Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Bill [HL]

Baroness Lawlor Excerpts

2nd reading
Tuesday 21st November 2023 Lords Chamber

[Baroness Lawlor (Con)]

My Lords, it is a pleasure to follow the noble Lord, Lord Foster of Bath, and his trenchant antidote to the enthusiasms we have heard for this enabling Bill. I look forward to the Minister’s response on copyright.

It is also a great pleasure to welcome the Bill and to welcome my noble friend Lord Cameron of Chipping Norton to this House. It is indeed an honour that we have a Foreign Secretary on our Benches; as other noble Lords have pointed out, it raises the stature of the House. I met my noble friend before he entered Parliament—he very kindly came to brief me on Conservative Party policy in advance of a programme I was appearing on. In his typically courteous and patient manner, he expounded on Conservative Party policy on a range of issues, which convinced me that he was very able and intellectually astute. Not only that, he was charming, patient and courteous and asked if I had any views on these matters. When I gave my views, he smiled and paused and said, “Typically robust, as I would have expected from you”. Well, I am delighted with his typically robust introduction of the Bill and the advantages of the CPTPP. I am truly glad that he regards this as a great opportunity not only for the UK, its trade and the lives of its people, but for other peoples in other parts of the world. I am truly delighted.

I welcome my noble friend’s analysis of the Bill, which, as he explains, will ensure that the UK’s legal house is in order for the CPTPP to come into operation, thus opening one of the world’s fastest growing markets to the UK’s people and businesses. I have an interest to declare as the founder and research director of the think tank, Politeia. I have benefited and learned a great deal from working with specialist economic and trade lawyers. In particular, we have published on how best to exploit the opportunities now open to the UK for free trade since leaving the EU and to help shape the framework for world trade in goods and services, as noble Lords have already mentioned today.

The CPTPP already accounts for around 12% of global GDP, covering 11 countries, as your Lordships have heard, that are party to the treaty. The UK will now be the 12th, and that will bring the figure expected as a share of global GDP to 15%. Today, the US accounts for around 15%, as does the EU, but their shares are declining, whereas those of this region are growing. As was pointed out, by 2050 the proportions will be 25% for the CPTPP and 10% for the EU.

Not only will UK businesses benefit from building their export trade; so will people themselves—from a trade deal that heralds a more competitive and wider marketplace, with goods and services meeting ambitious common standards in a rules-based system. It will also allow, as noble Lords have mentioned, the UK to be a force in shaping world trade as a historic champion of free trade, a path forged globally over many centuries, and for which it was known to stand and fight its corner. Good laws that were and remain clear and transparent, and which are enforced in our courts and elsewhere without fear or favour, allowed this country in one major area, financial services, to overcome Amsterdam in the 17th century and Paris in the 18th, to be rivalled today only by another common-law area, New York. Now, with the shift in the balance of global GDP to the Indo-Pacific region, we can help shape the appetitive for free trade and, I hope, be a force for stability and the rules-based trading system that the CPTPP champions. We know that its members stretch from Canada to Peru, from Japan and Singapore to Australia and, of course, Vietnam.

This Bill will enable the necessary changes to UK law, which I welcome, so that all is ready when the treaty comes into operation—the changes needed for IP, government procurement and technical barriers to trade here so that the different conformity assessment bodies of the CPTPP, spread across different CPTPP states, will be treated on an equal footing. The impact assessment prepared by the Department for Business and Trade for the Delegated Powers and Regulatory Reform Committee explains that a new delegated power is envisaged for such conformity assessment bodies and that Clause 5(3) of the Bill amends the existing delegated powers arrangements in Section 206(4) of the Copyright, Designs and Patents Act 1988. The new Bill gives the Secretary of State powers in Clause 2(1) to make statutory instruments to amend the subordinate legislation which places conditions on the location of the CDPA’s national treatment of conformity assessment bodies.

On IP, I welcome the extension to the eligibility criteria by which performers can qualify for rights in respect of their performances in the UK. The UK welcomes talent, and the digital provisions of the CPTPP have been welcomed as open and enabling by trade lawyers. The CPTPP departs from the trade deal with Europe primarily in its lighter protection of personal data in favour of a free flow of data. This is an area where Britain will be instrumental in championing the reforms needed to meet our data protection needs. That is another reason for bringing our influence to bear when we become the 12th member.

The CPTPP’s modern provisions on digital trade are designed to facilitate trade and underscore its attention to services trade generally. For instance, on legal services, the CPTPP has been described by one legal authority as

“among the most progressive trading arrangements in the world. Many of the barriers to trade in legal services are behind the border, including domestic regulations around licensing, certification and requalification. The CPTPP specifically encourages member countries to allow lawyers to operate on a temporary fly-in, fly-out basis and on a fully integrated basis with domestic lawyers”.

Before I conclude, may I trespass on the patience of noble Lords for a few moments and mention some of the points my noble friend Lord Trenchard would have made had he not withdrawn from the debate to be part of the group welcoming the President of the Republic of Korea? He has a particular interest in Japan and Anglo-Japanese relations. As the House will know, not only is Japan the largest economy in the CPTPP but the UK will be the second largest. If the US had stayed the course, my noble friend suggests, our accession might not have been quite so significant for Japan. He refers to the time when

“our Japanese friends felt a little hurt that some of us spoke as though our closest friend and partner for business and trade in Asia was China … the former Prime Minister … felt deeply that the old and close relationship between Japan and the United Kingdom, which was badly damaged by the events of the middle years of the 20th Century, should be restored”.

He notes that his successor has played a leading role in pushing for Britain’s membership of this trade partnership and that

“Japan was … keen to have us join, for geostrategic as much as for trade reasons … six of the eleven members are Commonwealth countries and with our accession seven”.

With those wise words from my noble friend, I thank noble Lords for their time.

Israel/Gaza

Baroness Lawlor Excerpts

Tuesday 24th October 2023 Lords Chamber

[Baroness Lawlor (Con)]

My Lords, it is no easy matter to speak after so many noble Lords have spoken so well in today’s telling debate, led by my noble friend the Minister, whose speech was as moving as it was resolute—I thank him for it.

The Hamas attack on Israel, the massacre that followed and the taking of hostages, including babies and young children, marked a new phase in a war. As we have heard again today from the noble Lord, Lord Pannick, and others, Hamas is committed, by its founding charter, to the destruction of Israel and the establishment of an Islamic state in the whole of historic Palestine. Yes, an update in 2017 suggested that Hamas might accept the 1949 to 1967 borders, if this was the result of consensus, but it rejected Zionism and the Zionist project, stating its preference for establishing an Islamist Palestinian state from the River Jordan to the Mediterranean Sea and from the border with Lebanon to the southern Israeli city of Eilat.

The Hamas terrorist war, like its ideology, combines the potency of Palestinian nationalism and the power of Muslim fundamentalism. In this war, ends and means are one: the destruction of Israel from the river to the sea. It is an end financially and militarily backed by Iran, most recently in its supply of rockets and training. As noble Lords have pointed out, Iran is also fighting to establish its own hegemony in the whole region. To that end, it is willing to make a marriage of convenience with the Sunni terrorist group Hamas—the military capabilities of which it has helped to develop—and a marriage of love with the Shiite Hezbollah towards the northern border with Lebanon.

I urge my noble friend the Minister and the Government to remain steadfast, with other western powers, in their support of Israel to defend itself and secure the release of the hostages. Unless Hamas is eliminated, not only can there be no peace for Israel but there can be no peace, prosperity or freedom for the unfortunate Palestinians who have been subject to Hamas rule since 2007. Nor will there be any stability in the Middle East or security in the world.

Few of us will not be moved by the condition of Gaza, but any let-up in Israel’s pursuit of the terrorists would be the wrong course. The destruction of Hamas is a prerequisite for the restoration of stability to the territory and for allowing the people of Gaza to live their lives under democratic rule. It will also show Iran and its proxies that the Middle East is not a fief to be won by terrorist jihad to destroy the state of Israel.

As we have heard, that state was established in 1948 to offer to Jewish people safety within national borders, free of fear of pogroms, concentration camps and murder in the wake of Hitler’s attempt to exterminate them. Although it is often said in debate that one can be against the state of Israel without being anti-Semitic, given history, that cannot be so. Of course, any Israeli Government can be criticised for their policies, but doubting whether the state and its people have a right to exist is an offence to not just Israelis but Jews the world over.

The particular responsibility of the UK Government is not merely to protect their citizens but to allow them to lead their daily lives without fear. I urge my noble friend the Minister to reconsider whether the law is adequate for this purpose—the present Commissioner of the Met raised this point before he was appointed.

The pro-Palestinian demonstrations in London on the night that the news of the massacre broke and over two Saturdays have, to put it mildly, descended into a threatening anti-Semitism. Whatever fine construction the Arabic grammarians of the Metropolitan Police may put on the words, the chant of “Jihad, jihad, jihad” by a crowd waving Palestinian flags is clearly to call a holy war against Israel and to insist that Palestine must stretch from the river to the sea. It is a call for the dispersal of Jews in Israel and the end of that state, if not the murder of present Jewish inhabitants. If that is not anti-Semitism, what is?

Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2023

Baroness Lawlor Excerpts

Wednesday 19th July 2023 Grand Committee

In relation to the position of having a general licence, the Law Society has indicated that the issue is perhaps of a more substantial and complex need rather than requiring a sticking-plaster solution, as they put it. However, I am glad to hear that meetings are taking place at a high level; and that the Government have indicated that either a general licence or amendments will be brought forward as soon as they are necessary. We will support them when they are brought forward because we want to avoid this issue causing more complexity when we need more clarity both that the UK legal system will not be—indeed, will never be—used as part of subverting the sanctions regime we have put in place and that the UK can be a leader in many respects. I am grateful for the Minister’s clarifications and his offer to keep us informed of any progress in these talks.

[Baroness Lawlor (Con)]

I am grateful to my noble friend the Minister for discussing the proposed statutory instrument so thoroughly. I want to follow the noble Lord, Lord Purvis of Tweed, in what he picked up from the Law Society’s briefing. It is certainly the case, as the statutory instrument is framed, that a lawyer who works for an international firm but may be based in New York cannot advise an international client on EU or US law in respect of, say, divesting from activities in Russia. It is really quite important to know how he can be compliant with the law. I note the intention to have general guidance but will it be such that there will be a lack of clarity and a concern that overseas clients consulting UK lawyers will not be able to get advice at the same time about where the law stands in respect of US and EU law?

[Lord Collins of Highbury (Lab)]

My Lords, one of the issues we need to address is that Russia is highly dependent on western countries for legal expertise. As a country, we previously exported £56 million in legal services to Russian businesses every year, so it is important that we address this issue.

I also welcome the fact that we can use this debate to reiterate our cross-party support for these measures to show our unwavering commitment to and solidarity with Ukraine, its people and its sovereignty. Following last night’s Statement repeat on NATO’s Vilnius summit, I underscored the strength of feeling across our diplomatic and military alliance that we must stand with Ukraine until the war is won. It is vital that Parliament speaks with one voice.

The Opposition fully support the steps that the Government are taking to further strengthen our sanctions regime, prevent evasion and ensure that the Kremlin’s capacity to conduct this war is undermined. I stress that we recognise that this statutory instrument is common sense and prudent. It clearly should not be permissible that, more than 500 days into this conflict, it would be potentially lawful for a UK legal services provider to support commercial activities that advanced Russian interests because said activity did not have a sufficiently tangible connection to the UK, due to the territorial application of the 2019 regulations.

I hope the Minister can tell us what assessment the Government have made of how effective the 2019 regulations were and how we discovered any potential loopholes that people could get through. This leads on to my major point about this: can the Minister account for the delay in addressing these issues from the application of the regulations in 2019? If this loophole has been exploited, why has it taken us so long to address it?

I have read the Law Society’s letter and I appreciate the Minister’s response. I welcome the fact that the law officers and other departments are meeting with the Law Society but, to echo the point from the noble Lord, Lord Purvis, I am keen to support the Government in strengthening these sanctions. I do not want to see any further escape routes for people. It is important that we hear the Minister’s view on how effective these new regulations will be at imposing the sort of sanctions that we believe are necessary to limit Russia’s ability to wage war.

I know that the Minister has heard me say before that it is one thing to adopt particular regulations on sanctions, but how we resource them and how we are satisfied that they can be implemented and monitored is another. Can he tell us how the Office of Financial Sanctions Implementation is resourced? Will it be able to police these regulations? If our sanctions regime truly is a work in progress, we must be capable of reflection and improvement. If exemptions are causing more issues, we need to know about them; the assessment must be based on that.

There is one other question I will briefly raise, which is that the regulations provide exceptions when the Act relates to diplomatic missions or consular posts. Can the Minister give me a practical example of that? I am not sure I understand the purpose of it.

I have addressed the point about the Law Society. Of course, this was also raised with the Secondary Legislation Scrutiny Committee, which expressed the view that this issue needs to be addressed. The committee was approached by an international law firm.

I conclude by saying that we once again fully support the Government’s actions. We want to see the Russian regime sanctioned. The news I have just seen on the BBC website about not only breaking the agreement but bombing the very facilities that could feed Africa is absolutely atrocious. The sooner we bring this regime to account, the better. We fully support the Government in their actions.

Foreign Policy

Baroness Lawlor Excerpts

Wednesday 3rd May 2023 Grand Committee

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)]

My Lords, I thank the right reverend Prelate the Bishop of St Albans for tabling this debate. Without sounding too clichéd, I strongly agree with the noble Baroness, Lady Smith, that it has been a fascinating debate, and probably the most illuminating debate that I have taken part in, at least as a Minister. I have so enjoyed many of the speakers that we have heard today. Like everyone, I do not agree with everything that I have heard, but I agree with much of it and have enjoyed the passion with which the speeches have been delivered, and the depth of knowledge and wisdom.

As your Lordships will be aware, since publishing the IR in 2021, we have seen a huge escalation in geopolitical competition, with an intensification of threats to our democracy and security. The global turbulence forecast in the review has moved at a quicker pace than anyone had imagined just two years ago. In recent months, we have seen an emerging trend, a transition to a multi-polar and contested world, from Russia’s unprovoked invasion of Ukraine to China’s growing economic coercion. The world is a most dangerous place, as the noble Lord, Lord Howell, said very convincingly, with far-reaching consequences for the security and prosperity of the British people.

I pay tribute to the noble Lord, Lord Coaker, for delivering his speech so compellingly and covering a lot of the points that I wanted to cover. He made the point that the current situation in Sudan, the most recent of this tumult, amply demonstrates the heightened volatility that is likely to last beyond the 2030s. That is why we published the IR refresh earlier this year, setting out how the UK will meet this reality head on.

The refresh describes how the UK will protect our core interests—the sovereignty, security and prosperity of the British people—and pursue a stable international order, with enhanced co-operation and well-managed competition, based on respect for the UN charter and for international law. Rightly, our approach is an evolution as opposed to a revolution. Our strategic ambition is on track, positioning the UK as a responsible, reliable and effective international actor and partner, investing in the global relationships that we know we need to thrive in an era of international uncertainty. We meet our obligations as a permanent member of the UN Security Council and as the leading European ally within an expanding NATO.

We do have strong relations with our neighbours in Europe. I say that in response to a number of points made by the noble Lords, Lord Browne and Lord Bilimoria, and the noble Baroness, Lady Smith. We have strong relationships, notwithstanding Brexit. I see that in my own work almost every day, much of which would not be possible without co-operation with our friends and allies in Europe, but, yes, we must build on the Windsor Framework to invigorate those partnerships even more. We are deeply engaged in the Indo-Pacific, we are active in Africa and we enjoy thriving relationships with countries across the Middle East and the Gulf.

A number of noble Lords mentioned the Commonwealth. Although I will not focus on it too much in this speech, because I have so many points to cover, I want to amplify the point made so well by my noble friend Lord Howell, the noble Lord, Lord Bilimoria, and the noble Baroness, Lady Smith. It is not just a unique club but an extraordinary club of nations. As one speaker pointed out, it encompasses 2.5 billion people. It is a club unrivalled in its diversity—geographic, economic, cultural and in every conceivable way. There is an incredible strength in it, with these countries—in some ways unlikely countries—bound together by something very strong and with the UK playing a critical role, not least through the role of His Majesty the King. Like others, I believe that there is much more to be extracted from that club. There is much more to be done to strengthen it and give it purpose. That has moved higher up the political agenda, even in the last few months here in the UK.

Today’s debate has touched on issues right across the spectrum of our international interests. There is no way that I will be able to answer all the points made, but I will do my best. My noble friend Lord Frost made a point, followed up by the noble Lord, Lord Coaker, about the importance of our relationship with the US. The US is clearly our closest ally. It remains so and I hope it always will. There has been tremendous political volatility recently, with the election of President Trump followed by a shift towards the Administration of President Biden. That has made the status quo trickier and we have had to navigate uncharted waters in that relationship.

I know this is absolutely not central to our debate, but the noble Lord and my noble friend Lady Meyer raised the current obsession within the US, which is unfortunately catching on here as well, with what are often termed culture wars. I can only imagine what our competitors in China and combatants in Russia think when they see western politicians unable even to answer the question, “What is a woman?” It just makes no sense at all. We can laugh at it, but there is something more serious there. The implications go further; my noble friend Lady Meyer made the point, so I will not repeat it, other than to say that we are seeing a creeping intolerance, through every aspect of society, which is antithetical to our values as a country and to any kind of advancement and progress in relation to intellectual discourse, politics or anything else. It cannot just be dismissed as trivia. It is a fundamental issue and I very much share the point that she made.

The UK has provided nearly £6.5 billion in military, humanitarian and economic support to Ukraine since the start of the invasion. This goes to the point a number of noble Lords made about the position that the UK holds in the world. We led the G7 response, co-ordinating diplomatic activity and imposing our toughest ever sanctions, and we have trained thousands of brave Ukrainian troops.

As a Foreign Office Minister, I have the privilege of travelling the world and, like my noble friend Lady Meyer, I do not hear people outside this country talking down the UK. I hear people talking up the UK and the role that we have played, in relation not just to Ukraine but to other issues such as climate change, which the noble Lord, Lord Coaker, mentioned and I will come to later. We are seen as a world leader, and I have seen no sign whatever that this has been diminished by the decision we took to leave the European Union—on the contrary. We often hear that we no longer have a seat at the table, but the opposite is true: we have a seat at many more tables than we had before and are able to make decisions often in partnership with the European Union, which we are routinely able to push into much stronger positions.

As we update our Russia strategy, our objective is to contain Russia’s ability to disrupt the security of the UK, the Euro-Atlantic and the wider international order. As we face the most significant conflict in Europe since the end of World War II, we need to know that our Armed Forces are ready for the battles to come—a point that has been well made—and that the wider threat that Russia, Iran and North Korea pose to the international order is contained.

We have already announced that we will bolster the nation’s defences, investing £5 billion over the next two years. This will replenish our ammunition stocks, modernise our nuclear enterprise and fund the next phase of the AUKUS partnership. This investment represents significant progress in meeting our long-term minimum defence spending target of 2.5% of GDP and comes on top of the £560 million of new investments last year and the record £20 billion uplift announced in 2020.

Secondly, we know that the prosperity and security of the Euro-Atlantic and Indo-Pacific regions are inextricably linked. It is critical to our economy, security and values that we build on those partnerships. The review makes our long-term commitment to a free and open Indo-Pacific a permanent pillar of our international policy. In answer to questions raised by a number of noble Lords, in particular the right reverend Prelate, that long-term commitment is already bearing fruit across defence, diplomacy and trade, evidenced by our recent accession to the CPTPP, which my noble friend Lord Frost talked about. We are its first European member.

The PM announced in March that the AUKUS partnership will deliver a state-of-the-art nuclear-powered submarine platform to Australia, setting the highest nuclear non-proliferation standard. This capability will help uphold the conditions for a secure and stable Indo-Pacific. I do not pretend to be an expert in Australian politics but, again, I see nothing to suggest that politics in Australia is moving against this new arrangement. On the contrary: it seems to be embraced cross party—or mostly. The Foreign Secretary’s recent visit to the Pacific nations demonstrated that commitment to partner with our friends there for the long haul, listening to their priorities and working together on issues that are existential for us all but especially for those small island developing states that are absolutely on the front line when it comes to tackling climate change.

As the Foreign Secretary set out last week, and as someone here also said, China continues to present an “epoch-defining challenge” for an open, stable international order. This is our third key area, which I will focus on briefly. As noble Lords will know, China is a permanent member of the UN Security Council and the second-largest economy in the world, with an impact on almost everything of global significance to the UK. Therefore, it is firmly in our national interest to engage with China bilaterally and multilaterally, and to ensure that we have the skills and knowledge to do so.

I pay tribute to the noble Lord, Lord Alton, for raising, on so many occasions in the short time that I have been a Minister, issues of injustice that flow from the current Chinese Government—I say current, but it has been the same Government all my life. We are not blind to the increasingly aggressive military and economic behaviour of the Chinese Communist Party, stoking tensions right across the Taiwan Strait. The evidence of human rights violations in Xinjiang is truly harrowing.

In response to a couple of the questions that the noble Lord, Lord Alton, asked, I do not know what the Vice-President and the Foreign Secretary will talk about but I hope it will be Hong Kong and the situation in relation to the Uighurs and Jimmy Lai, the noble Lord’s friend, who is clearly being pursued as a mechanism to silence a critic and as part of a broader attack on media freedom—there is no doubt about that. I hope these issues are raised and that the Foreign Secretary is able to lay out the UK’s position on them. I will write to the noble Lord about the commission of inquiry in relation to North Korea, as I am afraid that I cannot give him an answer. On the Iranian national guard, we have responded to Iran’s completely unacceptable behaviour by sanctioning the IRGC in its entirety as well as certain of its leaders specifically. That was announced last week.

Going back to China, our approach must combine these two currents. We will strengthen our national security protections wherever Beijing’s actions pose a threat to our people or our prosperity. We will ensure alignment with our core allies and a wider set of international partners, and we will engage directly with China to create a space for constructive and stable relations.

The noble Lord, Lord Coaker, made the point that there are many problems globally that we cannot solve without China. This international co-operation occasionally works; I saw that myself in Montreal, where China held the pen of the CBD COP 15, working with Canada as the host and delivering something which exceeded anyone’s expectations. I was about to use a word that I would come to regret—I am enthusiastic about efforts to protect the environment—but I certainly did not expect that the outcome would be what it was. To be fair about it, we must acknowledge that China played a very unexpected but positive role. A lot of that was a consequence of engagement. There was a real sense of expectation in China, with the pressure of a risk of being seen to fail, which I think led to them taking a stronger position than they would have otherwise.

To support all these efforts, we have confirmed that we will double our funding for China capability, to continue to build expertise and language skills here in government. I acknowledge the point made by my noble friend Lord Frost about the behaviour of the World Health Organization during the Covid crisis. He is right. While on one level it is also right that we should be critical of the efforts that China made to capture that organisation, I am far more upset with the World Health Organization for allowing itself to be so obviously captured.

[Baroness Lawlor (Con)]

Would my noble friend the Minister consider how this country can lessen its economic dependence on China? There is a great deal of research now about not having dependency for more than 25% of imports on any one country, and—