Hilary Benn
MP for Leeds South · Labour · United Kingdom
“As the right hon. Gentleman knows, the Irish Government published on 8 June their legislative outline, entitled “The General Scheme of the Legacy of the Troubles Bill 2026”. That is intended to fulfil the commitment that the Irish Government gave in the joint framework to co-operate to the fullest extent possible with the commission.”
“Northern Ireland is a society, as the hon. Gentleman knows better than most, that has been undergoing profound change since the signing of the Good Friday agreement 28 years ago. As the famous lines go, we have a shared history, but not necessarily a shared memory.”
“The right hon. Gentleman raises a really important point, and I am grateful to him for his question. We all have a responsibility—political leaders have a responsibility to call out what was witnessed for what it is and not mince our words, and as I have already indicated, social media companies have a responsibility to ensure that such m…”
“I hope the hon. Lady will recognise that the common travel area, which is more than a century old, is of great benefit to the citizens of the United Kingdom and the Republic of Ireland. Many people in Northern Ireland live their lives across that border every single day.”
“I do agree with my hon. Friend. The attack on Mr Ogilvie was truly shocking, and there was no justification whatsoever for the racist thuggery we witnessed on the streets of Belfast in the days following.”
“That was, of course, an awful feature of what we saw. One of the things I learned in my discussions was that those from the far right had taken a list of houses in multiple occupation in Belfast—a list that, in the interests of openness, was properly available on the Belfast city council website; the council has now taken it down—and used…”
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“Last February, a constituent of mine, a young man, was attacked in the street by a man wielding a machete. There have been a number of further incidents since then, including last month on the streets of Leeds, where video shows two gangs squaring up to each other and holding these weapons. Why on earth is it still legal for anyone over the age of 18 to go into a shop and buy a machete?”
“Following the International Atomic Energy Agency visit to the Zaporizhzhia nuclear plant, Mr Rafael Grossi, the agency’s head, spoke out very strongly about the risks to the integrity and safety of the plant from the fighting that is taking place around it. We understand that the report will be out in a week or so, but what is the Government’s plan—indeed, what is the international community’s plan—to take forward the report’s recommendations? Does the Secretary of State think that the Russians understand the risks that are being taken with the safety of the plant through what has been going on, or does he feel that they do not care?”
“Brexit undoubtably casts a heavy shadow over this debate. The point raised by the right hon. Members for Chipping Barnet (Theresa Villiers) and for Lagan Valley (Sir Jeffrey M. Donaldson) on the democratic deficit is fairly made, although almost all the laws under which Northern Ireland is currently operating apply in the United Kingdom because of retained EU law. We must not get this entirely out of perspective because the Government chose, at the moment of withdrawal, to take EU law, move it across and stick it into UK legislation.”
“Finally, given what I have said about the inappropriate use of the word “appropriate” in the Bill, I support the Opposition amendments, including new clauses 11 and 12, which would change the word “appropriate” to “necessary”. It seems to me that that would provide a better and a higher test for the exercise of ministerial discretion rather than the wide latitude allowed for in the Bill, which has rightly led to so much criticism from so many quarters.”
“To be frank, I tabled it as a probing amendment because I was trying to understand the Government’s intention in allowing courts or tribunals in the UK to refer matters to the European Court. There is a bit of a contradiction between clause 20(2), which would prevent any UK court from referring a matter to the European Court, and clause 20(4), which would allow the Government to lay down in regulations a procedure under which courts could refer matters of interpretation of EU law to the European Court. To put it simply, if the Government are planning regulations to allow referrals—if they are not planning that, why does subsection (4) exist—why take a blanket power two subsections earlier to prevent any referrals whatever. The thinking does not seem clear.”
“Why would Ministers want to take such a power if they are confident that they have already worked out how a dual regulatory system will work? I do not think they are confident, because they do not know the answer. That is why so many of these Henry VIII powers are dotted throughout the Bill to give the Government the cover they require. For me that goes to the heart of why clause 18(1) is so objectionable and why it has been more widely criticised—apart from the Bill itself—than any other clause: the Government are trying to give themselves a sweeping power and a sweeping-up power. That is why this provision should be removed. Let me turn briefly to my amendment 13.”
“To take the example of the dual regulatory regime, when pressed on whether firms would be required to choose whether to follow EU or UK rules, the Minister said yesterday: “clause 7 makes it clear that businesses will have a choice which regulatory route to follow when supplying goods to the market in Northern Ireland.” However, later he said that clause 11 would “allow a Minister to prescribe a single regulatory route for specific sectors, including a UK-only route with no application of EU law” —[ Official Report , 19 July 2022; Vol. 718, c. 877-79.] In other words, businesses will be absolutely free to choose which system they want to use, unless and until the Government tell them which one they must use. There is a confusion and a contradiction here.”
“The fundamental problem, which has become evident over the last two days in Committee, is that, in fairness, Ministers are not entirely clear how some of their proposals—for example, a red customs lane and a green customs lane, or the dual regulatory regime, which we discussed at some length yesterday—will work in practice.”
“If he has a list of things in mind, will he please amend the Bill and put them in one by one so that we can see what they are? Secondly, will he give a categorical assurance that this provision will not permit legally binding obligations to be made as a result of that conduct? I raise that issue because the Government have not included clause 18(1) in the Bill’s delegated powers memorandum, which is quite a significant point. The clause is also indicative of the Government’s wider ambitions for, and the problems they are having with, the Bill. What they really want to do—the Minister has been absolutely open about this, to his great credit—is give themselves the power to do whatever they want in relation to the protocol. They want to be able to turn things on, turn them off and even turn them back on again whenever they feel like it.”
“The Hansard Society, in its excellent note, makes it clear that that is not a narrow, obscure point. It is about ensuring that relevant legal provisions are drafted and treated consistently with other legislation. That is why the Hansard Society says: “It also ensures that law-making does not circumvent the publication requirements that accompany, and the parliamentary scrutiny that is afforded to, primary and delegated legislation.” In this case, the Government have given no explanation of why they believe that the powers are needed—apart from in relation to guidance and instructing civil servants, as we have just heard from the Minister—or why they believe that the powers are administrative rather than legislative. We need to hear from the Minister in his further contribution precisely what conduct is covered by cause 18(1).”
“The only example given in the explanatory notes is guidance. If the Government’s aim is to have a power to issue guidance on matters that they have not thought of in the rest of the Bill or might think of at some point in the future, why does the clause not say, “The Minister will have the power to issue guidance”? It does not say that. The other example the Minister gave left me even more perplexed. He said that this was to enable Ministers to issue instructions to civil servants. I was a Minister for nine years and I am not aware that I had to refer to a bit of legislation to give instructions to civil servants. I find the explanation wholly incredible, so it begs the question, and ought to beg the question for the Committee, whether one supports the principle of the Bill or not: what are the Government actually seeking to do?”
“Clause 18 appears to allow all these things to be done, without any parliamentary procedure and in a way that is binding on the general public.” So the question the Committee reasonably ask of the Minister is: what is this power and what do Ministers want it for? If I heard the Minister correctly, he said that the clause was there merely to ensure that Ministers acted lawfully. What is this “conduct”? I ask because “engage in conduct” is, as the very helpful House of Commons Library note says, “an unusual form of words for a statutory power.” If we turn to the Bill’s explanatory notes for some enlightenment, we see that they state that clause 18(1) authorises “sub-legislative activity”. I have been in the House for a few years and I have never come across the concept of “sub-legislative activity”, whatever that is.”
“The Hansard Society has criticised the clause as not being subject to any parliamentary scrutiny whatsoever, a criticism also made by the House of Lords Delegated Powers and Regulatory Reform Committee, which said: “There is no definition of ‘conduct’ in the Bill itself. And there is nothing on the face of clause 18 that would prevent it from creating legally binding rules of general application.” The Committee has previously criticised what it calls “disguised legislation,” by which it means “instruments that are legislative in effect but often not subject to parliamentary oversight. Examples include guidance, determinations, arrangements, codes of practice and public notices.”
“Basically, that is asking the House to legislate to give Ministers a power to do whatever they feel like, provided, in their opinion, that they think it is appropriate. We should listen to what Sir Jonathan Jones, the former Treasury Solicitor has had to say. As my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty), who is on our Front Bench, mentioned, Sir Jonathan described this power as “extraordinary” and said it is a “do whatever you like” power, and no wonder. He also said in the article he wrote that the United Kingdom Internal Market Bill, which led to his resignation, was bad enough, but this Bill is of a “wholly different order”.”
“For the rest, particularly those goods that come to supermarkets and businesses in Northern Ireland that are not going anywhere else, a completely different solution could be required, although the Government are going to have a job on their hands to differentiate between the two. I wish to speak in support of my amendment 12, which I hope might be voted on later, my amendment 13 and other amendments. I said last week that the Bill as a whole was egregious, but clause 18(1), to which amendment 12 refers, is particularly so, because it states: “A Minister of the Crown may engage in conduct in relation to any matter dealt with in the Northern Ireland Protocol…if the Minister of the Crown considers it appropriate”.”
“] The Minister for the Cabinet Office raises his eyebrows, but we have now been in the grace period for 18 months. I believe there is a problem with the checks that needs to be sorted out, as I have said on the record many times. In my conversations with European colleagues, I have asked them to give me one example of how the integrity, safety and security of the single market has been compromised during the grace period. I have yet to receive an answer that a problem has actually arisen. The longer that goes on—perhaps that would have been the better approach for the Government—the more difficult it becomes for the EU to argue, “There is a fundamental difficulty here, which is why we need the whole panoply”. In the end, we are going to have to identify where the real risks are, and it is a relatively limited number of products.”
“The right hon. Gentleman makes a fair point, and I understand it entirely. I am talking about the situation as it is today. We should, therefore, be calm and reasonable in describing it. Let us not forget that Northern Ireland is in a unique and favourable position compared with my constituents, precisely because it has access to both the market of the United Kingdom and the market of the European Union, which is why the polling indicates that businesses in Northern Ireland are very much in favour of having this privileged access, which other parts of the United Kingdom would greatly like. The right hon. Member for Chipping Barnet correctly made a point about the grace period. I do not understand why the Government did not just continue negotiating within the grace period. [ Interruption.”
“The hon. Gentleman is making an interesting and important speech. In clause 20(4), the Government propose to allow cases to be referred to the European Court; they say they want the European Court to have nothing to do with any of this but are then taking a power to allow referrals. Does he, like me, think that that is because businesses in Northern Ireland that choose to operate under the dual regulatory system under EU rules may themselves, in the circumstances he has just described, want to go to the Court to demonstrate that they are abiding by the rules, and therefore ensure that the Republic or any other EU country cannot say, “We are not taking your goods”? That is in the interests of business in Northern Ireland, is it not?”
“There is a problem with the operation of the Northern Ireland protocol and it needs to be sorted out, but this Bill is not the way to do it. Indeed, it will end up making matters worse, because it has damaged trust—the very thing that is required to solve the problem. That is why I will not be voting for the Bill tonight.”
“The Government made a promise to the House that there would be a debate, and the Government have broken that promise. That sets a very bad precedent, precisely because this is the first trade deal that was not rolling over a deal we had previously. Although the Minister has rejected a debate for the scrutiny of this agreement, can he give the House a commitment today that for any subsequent trade deals, there will be a debate on the Floor of the House?”
“It is on the point that the Minister just raised. If I heard him correctly, he just said that the Government were taking a power to prescribe which regulatory route should be chosen. Earlier, he said that it would be entirely a matter for businesses to determine which they chose. Just so the House is clear, the Minister is saying that it is a free choice unless the Government decide that it is not a free choice.”
“The dual regulatory regime raises more questions than it answers. If I understand the Government’s position correctly, a firm can decide to operate under one regime or the other. Say, for the sake of argument, that UK regulation banned a particular ingredient for a food product, but it was not banned by the EU. Is it my hon. Friend’s understanding of the Government’s proposals that it would be legal for a firm in Northern Ireland to sell that product with the banned ingredient in the rest of the UK, so long as the company claimed it was operating under EU rules?”
“I am very grateful to my hon. Friend for giving way; he is being most generous. The argument has been put by the Minister and others in the Chamber that businesses in Northern Ireland would be entirely free to choose whether they use one regulatory system or the other, but according to the explanatory notes, clause 11 “allows a Minister to prescribe whether the dual regime should no longer apply to a specific class of regulated goods. It also provides a power for a Minister of the Crown to modify the different regulatory routes available in Northern Ireland.” In other words, the Government are taking for themselves the power to turn off the choice that they advocated that businesses should have, as an argument for voting for the proposals.”
“Last year’s advice report by the Adaptation Committee stated that “the gap between the level of risk we face and the level of adaptation underway has widened. Adaptation action has failed to keep pace with the worsening reality of climate risk.” Why has that happened? The Government have been in office for 12 years.”
“We can look at the marine conservation zones, which were created thanks to the Marine and Coastal Access Act 2009.”
“We can look at the creation of the national parks: that extraordinary bit of legislation from the post-war Labour Government came out of a time of great conflict, economic crisis, debt and so on, with the support of politicians right across the House who were legislating to preserve beauty for posterity. We can look at the size and commitment of the wildlife trusts. They have about 870,000 members, look after 2,300 nature reserves and provide some of the connections that my right hon. Friend the Member for Islington North (Jeremy Corbyn), who spoke so well, was talking about. Bits can be looked after, but the connection between them will help us truly to restore nature, which is why, towards the end of my time as the Environment Secretary, I asked Sir John Lawton to produce a report precisely on how those connections can better be made.”
“Let us imagine that some clod-hopping human being millions of years ago had walked through the forest and decided to pull up to examine the only artemisia sapling and the only prunus africana sapling on the planet—think what we would have lost. That is why there is such a strong argument for looking after both what we have and know about and the plants that surround us of which we have not yet discovered the properties. Despite the gravity of the crisis in biodiversity, it is important to try to address the task with optimism, because in the end, making ourselves depressed about the scale of the challenge is not, in my experience, a great motivator for action. We know that we can make progress.”
“We went into a lab and there was a range of plants on a bench. I went along, asking “What’s this? What’s this?” One was a small artemisia sapling and another rather odd-looking bit of bark apparently came from the prunus africana tree. I happened to know, because of my job, that artemisia is essential to making combination anti-malarial drugs more effective. I learned that pygeum—I do not know if I have pronounced that correctly—from the bark of the prunus africana tree has properties that help to treat prostate cancer. We stood there discussing malaria, which is predominantly a disease of the poorer world, and prostate cancer, which has been a disease predominantly of the better off world, although that is beginning to change. We rely on both those plants to treat those diseases.”
“We should applaud the work of Pavan Sukhdev—I had the privilege to meet him when I was the Environment Secretary—and Sir Partha Dasgupta, who have taught us about the economic value of biodiversity, if we wish to measure it in that way, just as Nick Stern told us about the far greater cost of not dealing with dangerous climate change, as opposed to the far lower cost of dealing with it, saying, “You make the choice.” As we know, the natural world provides us with the very essentials of life: clean air and water, and food and fuel. It regulates our climate and helps to deal with pollution. It stems floodwaters and produces medicines. It is the very foundation of our economic and social wellbeing. A few years ago, I had the honour and privilege to visit the World Agroforestry Centre in Nairobi.”
“What is really needed, however, is to improve water quality and to encourage farmers to restore and protect healthy waterways—in other words, places and rivers where water voles can thrive. The heart of the problem we must address—colleagues touched on this in their contributions—is that we as humankind have been making use of the earth’s gifts, those on the land and those beneath the seas that surround us, as if there was no consequence and no end to nature’s bounty. That is what we have been doing and the pace at which we have done that has accelerated enormously in the last century or so. Just as with the climate crisis, we know now that that is not true: there is a limit and we have to start taking proper care, because we rely on the natural world and biodiversity for our very existence, including our economic welfare.”
“That is an extremely grand title, especially when it is held by someone who, despite his best efforts, has yet to see a water vole in the wild. I did once hear the characteristic plop sound that water voles make—I know Ratty well from reading “The Wind in the Willows” to my grandchildren—when they come out of their mud tunnels in the riverbank and drop into the water. Perhaps it is very hard to see them for the very simple reason that since the end of the 1990s, a nationwide survey showed that water voles had disappeared from 90% of the sites where they were found a decade before—90%! There has been a further decline in the decade thereafter. In the case of water voles, one particular problem is predation by mink, who need to be controlled.”
“I congratulate the hon. Member for Brighton, Pavilion (Caroline Lucas) on securing the debate and on making such a terrific speech. As she said, the forthcoming COP matters enormously for all the reasons she set out. We need targets so we can measure progress—that is the great benefit of them—and we need funding to help make that progress. We need every country that makes a commitment to have a plan back home to deliver it. We need progress to be measured and above all we need leadership. We need leadership internationally, leadership domestically in communities and leadership by us as individuals. The decline in biodiversity and the loss of species across the world is well documented, but sadly not well known enough. I should declare my interest, as one or two other Members have, as the water vole species champion.”
“They can host a very wide range of marine species once nature has had a chance to recover. My final point is about the contribution that nature makes to our health and wellbeing.”
“People would be outraged and appalled, but that is what we have been doing on the surface of the seabed for a long time and no one sees it happening. It is about bearing witness to what is going on. The right hon. Member for Epsom and Ewell (Chris Grayling), who is not in his place, talked about the deforestation of the Amazon. The thing about technology is that, with satellites, we can see how the rainforest is reducing over time. It is really important that we use all those means to bear witness to what is taking place in order to motivate change. We find the recovery of nature in some surprising places. There has been a lot of debate about the impact of wind farms on birds, but research has shown that, in effect, wind farms act as artificial reefs.”
“The North sea was originally covered abundantly in oyster beds, coarse peat banks and rock deposited by glaciers, and it was home to a rich community of marine species. A lot of that was sadly destroyed by bottom-trawl fisheries over the past century and it is now a relatively poor community of species. Let me say a word on bottom trawling. It is an incredibly destructive practice, but it is unseen because it takes place beneath the waves. To make a slightly absurd analogy, let us imagine that to collect apples, someone decided to drag a net across the countryside taking with it all the hedges, tree saplings, bird nests and the trees on which the apples hang just for the purpose of collecting the apples in the process.”
“I was not aware of that—I am now—and what a great idea for countries to work together in that way. When we were taking the Bill that became the 2009 Act through Parliament, I was really quite surprised to discover how little we appeared to know about what was on the seabed surrounding these islands. Some very intrepid divers, some of whom I met, went down and took photographs. If the photos were shown to me or to anybody else and the question was asked, “Where was that picture taken?”, most people would say, “Is that the Great Barrier Reef?” No—it was under the murky waters of the North sea. One thing we know about nature is that although we have been destroying it at a rate of knots, if we give it the chance, it can recover with astonishing speed.”
“There was an extraordinary experiment in which people were asked to put a bit of sticky plastic on their number plate, drive around and count how many insects were caught. That showed that there has been a catastrophic decline.”
“Every time I walk on that piece of land, I feel the same sense of anticipation about what has changed, what has grown and what is different. Why do we feel like this? Because nature is part of our very soul. It is about who we are and where we come from. Think of how we encounter it—looking out of the window of a train as it rushes through the countryside, seeing the first crocus of spring, encountering the wonders and glories of the Yorkshire dales, seeing a view of Ditchling Beacon or a view of Scafell Pike from Great Moss, or hearing the buzz of a bee at the height of summer. We do not hear that buzz as much as we used to, or see as many moths. I remember when moths were really common in the summer. When did I last see one?”
“Apart from telling me, “You must mention the water voles,”—I have now duly done so, and I hope that she has noticed—she said, “Tell them about our oak trees.” For the past 30 years or so, we have been planting oak trees from seed, along with ash and silver birch trees. “Nature reserve” would be a very grand title for the eight acres of former farmland in Essex that my mother set aside, where nature has been left to do its work. The tallest oak tree is probably about 20 or 25 feet now. Over the years, the trees that we have planted—the trees that nature has brought—have brought with them cuckoos, owls, adders, foxes, muntjac deer, the odd badger and white campion, as well as loads of brambles that I attempt to do battle with whenever I can.”
“Yes, I do. There was cross-party support in the House of Commons for the Marine and Coastal Access Act 2009 and the creation of marine conservation zones. We basically have a planning framework; we have had one on land for a long time, but we did not have one for the sea at all. We are now confronted with a choice about what we permit. The ability to understand the consequences of what is happening beneath the waves is important. We now have the means to do something about it, but we cannot just say “We’ve got the designation —job done,” and move on to something else. That is not sufficient at all. Yesterday, my wife and I were discussing what I might talk about in this speech.”
“I agree completely. There are one or two insects in the north of Scotland—midges in particular—that can cause a certain amount of distress, but just think of the glory of the Scottish countryside and the mountains. Who does not feel a sense of awe and wonder as they contemplate the astonishing biodiversity and landscape that our small islands reveal unto us?”
“That makes us realise the inter- connection between our choices as human beings and the consequences of not paying sufficient attention to nature. I would argue that to be disconnected from nature is to be disconnected from the Earth itself, so it is not just self-preservation that should urge us to confront the threat of climate change and biodiversity loss, which are absolutely connected, but our love for the soil from which we all came and to which one day we will all return—but not just yet.”
“I agree completely. There should be no limit to the number of trees that we can plant. We can each play our part if we have the opportunity. As MPs, because of the nature of our job, we probably get invited to plant the odd tree in our constituencies. The point that the right hon. Member for Islington North made about front gardens is really important. One of the things we did after the floods of 2007 was to change the planning rules. People cannot hard pave over their front gardens any more unless they use permeable paving, because if we pave, tarmac and concrete over all the land in a town or city and huge quantities of rain fall out of the sky, of course the water is going to flood into people’s homes.”
“Further to the question about strokes, as we know, every minute counts. The Minister just told the House that in not every case is the ambulance response meeting the 18-minute time that she said is the target. Given that, what advice would she give to members of the public who think that a loved one has had a stroke? Should they ring 999 and hope that the ambulance will turn up within the 18 minutes? If not, should they put the person in a car or taxi and take them to A&E? When they arrive at A&E and say, “I think my loved one has had a stroke”, what confidence might they have that they will be seen quickly, given that time is of the essence?”
“The right hon. and learned Gentleman referred earlier to the three bits of the protocol that the Bill specifically prevents from being excluded—namely, rights of individuals, the common travel area and other north-south co-operation—which he described as particularly sensitive. Could he explain to the Committee why he does not regard article 18 of the Northern Ireland protocol, which relates to democratic consent in Northern Ireland, as equally sensitive? Why is that not covered by the exclusion? As I read the Bill, the Government could, if they wanted to, change article 18. Is that correct?”
“I think that it is beyond repair, as has been said, but that does not mean that we should not vote for things that will make it slightly less egregious. That is why I support the amendments tabled by the hon. Member for Bromley and Chislehurst (Sir Robert Neill) and new clause 10, which was advocated for so ably by my hon. Friend the Member for Hove (Peter Kyle), who speaks for the Opposition on Northern Ireland matters.”
“With no irony, one of the purposes—I could not believe it when I read it—is: “securing compliance with, or giving effect to, any international obligation or agreement to which the United Kingdom is a party”. The Government have tried to be virtuous in writing that in, but they then say that there is one exception to that, which is the EU withdrawal agreement and the protocol. On article 18 of the withdrawal agreement itself, I note the commitment the Minister gave from the Dispatch Box. I urge him, for the avoidance of all doubt, to write that into the three specific exceptions. He has done it for the rights of citizens and the other two, and I advise the Government to put it in there for the avoidance of all doubt. Along with many Members, I voted against the Bill on Second Reading.”
“Clause 15, which has been part of this debate, contains, in the words of the seventh report of the House of Lords Delegated Powers and Regulated Reform Committee “a power of the sort we rarely see—a power that in essence allows Ministers to rip up and rewrite an Act of Parliament.” The Government claim that is necessary because things may come along that they want then to exclude, but there is a point of principle here. If Ministers decide that an Act of Parliament is not working in the way in which it was intended, they should come back to Parliament and Parliament should look at it, rather than Ministers saying, “In that eventuality, I want to take powers to do it by delegated legislation.” Clause 15(1) lists a series of purposes for which the powers can be used.”
“Those are two very worthy things to be, but that is not a reason for abrogating a treaty you have negotiated and signed. It is a long time since I said this to the right hon. and learned Member for Torridge and West Devon (Sir Geoffrey Cox), but I agree completely with the argument he made as to why this is not something the Government should do. It is damaging our relationship and I do not think it will solve the problem. The Bill is very clever. It is very well drafted and it is a unilateral switch that allows Ministers to turn stuff on and off. That is what it does.”
“Friend the Member for Walthamstow (Stella Creasy) made so eloquently a moment ago, although one of the consequences is that Northern Ireland, alone in the United Kingdom, has access to the single market of the European Union as well as to the market of the rest of the United Kingdom. The reason for me why the Bill is so egregious is that the Government have chosen to pursue it when they have a means of taking the problem to the European Union in the form of article 16. One wonders what the negotiations were like when article 16 was drafted. “What if we have a disagreement about the way the protocol works? Let’s set up a mechanism for dealing with it.” Yet the Government have refused to use it. When I asked the Foreign Secretary why, she said she was a patriot and a democrat.”