Economic Crime and Corporate Transparency Bill

Debate between Baroness Bennett of Manor Castle and Lord Thomas of Gresford

Committee stage
Tuesday 25th April 2023 Grand Committee

[Baroness Bennett of Manor Castle (GP)]

My Lords, I apologise to the Committee, I perhaps should have declared my position as co-chair of the All-Party Parliamentary Group on Hong Kong in my last intervention.

[Lord Thomas of Gresford (LD)]

My Lords, I am grateful to Minister for his response and look forward to discussing these issues with him. I am grateful to all noble Lords who have spoken, and in particular to the noble Baroness, Lady Stowell. I commend her and her committee for the work they have done in investigation and taking evidence on this issue. I admire the guts and determination of the noble Lord, Lord Cromwell, and the fury of the noble Lord, Lord Agnew, on this issue.

I do not want to speak for too long: we have had a very long debate. The only dissenting voice was that of the noble and learned Lord, Lord Garnier. Your Lordships may recall that I said that, when the results of the consultation were looked at, the claimants’ lawyers were saying, “There’s nothing to see here, guv. It’s all the ordinary rough and tumble of litigation in this country”. The noble and learned Lord, Lord Garnier, referred to his experiences in the bear garden. I remember the bear gardens—I remember appearing in a bear garden for the leader of the Opposition in the Singapore Parliament; it was not an easy position. He was suing the Straits Times for libel, and the application to strike out was made on the grounds that he had no reputation in this country. When he died, some years later, he had obituaries in the Times, the Telegraph and the Guardian.

I know the games that these media lawyers play. They do not face up to some of the realities that we in the criminal courts perhaps have to face from time to time. But I have the highest regard for the noble and learned Lord, Lord Garnier, in his professional capacity, so nothing that I say should be taken as derogatory to him—otherwise, subject to professional privilege, I might find myself in court.

Agriculture Bill

Debate between Baroness Bennett of Manor Castle and Lord Thomas of Gresford

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Thursday 17th September 2020 Lords Chamber

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

My Lords, I speak in support of Amendment 109, in the name of the noble Baroness, Lady Ritchie of Downpatrick, to which I have attached my name, and I also wish to express my support for Amendments 60 and 92.

On Amendment 60, which concerns a promise to consult, as the noble Lord, Lord Bruce of Bennachie, indicated, the Government have said that that commitment has already been made, so surely it would not be too difficult to agree to put it on the face of the Bill. Securing consent would be stronger, and to avoid conflict or rows, and to make things clear, transparent and open, surely that would be the best way forward.

To address primarily Amendment 109, the absence of a sunset clause in the Bill as it currently stands presents a risk that Northern Ireland will be left with basic payments regulations indefinitely. A sunset clause such as proposed would create an expectation that Northern Ireland’s Government would develop their own specialised agriculture legislation and a fairer, more environmentally friendly alternative to the basic payment scheme. Of course, they could just decide to roll over the existing provisions in 2026. The amendment, or something like it, would not force action but would open up a democratic window and opportunity for debate about action.

In yesterday’s debate on the immigration Bill, the Government Benches spent a great deal of time expressing a desire for non-discrimination. Surely this proposed new clause would put Northern Ireland on the same footing as Scotland and Wales in deciding agricultural policy. This is non-discrimination that should surely apply in this crucial case, given that agriculture is very important to the economies of all three of those nations.

As the noble Baroness, Lady Ritchie, said, the absence of a sitting Assembly from 2017 to 2020 meant that little consultation took place on this issue, but the Committee for Agriculture, Environment and Rural Affairs, in a single day of very packed evidence on a number of issues, said that it wanted this sunset clause, and that is surely where the Government should take their guidance from. It recommended a timescale of 2024, but in terms of the electoral cycle there are good reasons to provide a bit more time. Your Lordships certainly know how long these considerations can take.

In the interests of ensuring that the Minister does not feel too uncomfortable, I shall not refer specifically to internal market issues, which have been creating difficulties for some of his colleagues, but I hope that the Government will take on board this call. It is not political, except in the broadest sense of seeking to ensure that the people of Northern Ireland have democratic control over their own future. Amendment 109 would provide flexibility and the opportunity for action, and I commend it to the House.

[Lord Thomas of Gresford (LD) [V]]

My Lords, these powers under Chapter 2 of Part 2 of the Bill make a declaration that exceptional market conditions which trigger financial assistance of a varying kind are to be exercised by the English Minister by way of regulations made under the negative procedure. That means that they will escape extensive parliamentary scrutiny, as we are well aware.

The sort of market conditions that Clause 18 has in mind is where there is a severe disturbance or a threat of such disturbance to agricultural markets that would have such a significantly adverse effect on producers in England as to constitute exceptional market conditions. That is to be judged by the limited criterion of the prices farmers receive for the sale of their agricultural produce. It is made clear in the Explanatory Notes that the devolved Administrations in Wales and Scotland have the ability, under their devolved powers, to make similar arrangements within their own jurisdictions. The noble Baronesses, Lady Ritchie of Downpatrick and Lady Bennett, have outlined the unsatisfactory position in Northern Ireland, and I support their call for clarity. However, I suppose that that is the reason it is thought these clauses do not require legislative consent from the Welsh Senedd or the Scottish Parliament —let them do their own thing.

But of course, if exceptional market conditions exist in England, they are bound to have an effect, certainly in the borders of Wales that I know best. I recall that Welshpool was once the largest market for sheep in Europe, but there are equally strong markets in both Oswestry and Shrewsbury, and what happens in one affects the others. I remember that when I was chair of Marcher Sound, broadcasting to north Wales and Cheshire, our farming report every morning at six o’clock broadcast the price of hoggets in markets on both sides of the border. This was vital early intelligence as I headed for the London train.

It seems common sense that introducing financial assistance to English farmers under Chapter 2 would have a vital effect on prices and risk unfair competition. Moreover, agriculture is a significant part of both the Welsh and Scottish economies, as the noble Lord, Lord Bruce of Bennachie, pointed out. Surely decisions of this nature should be subject to consultation with, and consent by, the devolved nations. I have no knowledge of the markets of Carlisle and Berwick, but I have no doubt that there would be serious financial implications for those agricultural markets, and equally for those in Northern Ireland.

It may be suggested that exceptional market conditions could be so exceptional that an English Secretary of State would have to move quickly with no time for consultation, but surely he would move and should move in step with the devolved Administrations, and certainly not with any of the belligerence to which my noble friend Lady Humphreys referred.

The Minister will recall that, at the Second Reading and Committee stages of this Bill, I raised the issue of internal markets and price stability, not knowing that the now infamous Internal Market Bill was about to be unveiled to the world. Did the devolved Administrations know of the contents of that Bill? Their alarmed reaction demonstrates that they did not. It is a Bill that is perceived to be a unilateral grab at former EU powers which ought to be directed immediately to the devolved Administrations, and I promise that I will not even mention the attack on the rule of law.

The Government sometimes tell us that we have already left the EU, so get over it. Well, devolution is a fact of 20 years’ standing, and it is about time that the Government understood that one of its main implications is the need for consultation and consent. There is a limit to the extent to which lack of time can be pushed when there is no consultation. As the whole country knows, the reason for the rush and haste and us being here until midnight discussing this Bill is due to the hazard which this Government chose to construct for themselves. I support Amendments 60 and 92 in this group, and I look forward to the Minister’s response.