Trade Bill

Debate between Baroness Bennett of Manor Castle and Lord Stevenson of Balmacara

Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Wednesday 6th January 2021 Lords Chamber

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, it is a pleasure to follow my noble friend Lady Jones of Moulsecoomb in thanking the noble Baroness, Lady Kidron, for tabling Amendment 23. My noble friend and I do not usually speak on the same amendment, but there is a particular range of issues that I want to speak to on this one—issues that no other noble Lords have addressed. I am talking about controlling advertising, a fast-rising area of concern.

When I talk about advertising I also mean some of the broader online issues such as product placement and payments to influencers, which are effectively indirect forms of advertising. This is where I agree with a comment made by the noble Lord, Lord Vaizey, yesterday, which may surprise the House. He expressed concern about differential controls on advertising for broadcasters in the UK, which do not apply online. Yet we know that consumption of media is very much blending now; indeed, the divisions between broadcast and online material, from consumers’ point of view, are pretty artificial these days.

In some areas we already have quite tight controls in the UK for broadcasters and others—on smoking advertising, for example, as well as some controls on gambling advertising, and limited controls on alcohol advertising. We have also seen, particularly in the London underground, controls on the advertising of unhealthy food. As we start to face up to our role as chair of COP26, and face the climate emergency and the nature crisis, a broader concern about advertising is rising, in relation to its place in driving consumption, and driving the destruction of our planet.

The amendment is about children in particular. It is Green Party policy that all advertising directed at primary school age pupils, who psychologists tell us cannot distinguish between advertising and programmes, or editorial content, should be banned. In the online context, it should be possible to create a situation in which we can protect children up to a certain age from online advertising.

I note that just before Christmas, on a question about gambling advertising, the noble Baroness, Lady Barran, speaking for the Government, said:

“We very much welcome moves by the major platforms that give individuals greater control”.—[Official Report, 14/12/20; col. 1518.]


over gambling advertising. Should a future Government decide to enforce even the rights of users to block advertising, I suggest that we do not want to see trade Bills stopping that happening.

I conclude by referring to what the noble Baroness, Lady Kennedy of The Shaws, said. What we are talking about here is giving guidance and democratic control—sovereign control—to our trade negotiators in future trade deals.

[Lord Stevenson of Balmacara (Lab) [V]]

My Lords, I thank all speakers for their contributions to this rather important debate. I was happy to sign up to Amendment 23, tabled by the noble Baroness, Lady Kidron, because surely ensuring online safety for children and otherwise vulnerable people is one of the key issues of our time. Secondly, while the age-appropriate design amendments your Lordships’ House made to the Data Protection Act 2018 have made a start in ensuring that the UK is a safe place for children to be online, much still hangs on the progress of the as yet unpublished online harms Bill. Sadly, there is still rather a long way to go before that become law. If, and when, the online harms Bill, assuming it retains its present ambitions, becomes law, it may provide a bulwark against any tendency the Government may have in future to trade away current or future protections for our children and other vulnerable users. But we are not there yet.

The points made by my noble friends Lord Knight and Lord McNally about the way in which the US tech giant lobby has been forcing changes on recent trade deals are, frankly, chilling. This is not the time to weaken current protections for children online. We must ensure that future trade deals protect our current, and prospective, domestic legislation, and we can do that by taking this issue off the negotiating table.

--- Later in debate ---

[Lord Stevenson of Balmacara (Lab) [V]]

My Lords, Amendment 24 is in my name. Although devolution is a settled fact in our constitutional arrangements, it is odd how often we find that legislation brought before Parliament either ignores it completely or makes token gestures in that direction. The recent experience of those involved in this Bill and the then United Kingdom Internal Market Bill has made this abundantly clear.

The proposed new clause is offered to the Government as a template that I hope they might find of interest as they consider matters relating to the devolved settlements. Building on successful amendments that were made to the then United Kingdom Internal Market Bill, which were accepted by the Government, they propose a two-stage approach: where devolved competences are engaged, there is a separate process, and, where they are not, committing to consult and seek consent from the devolved Administrations should be combined with setting a one-month time limit for the consent process. This proved successful in what became the United Kingdom Internal Market Act, and, as far as we are aware, it is acceptable to the devolved Administrations. I hope it will be of interest to the Minister when he comes to respond, and I thank others who have decided to support this amendment in this debate. I beg to move.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, it is a great pleasure to follow the noble Lord, Lord Stevenson of Balmacara, and to back his amendment. As the noble Lord said, this is territory that we have covered over and over again, so I will not take a great deal of time. The sections of this amendment say that the devolved Scottish Government should not be overruled on matters within their purview; that the Welsh Ministers should not be overruled on matters devolved to them; and that the Northern Ireland Government should not be overruled on matters devolved to them.

We have here something of a reflection of what happened on 30 December, when many noble Lords participated, in one way or another, and in one day both Houses passed a Bill to which we had no consent from the devolved Administrations—indeed, there was opposition from two of them. This amendment aims to create, as the noble Lord, Lord Stevenson of Balmacara, said, a blueprint for the way forward. It is a balanced amendment. Clause 5 says that if the Westminster Government seeks to overrule the devolved Administrations, that has to be explained to both Houses of Parliament.

We hear an enormous amount about sovereignty and taking back control. This Bill seeks to ensure that the nations of the UK are in control of their own destiny in the areas where they have been given powers. I very much hope that your Lordships’ House will back this amendment.

Trade Bill

Debate between Baroness Bennett of Manor Castle and Lord Stevenson of Balmacara

Committee stage
Thursday 15th October 2020 Lords Chamber

[Lord Stevenson of Balmacara (Lab) [V]]

My Lords, this group covers a lot of ground, including some more discussion on the Trade Remedies Authority, on Board of Trade appointments and on trade advisory groups. In rising—not literally—to move Amendment 81, I shall speak also to the other amendments in my name and that of my noble friend Lord Bassam.

I think that we were all surprised and somewhat shocked at recent appointments to the Board of Trade, but the key issue here is accountability and transparency around appointments to such important bodies. Amendment 81 seeks to establish a public process for board of trade appointments, including advisers to the board. When the Minister comes to respond, I would like him to explain why such appointments do not follow the recruitment processes set out in the Governance Code for Public Appointments, why they are not made under the supervision of the Commissioner for Public Appointments and why prospective appointees —and certainly the senior ones—do not appear in front of the International Trade Select Committee.

Amendments 83 and 106 seek to broaden representation on the trade advisory groups and the TRA. Over the summer, the Government, rather surprisingly, cancelled all their previous arrangements for discussion about trade and launched 11 new trade advisory groups

“to support the UK’s ambitious trade negotiations.”

Apart from the agri-food trade advisory group, there is a considerable lack of wide representation, particularly for the trade unions, which Amendment 83 seeks to address.

Amendment 83 also refers to NDAs—non-disclosure agreements. In June, the Government requested that members of the expert trade advisory groups sign an NDA for seven years to be able to see confidential material relating to trade negotiations. One appreciates that there will be confidential material, but seven years seems out of proportion. Many groups, including the TUC, said that they simply could not sign such an NDA because it would limit their ability to consult their members. That is an important point to bear in mind. The sharing of documents is obviously not to be encouraged while trade negotiations are continuing, but can the Minister say when he comes to respond that the process of reviewing the NDA will end, why seven years was selected and why he thinks it so important that it should be in place?

In previous debates, I have said that Labour is also worried about the Trade Remedies Authority lacking effective stakeholder engagement across sectors and regions. Therefore, Amendment 106 would:

“ensure that the Trade Remedies Authority includes, among its non-executive members, representatives”

of

“producers … trade unions … consumers, and … each of the United Kingdom devolved administrations.”

On the TRA, the TUC has said that without trade union representation

“There is no guarantee provided that the non-executive members will represent the interests of workers in manufacturing sectors who will be severely affected by the dumping of cheap goods such as steel, tyres and ceramics.”


Such dumping has already happened recently. Amendment 108 would also ensure five-year terms for members of the TRA, renewable for a further term, to ensure a reasonable turnover.

Ultimately, we need to ensure a degree of transparency and accountability for trade advisers and trade negotiations. The Government insist on trying to hold these away from public scrutiny. These bodies are part of the process and they could, with advantage, listen to these arguments and open them up to a wider group of people. I hope the Minister will view these amendments as proportionate and see them as offering solutions that actually strengthen the Government’s hand in negotiations. I beg to move.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I shall speak primarily to Amendment 81, in the name of the noble Lord, Lord Bassam, ably if very restrainedly just set out by the noble Lord, Lord Stevenson, and to which I attached my name, as did the noble Lord, Lord Rooker. Since we have yet to hear the explanations for Amendments 83, 106, 108 and 113, I will simply say that I offer the Green group’s support to all of them to increase the transparency and representativeness of advice to the Government. I particularly note the strong cross-party support for Amendment 106 and look forward to hearing the explanations for Amendments 110 to 112.

However, I turn to Amendment 81, which is about Board of Trade appointments—or, to give it its full title, the Lords of the Committee of the Privy Council appointed for the consideration of all matters relating to Trade and Foreign Plantations. As an aside, I think that the Government might use this legislative opportunity to bring our constitutional arrangements out of the 17th century, at least in a small way, by modernising the name.

However, Board of Trade appointments might normally be considered a rather arcane matter and something that would be of little public interest, although there would probably be a general assumption, if you were to be brave enough to survey 100 members of the public in the street, that such important roles would, of course, be filled by a fair, competitive and transparent procedure.

Then, of course, we come to Tony Abbott. Should my accent have yet to do so, I remind everyone that I maintain a residual interest in Australian politics. Your Lordships’ House has a tradition of politeness and a different kind of language to that often used in the other place. Normally, I do not find that a constraint; today, I do. Therefore, I will simply produce a factual list: there is clear evidence of misogyny, homophobia, climate change denial, a lack of trade expertise and a clear conflict of interest. The Government really could not have done a better job of highlighting the importance of the amendment. They might have intended the appointment as a blow in the culture war—it is hard to think of another explanation—but they set out their position of intending to use an important technical role for a clearly political purpose. I say very seriously to the Committee that your Lordship’s House has a major constitutional responsibility in ensuring that this amendment is sent to the other place. Defending the Nolan principles should not be necessary, but it clearly is.