Trade Bill

Baroness Ritchie of Downpatrick Excerpts
Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Wednesday 6th January 2021

(3 years, 4 months ago)

Lords Chamber
Read Full debate Trade Bill 2019-21 View all Trade Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 128-R-III Third marshalled list for Report - (22 Dec 2020)
Baroness Ritchie of Downpatrick Portrait Baroness Ritchie of Downpatrick (Non-Afl) [V]
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My Lords, it is a pleasure to follow my noble friend Lord Hain, who has outlined in a very detailed and expansive way the purpose and remit of these three amendments.

These amendments, to which I am one of the signatories, are very much Northern Ireland-specific. It is important that there is now a trade deal. I was a remainer and I will always be a remainer: I did not vote for Brexit but I recognise that there was a need for a trade deal between the UK and the EU—albeit a thin deal, as this is. Having talked to businesses in Northern Ireland, I know that it is clear that mitigations are still required. As a result of the trade deal—which is totally wedded to the protocol—and the acceptance and acknowledgement of the Northern Ireland protocol between the UK and the EU in the joint committee, Amendments 17 and 18 are largely eclipsed.

Notwithstanding the need to see ongoing commitments that demonstrate the implementation of the withdrawal agreement and the Ireland/Northern Ireland protocol, all efforts must be made to ensure the full implementation of the Good Friday agreement and the principles of parity of esteem and reconciliation. These are fundamental to our political and peace settlement. Having served as a Minister in the Northern Ireland Executive when my noble friend Lord Hain was in the later stages of his tenure as Secretary of State for Northern Ireland, I know that he will be well aware of the importance of parity of esteem, reconciliation, working together and partnership in the process of bringing people together.

Borders are generally anathema to us: we do not want to see borders on the island of Ireland—hence the need for the protocol—or a border in the Irish Sea. Sadly, however, that has happened, because there are now border posts at Larne, Belfast and Warrenpoint ports. There have also been some teething difficulties, such as the vacant shelves announced today by Tesco and Sainsbury’s. Can the Minister say that those teething issues will be resolved, if at all possible, and that mitigations will be introduced to assist the business community and keep our local economy buoyant?

So far, analysts and researchers, such as Professor Hayward from Queen’s University Belfast, have indicated that the trade and co-operation agreement did very little to soften the Irish Sea border. But one thing is sure: Amendments 17, 18 and 26 precipitate the need to look out for certain things in relation to the protocol and the trade and co-operation agreement.

The TCA is complicated, and it will take months for experts, lawyers and officials fully to work out its implications, and on many of these we will be reading across to the protocol. The TCA is a work in progress; there are many references in the document to future development or anticipated improvements. There are four overriding concerns for Northern Ireland. How will the evolution of the TCA be connected to that of the protocol? How will the governance of the protocol, including its unique institutions for that purpose, be linked into relevant areas of governance of the TCA in a specialised committee for SPS measures? How will the British-Irish and north-south strands work to develop substantive and serious bilateral arrangements to meet the gaps in the TCA and common travel area? When the real impact of Brexit takes effect on Britain and the EU, how much care and flexibility will either be prepared to show Northern Ireland, which is on the periphery of the UK and of the European Union?

As the noble Lord, Lord Hain, stated, Amendment 26 deals specifically with the need to ensure that there is no discrimination in goods and services from Northern Ireland to Britain. It is important that provision for that unfettered access is placed in the Bill. The amendment would mean that any trade agreement between the UK and any other party that was subject to Sections 20 to 25 of CRaG was not to be ratified if anything in that agreement prevented the UK from ensuring unfettered market access for goods moving from Northern Ireland and other parts of the UK’s internal market and services provided by a service provider in Northern Ireland to customers in other parts of the UK and vice versa. It would also ensure that the Northern Ireland economy was protected and not undermined in any specific or deliberate way and, particularly with the ravages of Covid-19, was allowed to become buoyant again.

I fully support the noble Lord, Lord Hain, in proposing Amendment 26. If he calls for a Division, I shall support him in the virtual Lobbies later this afternoon. It is important that Northern Ireland’s distinct trading position is protected and that any tensions that may arise between the protocol and the internal market are resolved. The one way in which to do that is by accepting Amendment 26.

Lord Eames Portrait Lord Eames (CB) [V]
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My Lords, I want to address the terms of Amendment 26, in the name of the noble Lord, Lord Hain, the noble Baroness, Lady Ritchie, and others. I do so with a feeling of compulsion, not just for historical reasons but because of the situation as it is now in Northern Ireland. When we talked about this amendment for the first time, it was possible to refer to the fact that the Northern Ireland land border would soon become the border between the United Kingdom and the European Union. As time has passed and we have considered this Bill, the situation is now slightly different. The difference is that the land border between Northern Ireland and the Republic is the border between the United Kingdom and the EU. Because of that, many would say, “Well, the situation has clarified for Northern Ireland, and many of the worries that you have expressed to the House over the years have resolved themselves to a certain degree of clarity, because the situation is that your border is the border with the EU”.

I refer to a remark made by the noble Lord, Lord Fox, on a previous occasion in debate on this Bill. He said that trade was about people—a simplistic remark that it would be very easy to erase from the memory. However, in the light of what we who support this amendment today want to stress to the House, that remark stresses something of great importance. Over the years, I have at some length spoken to your Lordships of the sensitivities in Northern Ireland based on our history, and this is not the occasion to do so again—except to say that nothing in this Bill can be dismissed as having no historical context, because trade is about people. I speak after years of experience of dealing with those problems, and dealing with them on a practical level, as the Anglican primate of the whole of the island.

The wording of Amendment 26 attempts to answer what underlines a great deal of the trouble and worries in Northern Ireland at this moment. Those worries can best be summed up as uncertainty, because uncertainty brings with it stress. The business community is faced with Brexit, with the unknown future lying before us all and with the questions of our relationship with the rest of the United Kingdom which the noble Lord, Lord Hain, painted so clearly just now. All that uncertainty combines to figure dangers for the trade and business prosperity of a part of the United Kingdom—namely, Northern Ireland. If the sense of this amendment is not included on the pages of the statute book, in the light of what else is said about the Trade Bill, its absence will make even more visible the uncertainty and the stress for our local community.

We have spent a long time in this House looking at this Bill. We have had to face its terms not only in what is before us on the Marshalled List but in what is happening in the situation around us, far from Westminster. The plea that I make, coming as I do from Northern Ireland, is that your Lordships realise that we are not playing with words. We are not trying to overdramatise for historical reasons the need for this amendment. We are saying that we represent genuine uncertainty and doubt and, as one businessman put it to me at the weekend, the fear of the uncertainty that lies ahead of us as part of the UK.

I stress one other aspect. One lesson that the debates on this Bill has produced has been a new recognition of the doubts as well as the achievements of the devolved settlement. We have learned a great deal about that relationship and that settlement; we have learned how good it can be, how welcome it can be and how strong it can be for the whole United Kingdom, but we have also recognised its limitations.

Amendment 26, so ably produced by the noble Lord, Lord Hain, shows the need to be clear in those areas of uncertainty where part of the United Kingdom finds itself not as a future border with the European Union, but the border today between two Administrations. I hope the Minister will realise, when he comes to reply, that one of the shortcomings of the way in which we work as a House under our present conditions is that there are often things that cannot be examined in detail. This is very true of matters of trade but even more true of matters to do with people, and because people are a part of trade, I support Amendment 26.

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Lord Bishop of St Albans Portrait The Lord Bishop of St Albans [V]
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My Lords, I will speak briefly in support of Amendment 23. The Government’s proposed online harms Bill will provide a welcome framework to protect the most vulnerable from exposure to dangerous content by placing the burden of responsibility on social media companies. This crucial legislation will better equip Britain to deal with the digital age.

Much has been made of our new-found freedoms now that we have left the EU, and some people might wish to use those freedoms in a race to the bottom. However, some of us are hoping that they can be used to give a very strong lead in the world as to the ways in which nations can seek to protect the most vulnerable from all sorts of harms that can come their way when they are online.

Concerns have been raised about the prospect of protections for big tech firms being forced into future trade deals, particularly those between the UK and the US, which might undermine our national efforts to hold tech firms accountable for the content on their platforms. The recent trade deal between the EU and the UK should serve as a reminder of the gap that exists between rhetoric and reality. For all the Government’s talk of a fishing renaissance, the trade deal with the EU achieved only a marginal improvement in quotas, much to the dismay of many. As such, there is, rightly, a fear that, without strong legal provision within trade agreements to protect children online, this will simply become another area up for negotiation—a concession that could be traded away to secure a deal.

The collective efforts of the Government and this Parliament to protect children from exposure to dark and sordid material, which in some cases can lead to serious mental health problems—even, exceptionally, to suicide—cannot and must not be sacrificed on the altar of material gain. The amendment would guarantee the safety of children online and ensure that these protections could not be negotiated away, and I hope that your Lordships’ House will support it.

Baroness Ritchie of Downpatrick Portrait Baroness Ritchie of Downpatrick (Non-Afl) [V]
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My Lords, I am delighted to follow the right reverend Prelate the Bishop of St Albans, and I take this opportunity to congratulate the noble Baroness, Lady Kidron, on bringing back this revised amendment on Report. I was happy to support it in Committee and am now very happy to do so on Report.

There is a concern that the upcoming UK-US trade deal will put at risk the UK’s progress in providing a safe digital world for children. I hope that, on the side of the United States, President-elect Biden and his colleagues can address that issue. There is a fear that the US tech lobby has forced domestic protections for big tech firms into US trade deals with Japan, Korea, Mexico and Canada, and, according to informed research, is trying to do the same with the UK-US deal. What update does the Minister have on that issue? There is no doubt that it would undermine both existing UK law that protects children online and the impact of the much anticipated online harms Bill.

It is important to ensure that future trade deals carve out our domestic legislation so that the UK can continue to be a leader in child protection online. Amendment 23 would clearly require all future trade deals to respect and protect the progress that has been made in the UK, including through the online harms Bill, the ICO’s age-appropriate design code and the Data Protection Act 2018, of which the code is part, and make it impossible for the UK to sign deals that put these protections at risk. It would stop children’s safety being compromised by US trade interests and, in doing so, maintain the leadership in children’s online safety. I am happy to support the amendment.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP) [V]
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My Lords, I support this amendment, which has been brilliantly introduced by the noble Baroness, Lady Kidron, and we have heard some very strong and emotional speeches in favour of it. It is quite obvious that the internet is a most incredible thing. I cannot imagine what the past year would have been like—and, of course, this year and all years into the future—without the connectivity that the internet has given us when life could have been extremely lonely.

At the same time, the internet can be a very dangerous place because the dominant companies have the most incredible amount of power. This small but crucial amendment would go a long way towards protecting our children. With the USA, it is obviously even more important that we have these sorts of protections, not just because those companies think that anyone over 13 is not a child any more but because they have a strategic interest in disassembling regulations from other countries, which is to maintain their dominance in this area.

This Government like to use moral panic to justify all sorts of legislation—repressive legislation, I would call it—using censorship and spying to further their aims. They cannot have that in only one direction. The same logic must support this amendment, to protect children from the darkest corners of the internet.