Trade (Australia and New Zealand) Bill

Baroness McIntosh of Pickering Excerpts

2nd reading
Monday 9th January 2023 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

I welcome this opportunity to speak at Second Reading. I am delighted to follow my noble friend Lord Lansley and add my congratulations to my ever-youthful noble friend Lord Swire on his maiden speech. We look forward to many such contributions in future.

I have no known relatives in Australia or New Zealand, but I have close friends there who are, bizarrely, of Danish heritage. The House will remember that I am half-Danish; obviously, I took great interest in the fact that, 50 years ago last week, Denmark, Great Britain and Ireland joined the European Union, on 1 January 1973.

On a general note, I accept that no one can deny the importance of our relationships with Australia, New Zealand and other Commonwealth countries in relation to trade, security and other aspects. However, as noble Lords who have referred to the importance of those relationships will accept, those countries are a very long way away. Historically, geographically and perhaps more normally, our natural trading partners over the past 50 years—notably the European Union—have been closer.

Although I welcome the Bill before us, it seems to lend itself to being fairly asymmetrical, favouring foreign imports over domestic producers here. While we are told that the Bill is necessarily largely technical in nature, it is thin in substance; the Minister used the word “flexible”. I echo the sentiments of others who have spoken—notably our two august former trade commissioners to Australia, both of whom spoke very eloquently—about the impact of the lack of scrutiny on trade deals, such as is enjoyed in large measure in the US legislatures and the European Union, which we left only recently. I also support the comments made by the noble Baroness, Lady Young, and others on the key role to be played in this Bill and others by the Trade and Agriculture Commission; we must ensure that it has all available resources and expertise.

If one is in any doubt about the perhaps limited nature of the agreement before us, let me refer to the Government’s own impact assessment estimates. The impact assessment in relation to the New Zealand deal states that the UK’s

“agriculture, forestry and fishing and semi-processed foods sectors are expected to experience a reduction”

in gross value added

“of around 0.35% (£48 million) and 1.16% (£97 million) respectively.”

As regards Australia, that impact assessment states that the UK’s

“primary agriculture and semi-processed foods sectors are expected to experience a reduction”

in gross value added

“of around 0.7% (£94m) and 2.65% (£225m) respectively relative to baseline growth in the sectors.”

The Government estimate that as a result of the Australian deal we will see a reduction in gross output of around 3% for beef and 5% for sheepmeat due to liberalisation. This is equivalent to wiping £87 million off the output of UK sheep production and £67 million off the UK beef sector and does not take into regard the cumulative effect of agreeing similar liberalisation terms with New Zealand.

The trade figures for October show a decline in trade with non-EU countries, which obviously is a source of concern in the context of the Bill before us. I had the honour of representing for 18 years in the other place a deeply rural constituency in North Yorkshire with a proud tradition of producing spring lambs and fatstock beef. I fear that with the potentially asymmetry in this Bill, they will be damaged in the long term by the lack of a permanent safeguard clause. I will revert to that as one of my asks of my noble friend and his department in the context of the Bill this afternoon. I echo my noble friends Lord Frost and Lord Udny-Lister, who recognise the concerns to be faced by sheep farmers and particularly by hill farmers and fatstock producers across the UK and that those concerns must be addressed sooner rather than later.

In terms of Commonwealth trade, once Britain, Ireland and Denmark acceded to the European Economic Community on 1 January 1973, I understand that a trade deal was done with Australia, New Zealand and other members of the Commonwealth through the African, Caribbean and Pacific agreement. This has been updated periodically, most recently in European partnership agreements. As the noble Baroness, Lady Bennett, said, initially mention was made of the importance of sugar in trade and obviously the vital importance of trade to certain Commonwealth countries. Initially, a stable price was set for sugar, which was replicated in other products.

I again pay tribute to my mentor, the late great Lord Plumb, who was president of the NFU, the first and last British President of the European Parliament, and co-president of the assembly for the African, Caribbean and Pacific countries. He played a central and crucial role in these negotiations. Can my noble friend clarify the position under the Bill, which was raised in Oral Questions this afternoon, regarding products emanating from Australia, New Zealand and other Commonwealth and, now we have left the EU, third countries? Will those products meet the same standards of production, particularly in terms of animal welfare and environmental protection, as our home-produced foods?

I take great comfort from the commitment in the Conservative Party manifesto of 2019 that British high standards of animal welfare and environment would be maintained and that they would be replicated in imported food and food products. Can my noble friend the Minister take this opportunity to reconfirm and echo the comments made by our noble friend Lord Benyon, who, answering at Oral Questions, assured us that our free trade agreements, such as those before us in this Bill, will never conflict with stated UK policy in this regard?

The promise of open trade was, as I said, mentioned in the manifesto. It was repeated during the Conservative Party leadership contest in summer 2022 by my right honourable friend Rishi Sunak, now the Prime Minister. He made a commitment at that time that 50% of all publicly procured foods supplying local authorities, our schools, hospitals, prisons and defence establishments would be locally sourced. He went further, and I will quote his letter following his meeting with the NFU during that leadership contest in terms of international trade:

“I know that farmers are concerned by some of the trade deals that have been struck, including with Australia. I will make farmers a priority in all future trade deals. On my watch, we will not rush through trade deals at the expense of farmers. They will take as long as they take, and we will not water down our standards. We will also build on existing support mechanisms to help farmers export to the world’s emerging markets. We will maintain the high standards of animal welfare, environmental protection, and food safety.”


I support those desires and wishes of my right honourable friend the Prime Minister. I hope that my noble friend the Minister will also support them when winding up this debate.

There is disappointment—as my noble friend Lord Lansley, other noble Lords and I discussed at length during the proceedings on the Trade Act, and more recently the Procurement Bill, during this Parliament—that the wishes of my right honourable friend the Prime Minister seem to have met insurmountable obstacles in meeting our domestic public procurement target for 50% locally sourced food. I hope that I can rely on my noble friend’s good offices to ensure that that target is met going forward.

I conclude by seeking assurances from the Minister today that, for the wine and spirit producers—who welcome this Bill, as do I—a separate chapter will be opened and the Government will vigorously apply for export opportunities for UK wines and spirits to both Australia and New Zealand. I understand that the New Zealand agreement is preferable, as it allows for a committee to improve trade in UK products without reopening the agreement. I would be very interested to learn why that same provision was not available for the Australia agreement.

I seek the further assurance for UK farmers and consumers that our high levels of food production will be maintained and that inferior products will not be allowed entry. We heard earlier from the noble Lord, Lord Purvis, that hormone-produced beef and pesticide-induced crops may form part of the produce to be imported under the procurement provisions of the Bill before us. Neither would be acceptable to UK home production.

I also ask for the assurance that local authorities and military establishments will have the opportunity to source locally produced food to at least 50%, as previously sought by our Prime Minister.

Finally, I seek the assurance that an adequate and permanent safeguard clause will be introduced and that all the relevant statutory instruments, flowing directly or indirectly from this Bill, will be adopted under the affirmative procedure.

--- Later in debate ---

[Lord Johnson of Lainston (Con)]

I thank the noble Baroness. I am about to go on to that exact chapter in making my final point on standards, which are important. I take this issue to heart.

It is absolutely essential for everyone to realise that nothing has really changed in terms of our standards. In fact, we believe that, in some instances, we have increased our ability to protect ourselves. I want to quote from some of the important chapters in the Trade and Agriculture Commission’s report, if noble Lords will indulge me; I know that my noble friend Lady McIntosh wanted me to touch on these matters as well. The report states:

“Importantly, all of these trade liberalisation obligations are fully covered by general exceptions, taken from WTO law, ensuring that the UK can regulate to protect animal or plant life or health … In addition, the FTA contains several rules in its environment and animal welfare chapters that expand on these rights to regulate, which gives the UK more leeway to override its trade liberalisation obligations—


that goes to the whole friction between these points—

“than it would have under WTO law.”

This is very important. We are ironclad in our ability to control our standards.

The concept of mulesing was raised. The TCA sees an increase in imports of mutton from mulesed sheep as negligible, and the FTA does not restrict the UK’s WTO rights to prohibit imports of products from Australia produced using the practice of mulesing without pain relief. I was told that 90% of all mulesing is done with pain relief. Yes, there are different practices and clearly, mulesing is not relevant in the UK because of flystrike and other conditions, but we have the ability to protect ourselves and we still have the ability to ensure that the food and goods we import conform to our standards.

Also, in terms of animal welfare, these chapters are ground-breaking. It is worth using those words, which are appropriate. We have driven change there, and it reflects our values. New Zealand and Australia have a very strong commitment to raising animal welfare standards. It is also very important to point out that we still have complete control over pesticides and other such matters. Our approval process involves audit and assessment of a country’s system. Products entering the UK must be accompanied by certificates and a percentage are subject to physical checks to ensure that standards are maintained. We have worked very closely with the Food Standards Agency and Food Standards Scotland. This is very important and—

[Baroness McIntosh of Pickering (Con)]

My noble friend will be aware of a briefing from the Food Standards Agency, which is concerned about the increase in what is required of it. He might like to consider that.

On a slightly separate point, my noble friend said that the purpose of the Bill is that the procurement provisions will apply in Scotland. My understanding is that the Scottish Government have withheld consent to the Procurement Bill so I am not quite sure how, constitutionally, we could not be seen to be circumventing the will of the Scottish Government and the Scottish people in this regard.

[Lord Johnson of Lainston (Con)]

I thank my noble friend for both her points, the first of which is heard. The assumption is that these agencies can police our borders. Clearly, if there are different requirements on account of this trade deal—although I cannot see why—certainly, we should look into that. We covered her second point in the debate. These are concurrent powers. We have consulted consistently and continually with all the devolved nations, and we are not requiring a legislative consent Motion to run those concurrent powers.

I thank all noble Lords for their contributions to today’s debate. I reiterate my willingness to meet noble Lords and discuss this Bill further. Those who have spent time with me over the last month know that I am fully available to ensure that this Bill is a success. I am transparent and open to you and want to ensure that we learn in this iterative process to create even more effective trade deals into the future with different economies. This is not a “one size fits all” process. Just because we have an agreement with Australia and New Zealand does not mean that this agreement will be cut and pasted across to another country. Every country and economy is different and should be treated as such.

Underpinning this Bill are two extraordinarily far-sighted trade deals between our sister nations, resulting in an estimated £10 billion increase in trade with Australia and £1.7 billion increase in trade with New Zealand. There have been discussions about how we get to those figures. Professor Minford suggested a £60 billion benefit for trade with Australia; our government forecasts gave us a figure of £10 billion. I am happy to discuss with the noble Lord, Lord Purvis, how to assess these trade deals more accurately. The impact assessment and the look back will help us in that regard.

As I said to my noble friend Lady McIntosh, we have engaged with the devolved Governments at every stage of the process and have also allowed for greater parliamentary scrutiny than is prescribed in statute. We have shone the torch of the Trade and Agriculture Commission on these issues, and we have built two-year and five-year assessment breaks into the agreement. If we decide that we do not like these agreements, we can cancel them within a six-month notice period. These deals demonstrate our values and leadership on standards—that is very important and has come up in the debate today—how we operate with developing nations, labour rights, gender equality, the treatment of animals and the environment. These deals absolutely protect our agriculture industry and our standards in line with our values, while ensuring that we bring essential benefit to our consumers.

These trade agreements are designed to be flexible, with a whole range of structures established to ensure proper dialogue and recourse. As I have said, they are not some post-war steel treaties. They are, thanks to our leadership and position as the new driver of our unique free trade mission, modern, future-proofed concepts which allow our nations to grow together in commerce and trade.

These deals are being made between us and two allied Commonwealth nations, as has also been said, with the same Head of State and with those who died for our values in two world wars. We are their brothers, sisters, fathers, mothers and cousins. We already live and travel and own properties, businesses and farms in each other’s countries.

As came up earlier, our levelling-up agenda plays an important part in how we will work together in the future. I ask Members of the House to talk to some of the firms and people positively affected by these deals. Your Lordships will see the palpable excitement, as I have shown, from chapters such as the ground-breaking one on SMEs welcomed by the FSB. All that is within a consumer protection section that will ensure that our consumers benefit from greater choice and lower prices in our shops.

Contrary to critics’ view, the Government have thought out our trade strategy well. We want to ensure that our free trade agenda is indeed the framework that launches us on the path to give our citizens the choices and power to reach the ends of the earth. We should be proud of the decisions we have recently taken over our trading destiny and focus on creating a new world order, where we sit at the very centre of a series of geostrategic relationships and prosper from this network of trade and investment, shared culture and values, and build the wealth that gives us security and ultimately control over our destinies, which is at the very heart of our free, liberal and democratic-minded nation.

The Government have taken the first major step on our journey. We are proud of the modern and comprehensive deals that we have negotiated, and I look forward to the passage of the Bill through your Lordships’ House.