(3 years, 4 months ago)
Lords ChamberMy Lords, I certainly agree that we need a measure of objectivity on this, echoing the words of the right reverend Prelate. It is important that any malpractice should be dealt with. Transparency is important. As the noble Baroness asked, any reportable benefits will be recorded in the list of ministerial interests on the advice of the independent advisers. So far as broader Civil Service arrangements are concerned, my noble friend will know that Mr Boardman is looking into the matters in relation to Greensill. It is better to await the outcome of that inquiry. But, of course, I take note of what my noble friend said.
My Lords, the time allowed for this Question has elapsed.
(3 years, 4 months ago)
Grand CommitteeThat completes the business before the Grand Committee this afternoon. I remind Members to sanitise their desks and chairs before leaving the Room.
(3 years, 4 months ago)
Lords ChamberMy Lords, I hope the noble Lord does not see in me a clone of the Prime Minister—my hair is a different colour, for a start. I would love to have the noble Lord as my deputy. I repeat that the aspiration of the Prime Minister, reflected in peerage creations and the number of MPs in the House of Commons, is to see more women in Parliament.
My Lords, all supplementary questions have been asked.
(3 years, 4 months ago)
Lords ChamberWe now come to the group beginning with Amendment 21. Anyone wishing to press this or anything else in the group to a Division must make that clear in the debate.
Amendment 21
(3 years, 6 months ago)
Lords ChamberWe now come to the group consisting of Amendment 32. Anyone wishing to press this amendment to a Division must make that clear in debate.
Amendment 32
I will be half a minute. I tabled this amendment in order to help the Government in general and the Attorney-General in particular when there were noises abroad that her pregnancy was far advanced. It is unfortunate when we have to take legislation so quickly and, save in real emergencies—and this is not one—I wish that both Houses had a little more time. The amendment would have enabled that. However, I am delighted at the way in which things have gone this afternoon and, therefore, although I do not wish to silence anyone who is down to speak, I should say that I have no intention of putting this to a Division.
Amendment not moved, Lord Cormack?
In which case, no further speakers can speak on the amendment.
(3 years, 8 months ago)
Lords ChamberMy Lords, in moving Motion B1 in my name, I thank the Minister for his full and comprehensive introduction and make it clear that we agree with his Amendment 15C, which we think is very helpful to the overall operation of the internal market Bill. In particular, it picks up points that we have been making in relation to market access. I have just one point of correction to what he said: the changes set out in my Amendment 8M remove the amendment completely from the main part of the Bill. He said Clause 1, but I think he meant Schedule 1; in other words, even more disguised and hidden than perhaps was the impression he gave when speaking.
In opening this debate, I do not want to spend a lot of time on this issue, which is quite narrow. Indeed, the arguments are very similar to those we have already heard from the noble and learned Lord, Lord Hope. The Minister’s defence of the current drafting in the Bill depended largely on the often-used threat by Ministers that those who are preparing amendments do not understand the unintended consequences that might flow from their drafting. I suggest to the Minister with some humility that we are not the experts on drafting. If there is an issue here that we should progress a little, we would certainly be happy to work with him and the team of draftspeople in his department to try to make sure that any egregious issues are removed. He drew particular attention to a concern about the phrase used in proposed paragraph 5A(1)(c), which those who wish to bring forward changes to market access would not be permitted to do so if they were disguised restrictions on trade. As I understand it, that comes from the existing WTO regulations and is therefore relatively well understood among those involved in the operation; these are trivial points, however, compared to the main points of principle that he raised.
I want to make three main points. The noble and learned Lord, Lord Hope, has already explained in his amendment that the common frameworks issues he talked about require a market access regime as well; the two are interrelated—almost two sides of the same coin. The devolution settlement has to be observed in both the spirit and the letter of the law. We think that the Bill can both honour and enhance the devolution settlement, provided, first, that we emphasise the common frameworks and the coherence that they can bring to the whole process of a devolved settlement and, secondly, that we do not make the market access principles, which operate automatically, too narrow and too prescriptive. That would fatally undermine the opportunities for devolved Administrations to diverge—if they wish and as agreed by all concerned—in a managed and coherent way.
We have a devolved system of government. That must necessarily imply divergence, so it has to be part of the system. In some way, the argument revolves around how it is possible to frame that managed divergence in legal terms. My Amendment 8M uses derogation powers that are already in the Bill to highlight areas of public good that could benefit consumers, workers and traders. The Minister said there was already coverage on these areas within the Bill, so, in a sense, he is making my point that areas such as public health and the ability of people to work in the environmental areas will be public goods if they can be brought forward. Any sensible Government would ensure that the system made it possible for those who wish to make changes that would raise standards —managed and with agreement—to do so.
The amendment therefore enhances efforts to improve environmental standards and public health; I cannot believe that the Government would want to be against that. It amends a schedule, and does not change any of the main clauses in the Bill. We are talking about trying to find a system for allowing divergence to happen in a proportionate way, which will not in any sense damage the ability of traders to trade but will benefit consumers and workers. It is a very small change. As the Minister rightly said, it has been slimmed down in the process of arriving at this point in the Bill’s discussions, and it is very much tied to the amendment that we have just accepted by a majority of over 100 in relation to the common frameworks. I beg to move.
The question is that Motion B1, as an amendment to Motion B, be agreed to. I have had no notice of anyone in the Chamber wishing to speak—in fact, I call the noble Baroness, Lady Bennett.
My Lords, I rise to speak physically in the Chamber for the first time since March, so I hope your Lordships will forgive me if I feel a little rusty. Although we refer to people taking part remotely and those in the Chamber being treated equally for many procedures in your Lordships’ House, that is unfortunately not the case with ping-pong. That is why I felt that I needed to be here.
In reflecting on that, I want to comment very briefly on the earlier discussion about procedures in your Lordships’ House, because I respectfully disagree with the many people who said that they wanted to go back to how things were before as soon as possible. I think that the remote participation that enables people to participate who, for all kinds of reasons—whether it be disability, caring responsibilities or all kinds of other reasons—may not be able to be in the Chamber is something that we should keep. Of course, remote voting allows a wider democracy, as much as we can, which would surely be a good thing.
I am in favour of Motion B1, in the name of the noble Lord, Lord Stevenson of Balmacara. I will focus in particular on the environment side of it and cite Alok Sharma, the Government’s chair of the COP 26 talks, who spoke yesterday at the climate ambition summit. He pointed out that 45 leaders had announced new climate target plans for 2030, 24 had committed to net zero and 20 had talked about strengthening adaptation. But we are still not on track for 1.5 degrees. As we start to gear up for COP 26, we are starting to see the revival of “One-point-five to stay alive”. We have a long way to go.
If we look at the situation of the nations of the UK, there is no doubt, sadly, that leadership has often not come from Westminster. On everything from home energy efficiency to plastic bag taxes and bottle deposit schemes—all kinds of environmental issues—leadership has come from the nations of the UK other than England. So, if we do not allow that to happen, we are cutting off the opportunity of progressing faster, which I suggest is not in line with the Government’s intentions.
I was speaking at the weekend at an event focusing on the beauty and diversity of the Amazon. There is an innate strength in diversity, in difference, and in different places trying different things and approaches. If you shut that off, as we will by not having this amendment or something very like it, we will actually hamper the efforts on the environment which the Government, I am pleased to say, tell us they are so keen to succeed with.
Finally, I will pick up on the words of the noble Baroness, Lady Hayter of Kentish Town, on our first group of amendments about the “Take back control” issue. When participating remotely, or in the Chamber, I often find myself shaking my head as speakers say, “We are all supporters of the union here”. I believe in subsidiarity and in local decision-making, but I will offer some free advice to those who want to keep the existing arrangements. Squeezing people tighter and taking away independence or rights that have been given is not a way for that to continue. In your Lordships’ House, we have been awaiting for quite some time the very important domestic abuse Bill, which will bring the idea of coercive control into our law. If we attempt to coerce people and take away their independence and the rights that they already have, I would suggest that it will make them seek more independence.
I regret the fact that Motion B1 has been diminished from earlier, similar versions of the amendment. I regret the loss of animal welfare and cultural expression, but it is crucial that we keep the environmental standards and protection. As the noble Lord, Lord Stevenson of Balmacara, said, how in the middle of a pandemic could we not keep the opportunity for every Government in the United Kingdom to protect the public health of their people as best they can?
My Lords, this has been a very short debate, but, as the Minister has said, it has been quite interesting, and revelatory in some senses. I thank the noble Baroness, Lady Bennett, for speaking in support. I think that I thank the noble Lord, Lord Fox, for his suggestion that “yin and yang” are the words I was looking for in terms of my relationship with the noble and learned Lord, Lord Hope. We are certainly not yin and yang if you consider size or intellectual ability, but, even so, it is a nice thought.
I recognise that the Minister was not going all out to take down the arguments I was making, and I am grateful to him for that; he can sometimes be quite destructive when he does, and it is nice to have the sunny side of him on show today—he does have a sunny side.
I cannot understand why there is such a concern about divergence. For those of us who were born and brought up in Scotland, it is well known that building regulations there are substantially different for not unreasonable reasons: the weather up there is so different from that which one experiences further south. Those regulations were different in Scotland for many years before devolution took place, and have continued to be.
Of course, there are many other areas of difference, right across a range of activity in Scotland: a different legal system, a different religious environment as well as other factors. This has led to different ways in which people operate, trade is conducted, and people shop and carry out their business. The idea that divergence is not already present in the system and not respected as such seems very strange.
I know that the Minister stands by Schedule 1 because he referred to it at length, but those who have read it carefully—I suspect that not many people have read it right the way through because it is dry—will know that, basically, the only real reason for divergence is set out there very clearly. It says that there has to have been a threat to life caused by a “pest or disease”—that is a very wide-ranging thought and a way we can approach it. Nevertheless, that is really the only sure and certain basis under which divergence would be permitted, other than that which already exists.
In that sense, we are on the right track: there could be a better way of formulating that. The schedule contains many other ways of implementing curtailment and restriction that we could use if the wording currently in our amendment is not satisfactory. However, I do not think that the Minister has said anything that would negate our feeling that this amendment, in its essence, is the counterpart to the amendment that we already agreed in relation to common frameworks—and that it would play a necessary part in making sure that devolution continues. I recommend it, and I would like to test the opinion of the House.
Members taking part remotely have given their voices in support of this Motion, and I will take that into account.
(3 years, 10 months ago)
Lords ChamberWe now come to the group consisting of Amendment 15. I remind noble Lords that Members other than the mover and the Minister may speak only once, and that short questions of elucidation are discouraged. Anyone wishing to press this amendment to a Division should make that clear in debate.
Clause 6: Taking account of local government boundaries
Amendment 15
We now come to the group consisting of Amendment 16. I remind noble Lords that Members, other than the mover and the Minister, may only speak once, and that short questions of elucidation are discouraged. Anyone wishing to press this amendment to a division should make that clear in debate.
Amendment 16
(3 years, 11 months ago)
Grand CommitteeMy Lords, the Hybrid Grand Committee will now begin. Some Members are here in person, respecting social distancing, others are participating remotely, but all Members will be treated equally. I must ask Members in the Room to wear a face covering, except when seated at their desk, to speak sitting down and to wipe down their desk, chair and any other touch points before and after use. If the capacity of the Committee Room is exceeded, or other safety requirements are breached, I will immediately adjourn the Committee. If there is a Division in the House, the Committee will adjourn for five minutes.
A list of participants for today’s proceedings has been published by the Government Whips Office, as have lists of Members who have put their names to the amendments, or expressed an interest in speaking, on each group. I will call Members to speak in the order listed. Members are not permitted to intervene spontaneously; the Chair calls each speaker. Interventions during speeches or “before the noble Lord sits down” are not permitted. During the debate on each group I will invite Members, including Members in the Grand Committee Room, to email the clerk if they wish to speak after the Minister, using the Grand Committee address. I will call Members to speak in order of request and will call the Minister to reply each time. The groupings are binding and it will not be possible to de-group an amendment for separate debate. A Member intending to move formally an amendment already debated should have given notice in the debate.
Leave should be given to withdraw amendments. When putting the Question, I will collect voices in the Grand Committee Room only. I remind Members that Divisions cannot take place in Grand Committee. It takes unanimity to amend the Bill, so if a single voice says “Not Content”, an amendment is negatived, and if a single voice says “Content”, a clause stands part. If a Member taking part remotely intends to oppose an amendment expected to be agreed to, they should make this clear when speaking on the group. We will now begin.
It is currently intended that we will take a break at 5 pm for 15 minutes. There has been some suggestion that not all Members are happy with this. I suggest, therefore, that the three Whips get together at some point to decide whether they wish to have this break. It being a Thursday, I can understand that people might have different feelings about it.
Amendment 12
I will speak briefly in support of the amendment introduced by the noble and learned Lord, Lord Thomas. As was discussed on Tuesday, the Bill introduces automaticity into the implementation of new constituency boundaries following a boundary review. This is a move which I support. This amendment is a further step to ensure that the review process is, and is seen to be, totally impartial. Its aim is to strengthen the independence of the Boundary Commissions themselves by setting out how the appointments of their members can be made independently and without the possibility of political interference. The importance of this was underlined by the Constitution Committee and the arguments in favour of this additional clause have just been well set out by the noble and learned Lord, Lord Thomas.
I simply add that I hope there will be no temptation to argue that this amendment is unnecessary. If the Minister does take that line when he replies, he would be saying in effect that we can trust the present appointments system. I ask him to reflect on this in the context of the level of public trust in politics today, which was touched on in our debate on Tuesday. When winding up the Second Reading debate earlier this year, the Minister said that the Boundary Commissions
“are independent and neutral; they must and will remain so”.—[Official Report, 27/7/20; col. 96.]
This amendment will surely assist the Government in meeting this worthy pledge.
Lord Liddle. No? We will move on to the noble and learned Lord, Lord Morris of Aberavon.
My Lords, it is a pleasure to support the noble and learned Lord, Lord Thomas. As Welsh Secretary, I ran a mile whenever I thought there was a conflict of interest. It is for others to judge whether I succeeded. It goes without saying that I did the same as Attorney-General. The spirit and meaning of this amendment is that the office of Lord Chancellor has been changed. It certainly gives the appearance of being a more political office. I will make no comment on his statutory duty to maintain the rule of law in the present circumstances, but it is important to distance the appointment of the Boundary Commission from a perception of closeness to party interests. The machinery—the bread and butter—of general elections is the make-up of constituencies. This is what the Bill does, with disastrous consequences for the representation of Welsh electors. A judicial method of appointment removes the semblance of political interests.
As Welsh Secretary, I had experience of a parallel matter. In what I would call my vice-regal role, it was my duty to appoint the chairman of the Local Government Boundary Commission and, I believe, its members. I presume that this duty went, on devolution, to the Assembly and it is too late to amend it, but it is important so far as England is concerned. The same argument—the need to distance decision-making from a politician—applies to this kind of appointment and the Boundary Commission itself. On assuming office, I inherited the proposed appointment of the Local Government Boundary Commission chairman from my Conservative predecessor. I was not satisfied with the proposed appointment.
I have received a request to speak after the Minister from the noble Baroness, Lady Hayter of Kentish Town.
We now come to the group consisting of Amendment 13. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate.
Clause 5: Number of parliamentary constituencies
Amendment 13
(3 years, 11 months ago)
Lords ChamberMy Lords, the Finance Act 2013 contained provisions expressly disapplying international tax treaties in relation to the extent that these conflicted with the general anti-abuse rule. I have other examples. I would say to the noble Lord, whose distinguished services to our country I respect, that there were ambiguities in the protocol. For example, the arrangements of the EU refer very clearly to unfettered access. That is why we have a Joint Committee: to work out these ambiguities. Let us hope that it is still possible for it to complete its work.
My Lords, the time allowed for this Private Notice Question has elapsed.
(4 years, 1 month ago)
Lords ChamberMy Lords, I am grateful to both noble Baronesses for their welcome for the Statement made by my right honourable friend—with modified degrees of rapture, I must confess to the House, but I always benefit from their comments and, as ever, I will try to listen and learn from them. However, I shall say one thing as a premise—I think the noble Baroness will know that I am going to say it, but I make no apology for it because it was reasserted by the British people last December. The British people twice made a very firm declaration that they wish to go forward as a sovereign nation outside the European Union, and did so in full knowledge of the circumstances that would obtain. No one in this House or in this polity can assert that, over four years of debate on the question of leaving the European Union, any question was not unearthed in that time. The British people resoundingly reasserted their verdict last December, and this Government intend to implement, and are implementing, that. I believe that that is the inescapable, underlying point which we never hear from the other side.
On costs, of course the Statement acknowledges that there will be elements of cost. The Government do not accept the cost estimates that both noble Baronesses referred to, and indeed it has become clear that some of those who made the calculations did so on the basis that every document would be filled in manually. That is not the case; we are moving to a new, modern, smart border.
I make no apologies for the additional expenditure which the Government are undertaking to secure our borders and provide a modern, effective border. Indeed, the noble Baroness, Lady Ludford, made the point very powerfully—and I agreed with it—that we need to have an eye to smuggling, the abuse of modern slavery, and so on. Part of this package is employing more Border Force operatives and indeed investing in new facilities and IT and opportunities for Border Force to control more effectively our borders and operate against crime. I believe that that is important. The whole £705 million package which has been announced will serve this country well and will be welcomed by most of those involved.
Another point that did not come out in the statements from the noble Baronesses opposite is the welcome that British business has given to the publication of the border operating model. This model was not sprung on business, as was implied, but is the result of lengthy, ongoing discussions and previous documents and conversations, and it reflects the wisdom of many business sectors and operatives. That is why it has had the welcome it has had. Again, my right honourable friend the Chancellor of the Duchy of Lancaster made it clear that there was further material— “i”s to dot and “t”s to cross was I think the phrase he used—and I can assure the House that those conversations and that engagement will continue with business in every part of this United Kingdom.
Although border control is a reserved matter, I refute the view that the devolved Administrations are not appropriately engaged. Obviously, I am always concerned when I hear that there is dissatisfaction about that and I take that back, but I can assure the House that efforts are constantly made, and indeed that engagement takes place on a regular basis and will continue to do so.
On the advertising campaign, which both noble Baronesses asked about, again, there has been a very wide welcome for this. Again, the Government make no apology for undertaking this campaign and committing extensive resources to it. It is important that business and consumers and the people of this country should be fully ready and aware. The noble Baroness rightly referred to the importance of consumers, and I can assure her that an eye will always be held to the views of consumer groups. However, I can also specifically answer her question on the NAO recommendations. She makes an important point and those recommendations have been taken on board by the Government. There will be staged monitoring of the effectiveness of the campaign and it will adhere to the proper requirements of government advertising. I give her that assurance in the House; I hope that is sufficient, but if she would like me to provide further details, I should be happy to do so, because it is a valid point and I fully take it on board.
The noble Baroness asked about business engagement, and I hope I have answered that. It is not something that suddenly started or will suddenly stop. Business engagement will continue as the process develops over the next few months. I am sorry that the noble Baroness feels what she said about Parliament. I think she knows that I have a profound respect for Parliament, particularly having spent most of my life on the Back Benches and never expecting to be standing at the Dispatch Box. As I understand it, the normal courtesies were followed with the Statement at the other end but, if they were not, I will look into the matter. However, my own view is that the fullest co-operation with opposition parties, and indeed with those of no party, is the best way to get Parliament and this revising House to work at their best.
I think that that covers most of the points that the noble Baroness raised. I do not accept this stuff about a lorry park. Work is ongoing in terms of what kind of infrastructure and facility will be required, not only behind the Dover Straits or in co-operation with the Dover Straits crossing but with other ports in the land. Those consultations are ongoing and the Government intend to provide such support as is needed to ensure that there is the fullest and freest flow of trade everywhere. I can assure the House that other ports, not just in the south-east, are taken care of. I note what the noble Baroness said about my right honourable friend’s contact with local MPs in Kent, and I believe that that represents accurately that those conversations will be taking place.
On the points made by the noble Baroness, Lady Ludford, she will know that, with the greatest respect, I diverge from her just a little on both the past history and the present analysis. As she knows, it is not the normal custom for this Government, or any Government, to comment on leaked documents, so I cannot pursue her into a detailed parsing of the letter that she has in her hands. She will know, because until recently the Liberal Democrats were also a party of government, that there is constant give and take within government. There is conversation within and outside government. That is how best policy is formulated, and the policy which is on the table and which I present to the House is the collective, agreed and actively supported policy of Her Majesty’s Government.
On Northern Ireland, which the noble Baroness raised, she will know that the union is close to my heart personally and, indeed to that of my principal, the Chancellor of the Duchy of Lancaster. The border operating model obviously does not apply specifically to Northern Ireland, but a document will be published later this month that will refer to and cover the situation in Northern Ireland. Yes, I can confirm that there is a supported programme to secure intermediaries and customs agents: we have discussed that in the House before. Again, I make no apology for that support and expenditure; it is important to secure the modern and effective borders that we need.
There are great opportunities here not always mentioned by those on the other side. In future, I am certain that, with the help being offered through the operating model and the advertising, our exporters will be ready to take advantage of new free trade agreements that we are negotiating with some of the world’s fastest-growing economies. Our small businesses will be ready to grow as we regulate our own industries in a way that works for them. Our economy will be ready to attract the best and brightest from around the world as we introduce a new points-based immigration system, and our fishermen, God bless them—fisherfolk —will be ready to flourish as we again take control of our coastal waters. We are ready for the opportunities in front of us and I believe that this Statement carries those forward.
We now come to the 20 minutes allocated for Back-Bench Questions. I ask that questions and answers be brief so that I can call the maximum number of speakers.
My Lords, I again repeat that a further document will be published, but our proposals will deliver to NI businesses unfettered access to the whole UK market. We will ensure no tariffs on goods remaining within the UK customs territory. We will uphold our obligations without any new customs infrastructure and we will guarantee that Northern Ireland businesses benefit from new United Kingdom free trade agreements.
I now call the noble and gallant Lord, Lord Craig of Radley. No? I shall move on to the noble Baroness, Lady Pidding.
My Lords, the UK leaving the European Union provides some fantastic opportunities for this country to build on our manufacturing prowess. Can the Minister outline what progress has been made towards a trade deal that protects and enhances the future of the UK automotive industry?
My Lords, significant progress has been and is being made, and some of the dire forecasts for that great industry, which is vital to our future, have not proven justified. So, I can assure the House, and I hope that I or my colleagues can bring to the House, further and continuing good news about free trade agreements.
My Lords, there is a technical problem. We will adjourn for five minutes.
My Lords, I call the noble and gallant Lord, Lord Craig of Radley. No?
It seems that the technical fault has not been cleared.
I understand that the noble Lord, Lord Griffiths of Burry Port, no longer wishes to speak, so I call the noble Lord, Lord Roberts of Llandudno.
I checked, and Dublin Port has spent €30 million in preparation for the new arrangements after the European Union loses the United Kingdom. I decided to check the other side of the Irish Sea: Holyhead. I phoned a number of people this morning. I asked a couple of the councils, the freight line and a couple of councillors, “What’s happening in Holyhead? Dublin has spent €30 million.” They said, “We haven’t done anything yet.” With just 20 weeks to go, will the Port of Holyhead and the other ports be ready for the new arrangements?