On 9th November 2020 the House of Lords debated and voted on the Government’s UK Internal Market Bill during its Committee stage. A cross-party group of Peers had tabled motions that all the clauses of Part 5 of the Bill, which covered Northern Ireland, international law, and executive powers, should not remain in the Bill. These successfully passed by large majorities across two votes. The Bishop of Leeds acted as a sponsor of two of those motions, and spoke in the debate on whether the clauses of Part 5 should ‘stand part’ of the Bill:
The Lord Bishop of Leeds [V]: My Lords, it is a great pleasure to follow the speech by the noble Baroness, Lady Suttie. I endorse completely the points made by the noble and learned Lord, Lord Judge, at the outset of this debate. I hope the Government will listen carefully to the advice from the noble Lord, Lord Empey, on the alternatives to what is before us. This is not an either/or situation.
I have read every word of the Second Reading and Committee debates and the reports—especially from the Constitution Committee. I have even reread Tom Bingham’s book on the rule of law. I ask myself whether I am missing something, but I still come back to the point of principle. I accept the Government’s intention in this Bill, but not the means. We were given pragmatic answers to questions of principle, particularly in the responses to the Second Reading debate. These will not work. At Second Reading, the Minister dismissed the ethical argument which I tried to set out succinctly in my speech. Yet even in today’s debate, we have heard moral language used. To speak of suspected bad faith by others is to speak of ethics. Ethics must form the basis of political principle. Objections to other countries breaching international law have to be set in moral considerations.
In the last couple of decades, during the Mugabe years, I have had a lot to do with Zimbabwe and latterly with Sudan, including meeting former President Omar al-Bashir. How can we say to people like them that the rule of law is paramount and that one’s word has to be taken in good faith?
This is an ethical and a constitutional issue. How can the Government ask Her Majesty the Queen effectively to give Royal Assent to the acceptability of breaking laws to which we have agreed? Mischievously, I suggest that we might refer to it as King John’s revenge.
There are other parts of this Bill with which I am not happy—what the noble and learned Lord, Lord Judge, referred to as Executive sovereignty trumping parliamentary sovereignty; the impact on the devolved authorities, and the concerns raised about the Northern Ireland protocol. Fundamentally, I keep coming back to the issue of ethical principle.
I will vote against the various clauses in Part 5 not standing part of the Bill. I hope that the Government will listen and look at alternatives which can carry the support of the Committee.
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