European Union (Withdrawal Agreement) Bill

Baroness Garden of Frognal Excerpts

Committee: 3rd sitting (Hansard continued) & Committee stage & Committee: 3rd sitting (Hansard continued): House of Lords
Thursday 16th January 2020 Lords Chamber

Amendments 49 to 57 not moved.

[The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)]

If Amendment 58 is agreed, I cannot call Amendments 59 and 60 by reason of pre-emption.

Amendment 58 to 61 not moved.

European Union (Withdrawal) Bill

Baroness Garden of Frognal Excerpts

Report: 3rd sitting (Hansard): House of Lords
Wednesday 25th April 2018 Lords Chamber

[Lord Callanan]

My Lords, I shall speak also to the other amendments standing in my name on the Marshalled List relating to the creation of public authorities.

I am pleased to say that the Government have listened to the discussions on this issue and have consequently tabled these amendments, which remove the ability to create public authorities from the Clause 7 power and also from the power in Clause 9. As noble Lords will have seen, the Government intend to remove Clause 8 in its entirety from the Bill.

We explained during Committee that, when Clause 7 was originally drafted, we thought it would be only sensible for the sake of contingency to include within its scope the ability to establish new public authorities to insure—as many amendments in the other place sought to do—against losing any important functions as they are transferred over from the EU, as no such public authority may currently exist in the UK.

Since then, the Government’s analysis of the transfer of functions with exit has progressed to a stage where we now consider that the establishment of a new public authority will be necessary only in a very limited number of cases. In the event that no appropriate public authority currently exists in the UK to take on functions transferred from the EU, the Government will instead bring forward the appropriate provisions under primary legislation.

As noble Lords will be aware, at the end of last year the Secretary of State for Environment, Food and Rural Affairs announced plans to create a new environmental body to advise and challenge government and potentially other public bodies on the environment. It is still the Government’s clear intention to create this new environmental body but, instead, it will now need to be delivered through a separate legislative vehicle. As I informed the House on Monday evening, the consultation on the environmental body will be published ahead of Third Reading on 16 May.

In order to maintain consistency between the powers given to the UK Government and the devolved Administrations, the restrictions preventing the establishment of public authorities in the UK after exit will also apply to the devolved Administrations. We discussed this with the devolved Administrations in advance of tabling these amendments and gave them the opportunity to consider what impact this might have on their preparations for exit day. We are not aware of any circumstances where they were anticipating using the power in this way, and they have not raised any concerns about the restrictions applying to the equivalent Schedule 2 powers.

I am grateful to the noble Lord, Lord O’Donnell, for pursuing this issue and I am pleased to say that his Amendments 33 and 35, seeking to remove this ability from the Clause 7 power, are now not necessary, as the Government’s amendments cover this and more. I hope the noble Lord feels satisfied by these amendments and will accept them. I also hope that this demonstrates the Government’s commitment to narrowing the scope of the powers wherever practical without threatening the Bill’s core purpose to deliver a functioning statute book on exit.

I turn to the noble Lord’s Amendment 103, which seeks to restrict subdelegating fees powers under Schedule 4 to public authorities taking on new functions. This matter will be discussed further, later on during Report stage, when we will address similar amendments. Therefore, for now, I will remain brief in my response. I hope the noble Lord feels reassured by the amendments on subdelegation tabled by the Government that will ensure that, where a power is exercisable by a public authority without further direct reference to Parliament, that authority must continue to inform Parliament about the exercise of the power. This will allow Parliament to maintain oversight of the use of delegated legislation-making powers. In anticipation of the later discussion, I ask the noble Lord not to press his amendment.

I beg to move the government amendments. In doing so, I want to inform the House that this is not an issue to which we intend to return at Third Reading.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

My Lords, I have to inform the House that if Amendment 32B is agreed to I cannot call Amendment 33 by reasons of pre-emption.

[Lord O'Donnell (CB)]

My Lords, briefly, I would like to thank the Minister and his officials for their work on this and for their constructive approach. I am very happy to drop my amendment.

European Union (Withdrawal) Bill

Baroness Garden of Frognal Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Monday 26th February 2018 Lords Chamber

[Baroness Garden of Frognal (LD)]

My Lords, I have added my name to Amendment 10, tabled by the noble Lord, Lord Hunt, and have Amendment 163 in this group in my name and those of my noble friend Lord Storey and the noble Earls, Lord Clancarty and Lord Dundee. The noble Lord, Lord Hunt, has set out clearly why we feel that assurances on Erasmus+ and Horizon 2020 are essential if our world-leading universities are to retain their reputation and our students are to be given the best opportunities to broaden horizons.

Does the Minister recognise the benefits of scientific research—including, as the noble Lord, Lord Hunt, has set out, for the economy? In particular, can he provide some clarity on how the UK Government intend either to remain in or replace the range of EU funds as we leave the European Union? Of course, it is not only the funding. Crucial to research is collaboration. Working with other European researchers and academics has resulted in work of benefit to the UK, the EU and, indeed, worldwide. As a recent CBI report set out:

“With science and innovation increasingly becoming globalised, the UK’s role as a leading global scientific power is at risk without an agreement”.


What a loss it would be if we were to walk away from these EU programmes.

Horizon 2020, as we have heard, is the biggest EU research and innovation programme, with nearly €80 billion of funding available over the seven years of 2014 to 2020. In addition to Horizon 2020, there is a range of other EU-based funding, which has included, for instance, valuable support for environmental science and the environment, whose future must also be carefully considered by the Government. Protecting the environment is best done in collaboration. We believe that these funds are key.

Horizon 2020 is a highly important source of funding for research in the UK. There are other funds such as Interreg and Life, which support applied research in the UK and are instrumental in turning academic research into public policy and maximising its benefits for society. As for the Erasmus exchange programme, it has been described as one of the greatest culture and character-building programmes that you can have in your whole life. The Liberal Democrats have long wholeheartedly supported Erasmus. It is heartening to hear that wholehearted support coming from the Labour Benches—it would be even better to hear it from the Government Benches, and not just for the niggardly couple of years that Ministers have mentioned so far but as an ongoing and enduring commitment.

Erasmus is aimed at cross-border co-operation between states to aid the growth of international studying, international understanding and fostering good international relations—and my goodness we will need all those in spades, if and when we leave the European Union. With over 4,000 students involved in the programme at any one time, it offers an excellent chance of experience abroad, which, we know, is highly valued by employers. Those from disadvantaged backgrounds can be helped by the Erasmus+ EU grant to help cover the travel and subsistence costs incurred in connection with their period of study abroad.

Erasmus has been of life-changing importance to so many young people from all walks of life. It would be an act of folly not to continue this scheme for our young people. I hope the Minister will respond favourably to these two amendments, in the interests of students, researchers and the greater good of the country.

[Lord Patel (CB)]

I support this amendment and will go a bit further. As we have heard, the UK is a major player in research and innovation in European countries and worldwide. A recently published document, Building a Strong Future for European Science: Brexit and Beyond, is Wellcome’s recommendation from the future partnership project, based on a survey of 200 institutions and top scientists in Europe. It might form the framework based on which the Government may wish to negotiate beyond Brexit.

If nothing were to change and we were to remain as we are, there would be no problem—the UK would remain a major player in science and innovation. But on the basis that we will have to negotiate post Brexit, I would say, as the document says:

“Brexit presents the UK and EU with choices about their future relationship on research and innovation”.


European nations, including the United Kingdom as a major player, have developed,

“a world-leading location for research and innovation”.

The EU and associated countries—there are countries which are not part of the EU but are currently associated with Erasmus and other EU research programmes—

“should accelerate and deepen development of the European Research Area (ERA), to help Europe and EU Framework Programmes capitalise on the strengths and talents of a wider group of nations”.

Each of these nations, including the UK, contributes heavily to these programmes. We have to find a way to continue, both for Europe and for us.

An EU-UK research and innovation agreement for Brexit could be possible:

“Evidence and views gathered through the Future Partnership Project showed the importance of finding a way for the EU and UK to maintain their important partnership”.


There was a strong view, both from scientists and research organisations in Europe, outside the UK, that they would like this partnership and strong relationship to continue.

As to funding, as has already been mentioned:

“The EU’s Framework Programmes are the most effective multilateral funding schemes in the world”.


The UK needs to be part of this, so:

“The UK should therefore secure Associated Country status in an excellence-focused Framework Programme 9”—


that will follow programme 8—

“as this would be the best way to participate in European research. To achieve this, the UK should be pragmatic about the cost of a good deal to access FP9, and the EU should be pragmatic about the terms of FP9 association for the UK”.

There are benefits for both sides, which the science community certainly recognises.

There will, of course, have to be some alliance with regulation and research policy. A later amendment in my name relates particularly to clinical trials, which are important for the life sciences industry in this country. It is important, therefore, for,

“the UK to participate in the EU’s harmonised clinical trials system”,

including the new system that will come. The report states:

“A research and innovation agreement should promote dialogue on areas of research policy where the EU and UK can provide global leadership, for example on open research … A research and innovation agreement should support full researcher mobility between the EEA and UK”.


Proposals of this kind, which have come from Wellcome and the Royal Society, could be the framework for future negotiations, particularly on research and innovation.