I acknowledge that, but the fact of the matter is that, in our system, the Supreme Court is, as its name suggests, supreme. That decision having been taken, it is in my view wholly unacceptable to have the kind of treatment that was made covertly and, in some cases, openly in relation to the judgment issue. The same would have been true if, for example, those of the same cast of mind as Gina Miller had attacked the decision made by the divisional court. Attacking the independence of judges matters not for what they have decided; what matters is their independence, and that must be emphasised and encouraged at all stages.

Will the Minister name a legal jurisdiction which is more independent, impartial or incorruptible than the two legal jurisdictions of the United Kingdom? Politicisation will be the death knell of all three of these vital qualities. The fact is that, if the Supreme Court had found in favour of the Government, it would have been praised for its Periclean wisdom. Medals might even have been struck.

There are plenty of illustrations of how those who have had a political affiliation, when elevated to the Bench, are able to put that beyond them.

The Prime Minister did not dare to publish his proposals before his party conference; he did not dare to tell his conference what the proposals were; and he declined to tell Parliament until after their publication. I think that tells us quite enough about the Prime Minister and his willingness to adopt attitudes of openness and accountability.

I hope that the Minister will respond to the last matter I will raise. Yesterday, it was said on behalf of the Government that the proposals did not involve infrastructure. How can customs checks be carried out in the middle of a field? Who will carry out that check? What, if any, infrastructure will there be, even if it is only a camera at the end of a pole? Would not these things be of an attractive nature to the dissidents, albeit in a minority, whom we still find in Northern Ireland? We are too close in many respects to the consequences of the Troubles not to accept that to introduce anything that seems in any way to prejudice the Belfast agreement could cause unrest and even, beyond that, death and damage.

While accepting the seriousness of the use of firearms, does the Minister understand that elements of those who wish to protest are using petrol bombs and Molotov cocktails? If such means are used to try to advance their interests, it perhaps creates a degree of fragility in which there is a very considerable risk that more serious exchanges will take place, including the use of firearms.

While accepting the seriousness of the use of firearms, does the Minister understand that elements of those who wish to protest are using petrol bombs and Molotov cocktails? If such means are used to try to advance their interests, it perhaps creates a degree of fragility in which there is a very considerable risk that more serious exchanges will take place, including the use of firearms.

My Lords, I also welcome the detailed account that the noble Earl has given of the steps that have been, and are being, taken to remedy the circumstances that bring us here today. There is some interest in the notion that the Secretary of State felt it necessary to apologise to the court. Perhaps that might become a policy throughout government. Perhaps the noble Earl might like to reflect the welcome that that has received in this House when next he goes to No. 10 Downing Street.

I guess that the noble Earl has before him the Question that I asked on 4 September and the response from the noble Lord, Lord Ahmad. On that occasion, I asked about the question of export licences and I was assured—I stress again that I am quoting the noble Lord, Lord Ahmad—that,

“we have adhered to the undertaking to grant no new licences”.—[Official Report, 4/9/19; col. 1005.]

It now appears that that statement, which I have no doubt was given in good faith, requires revision.

What is the financial value of arms being exported to Saudi Arabia since 20 June under existing licences? I ask this because the undertaking given to the court only applied to new licences. Relevant to some of the points made by the noble Lord who spoke on behalf of the Labour Party a moment ago is the question of the total amount and total effectiveness of arms originating in United Kingdom and sent to Saudi Arabia, and the use to which they are put.

The noble Lord, Lord Ahmad, said he would write to me. Again, I am sure that that was said in good faith, and I hope that that might now be pursued—perhaps more easily be pursued given the nature of the investigations that are being carried out. However much we welcome the steps that are now being taken, the truth is that this is yet another matter of gross embarrassment for this Government.