T...

Ian Jnr Paisley | 718 cc409-410 (Link to this contribution)

Why is the Bill necessary? That is what the Committee has just been asked. That is the question. ...

Hilary Benn | 718 cc410-1 (Link to this contribution)

We clearly have a problem, the absence of the Assembly and the Executive, and the cause is the op...

Carla Lockhart | 718 cc411-2 (Link to this contribution)

Today in my constituency, more than 100,000 people will gather in the small, rural village of Sca...

Jim Shannon | 718 cc412-3 (Link to this contribution)

Thank you, Dame Eleanor, for the opportunity to speak for all of a minute or thereabouts.

T...

Robert Neill | 718 c413 (Link to this contribution)

This has been a most useful debate. I will not press my amendment 1 to a vote tonight, because am...

Stephen Farry | 718 c426 (Link to this contribution)

I beg to move amendment 24, page 3, line 3, leave out subsections (1) to (3).

This amendmen...

Baroness Winterton of Doncaster | 718 cc426-431 (Link to this contribution)

With this it will be convenient to discuss the following:

Clause stand part.

Amendmen...

Stephen Farry | 718 cc432-3 (Link to this contribution)

Amendment 24 would remove from clause 4 the measures that strip out the heart of the protocol, na...

Tony Lloyd | 718 c433 (Link to this contribution)

On the veterinary agreement, an EU that has negotiated—in good faith, one assumes—with New Zealan...

Stephen Farry | 718 c433 (Link to this contribution)

Absolutely. I very much agree with the hon. Gentleman. He has been a strong advocate for a common...

Hilary Benn | 718 c434 (Link to this contribution)

I agree with the hon. Gentleman completely about the need for a veterinary agreement. Is one adva...

Stephen Farry | 718 cc434-5 (Link to this contribution)

I very much agree with the right hon. Gentleman. Our first preference in all these matters should...

Nigel Mills | 718 cc435-7 (Link to this contribution)

It is a pleasure to speak in this debate, Madam Deputy Speaker, and to follow the hon. Member for...

Baroness Winterton of Doncaster | 718 c437 (Link to this contribution)

I call the shadow Secretary of State.

6.30 pm

Peter Kyle | 718 cc437-8 (Link to this contribution)

I am grateful to be called, Dame Rosie. We are examining clauses 4 to 6 and 24. It is hard to app...

Richard Thomson | 718 cc439-440 (Link to this contribution)

I rise to speak to amendments 15 to 18 and new clause 5. I will just have a quick canter through ...

Sammy Wilson | 718 cc440-1 (Link to this contribution)

The DUP has not tabled any amendments to the Bill. We do have some reservations, especially about...

Gregory Campbell | 718 c441 (Link to this contribution)

My right hon. Friend is talking about misinterpretations of the protocol. There are those who rep...

Sammy Wilson | 718 cc441-3 (Link to this contribution)

That is the whole point, of course, which is one of the reasons why the border is placed down the...

Jim Shannon | 718 cc442-5 (Link to this contribution)

It is a pleasure to follow my right hon. Friend the Member for East Antrim (Sammy Wilson) and to ...

Colum Eastwood | 718 c445 (Link to this contribution)

Maybe I misheard the hon. Gentleman, but I think he referred to Congressman Richie Neal, who chai...

Jim Shannon | 718 c445 (Link to this contribution)

If I had known the hon. Gentleman was going to say that, I would not have let him intervene. I ne...

Nigel Evans | 718 c445 (Link to this contribution)

Order. Could we please just focus on the amendments? We do not want a wider debate.

Jim Shannon | 718 cc445-6 (Link to this contribution)

The debate was not widened by me; it was widened by somebody else.

Let me be clear: I voted...

Lucy Frazer | 718 cc446-7 (Link to this contribution)

I wish to begin by thanking all Members who took part in the debate on Second Reading as well as ...

Hilary Benn | 718 c447 (Link to this contribution)

In respect of supermarket deliveries to Northern Ireland, it is really dead simple: those superma...

Lucy Frazer | 718 cc447-450 (Link to this contribution)

Obviously, this is a matter that the Government have been considering very carefully. There are g...

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